By submitting the Film to AiF, the Applicant and Film Owners (the “Submitting Parties”) hereby warrant and represent that:
(i) the Film is wholly original and is not copied from and does not include any other work that is the subject of copyright or other protection, unless such work is in the public domain or the Submitting Parties have obtained any and all consents, releases, licenses, and other authorizations or waivers of any kind necessary for the inclusion or reproduction of any person, character, location, thing, trade-mark, sound recording, musical composition or other work in the Film;
(ii) the Film does not defame any person or violate the common law or statutory rights, including, without limitation, the rights of privacy and publicity or any other right of any person;
(iii) the Film is not the subject of litigation nor, within the knowledge of the Submitting Parties, is there any threat of litigation;
(iv) there are no agreements, nor will there be any agreements made subsequent to the date of this Film submission that would or could have the effect of impairing the Submitting Parties’ ability to provide the Film as contemplated herein, or otherwise conflict with any provision of these Terms; and
(v) the Submitting Parties have the full right, power and authority to submit the Film to AiF for Shorts Festival consideration, and to grant all of the rights granted hereunder and in the registration form, and there is no obligation or disability which would in any way impair, restrict or impede the Submitting Parties from fully performing all obligations pursuant to the submission and these Terms.
The Submitting Parties agree to indemnify and hold harmless AiF, its licensees, successors and assigns, and its and their members, officers, directors, employees, agents, representatives, associates and affiliates (each, a “Releasee”), from any claim, suit, action or other proceeding brought against a Releasee and from any losses, costs, or damages, including the Releasee’s full legal costs, which it may have suffered or incurred or may suffer or incur, directly or indirectly based on, in connection with, or arising from the use and Shorts Festival of the Film submitted by the Applicant or the breach or alleged breach of any representation, warranty or other agreement made by the Applicant in these Terms. By submitting an Film to AiF, the Submitting Parties hereby release AiF from any and all liability in the event of theft, unauthorized access or copying, or any breach of copyright of the submitted Film while it is in AiF’s possession.
By submitting the film to AiF, the Submitting Parties hereby grant AiF, its successors, assigns and licensees a non-exclusive irrevocable, royalty-free license to incorporate, use and reproduce the Film in whole or in part, in any manner and in all languages, editions, derivations, formats and media, whether now known or hereinafter devised in all territories throughout the world, in perpetuity for various purposes in connection with and promotion of the Shorts Festival, AiF’s charitable mandate and in connection with the activities and ancillary products of AiF, its affiliates, partners, and sponsors.
The Submitting Parties hereby waive in favour of AiF and its successors, assigns and licensees all moral rights of whatsoever nature in and to the Film and any right to inspect and/or approve any advertising or promotional materials that may be used in connection with its use by AiF as expressly permitted hereunder.