T&C for Festivals
Welcome to the Magical world of cinema! WFCN makes it easy to discover & submit to thousands of film festivals, screenplay contests, music contests and photography contests all over the world. The following pages contain our Terms of Service, which govern all use of our Services.
Last updated: December 1, 2019
1. ACCEPTANCE OF TERMS
The following terms and conditions (this "T&C") govern all use by you as a Festival (as defined below) of (a) the WFCN websites and domains (including all webpages, sub-domains and sub-parts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by WFCN ("WFCN ") for your events, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by WFCN. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by WFCN. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY WFCN. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.
WFCN reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this T&C at any time. It is your responsibility to check this T&C periodically for changes. Your continued use of the Services following the posting of any changes to this T&C constitutes acceptance of those changes. If any change to this T&C is not acceptable to you, please get in touch with WFCN team.
2. DESCRIPTION OF WFCN
WFCN provides a simple and quick means for registered users who are film festivals, events or contests ("Festivals" or "you") to collect submissions or creative works from, and registrations (or issue free registrations), or sell merchandise to users ("Filmmakers") who want to submit their work to or make purchases from such events. Payments are all transacted through third party payment service methods, such as Paypal, (collectively, "Facilitated Payment Modes" or "FPM"). This T&C applies to you and your use of the Services as a Festival. For the Terms of Service Agreement that applies to you and your use of the Services as a Filmmaker and/or other non-Festival user or visitor, please see https://www.wfcn.co/info/terms-for-submitters
3. YOUR USE OF THE SERVICES.
3.1 The Services.
WFCN hereby grants you a non-exclusive, non-transferable, non-sub licensable right to access and use the Services solely for the purposes of creating an event page with respect to, and promoting, managing, tracking, and collecting submissions and submission fees, and registrations (or issue free registrations) for an event that you have registered on the Site, in each case (i) in compliance with this T&C, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (iii) rent, lease, resell, distribute or use the Services for timesharing, or commercial purposes (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.
If you are allowed to download or use any Software in connection with the Services, WFCN hereby grants you a personal, non-transferable, non-sub licensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by WFCN in conjunction with the Software. For purposes of this T&C, "Software" shall mean any and all software that is available on or through the Site or otherwise provided by WFCN, including without limitation WFCN’s mobile applications. For clarity, the Software will be deemed a part of the "Services" hereunder.
The Software and the transmission of applicable data are subject to Singapore export controls. No Software may be downloaded or otherwise exported or re-exported in violation of Singapore export laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all laws and the rules and regulations of all credit card companies.
4.1 Independent Relationship of FPM’s
4.2 Credit Card Processing.
(a) Gateway; Payment Process.
Payment processing occurs via an FPM on WFCN. WFCN will collect all submission fees, and merchandise fees on behalf of the Festival from Filmmakers as an agent of the Festival and deduct from the fees collected by WFCN all applicable Services Fees as agency commission fees payable by the Festival to WFCN, and then pass the remainder along to the Festival on the tenth (10th) business day of each month (either by mailing a check or through an electronic funds transfer, depending on the option the Festival has chosen through using the Site, to the address or account, respectively, that the Festival accurately designates on the Site), provided that WFCN reserves the right to withhold funds (i) at any time as WFCN determines to be necessary for the processing and settlement of all refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, and other discrepancies and (ii) as otherwise permitted pursuant to this T&C. Festival agrees that all fees ultimately due will be net of all Service Fees, refunds, disputed charges, chargebacks and other deductions, whether due to customer complaints, allegations of fraud, discrepancies related to the applicable event or otherwise. No payments shall be made to a Festival from WFCN with respect to any event that is cancelled. If payments have already been made by WFCN to a Festival for a cancelled event, such Festival will immediately refund to WFCN all such payments upon cancellation of such event. All sales, fees, charges, and funds are payable in U.S. Dollars, as accepted by WFCN.
FESTIVAL AGREES THAT ANY PAYMENT BY WFCN OF SUBMISSION FEES PRIOR TO THE TENTH (10TH) BUSINESS DAY AFTER THE END DATE OF EACH MONTH ARE MERELY ADVANCES OF AMOUNTS THAT MAY BECOME DUE TO FESTIVAL UNDER THIS T&C AND THAT WFCN MAY DEMAND SUCH ADVANCES BACK (FROM TIME TO TIME IN ITS SOLE DISCRETION), AND FESTIVAL SHALL THERE UPON PROMPTLY (AND IN ANY CASE WITHIN TEN (10) BUSINESS DAYS AFTER SUCH DEMAND) PAY BACK TO WFCN SUCH ADVANCE OR ANY PORTION THEREOF DEMANDED BY WFCN.
(i) It is the responsibility of the Festival to communicate its refund policy to Filmmakers and to issue refunds to Filmmakers via the Site or offline. A Festival shall ensure that its refund policy is consistent with the terms of this T&C. The Site permits a Festival to issue refunds to Filmmakers within six (6) months after the transaction date. Refunds issued following such period will not be processed through the Site, unless otherwise agreed to by WFCN in its sole discretion. Subject to the foregoing, refunds issued by a Festival will be processed within thirty (30) days after Festival instructs the issuance of the refunds via the Site. All communications or disputes regarding refunds are between the Festival and Filmmaker, and WFCN will not be responsible or liable for, and Festival hereby agrees to fully indemnify WFCN and its affiliates for, refunds, errors in issuing refunds, or lack of refunds. (ii) Notwithstanding the foregoing, you acknowledge and agree that WFCN shall have the right to force a refund of any or all submissions at any time for any reason or no reason, including without limitation if WFCN receives complaints from a substantial number (as determined by WFCN in its sole discretion) of Filmmakers with respect to the Festival, or WFCN determines in its sole discretion that Festival has engaged in any fraudulent activity or made any misrepresentations. Further, if one or more Filmmaker(s) request a refund, whether due to a cancelled event or for any other reason where WFCN would reasonably expect to lose a chargeback, WFCN may, in its sole discretion, issue such refund to such Filmmaker(s), and Festival shall then owe the amount of such refund to WFCN.
(c) Credit Card Chargebacks.
Any credit card chargebacks initiated by a Filmmaker for any reason with respect to an event shall be charged back to the Festival of such event.
(d) Fees That We Charge.
Creating an account, listing an event and accessing the Services are free. However, we charge fees when you accept paid submissions, or purchase marketing services. These fees may vary based on individual agreements between WFCN and certain Festivals. WFCN reserves the right, at its sole discretion, to make adjustments to pricing at any time, either individually or collectively, and will notify Festival(s) of any pricing modifications via email.
4.3 Non-Exclusive Remedies.
In the event that Festival fails to pay to WFCN any amount owed pursuant to this T&C when due, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (a) ten percent (10%) per annum, and (b) the maximum amount permitted by applicable law. In the event any amounts are owed by Festival to WFCN under this T&C or otherwise, WFCN may, without limiting its other rights and remedies, (i) deduct such amounts from Festival's outstanding balance, whether for that particular event or for any other event that Festival lists through the Services; and/or (ii) send an invoice to Festival for such amounts to the extent Festival's outstanding balance is insufficient to cover these costs, in which case Festival shall pay WFCN such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to WFCN hereunder are not made by Festival when due, WFCN reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Festival's registration for the Services (including any and all accounts that Festival may have).
Upon receipt of a credit card authorization from each individual submission, WFCN generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honor, and fulfill all commitments that have been confirmed by WFCN through the Services, and it is your responsibility to verify the Filmmaker's submission status, the confirmation number and/or any event restrictions prior to the subject event.
(c) Taxes; Withholding.
(i) You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, "Taxes") apply to your use of the Services and for collecting, remitting and reporting the correct amounts of all such Taxes to the applicable governmental authorities, even if WFCN provides you with tools that assist you in doing so. WFCN does not represent or warrant that any tax tools will meet all tax requirements that may be applicable to you. WFCN cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires WFCN to pay any Taxes attributable to your use of the Services, you agree to indemnify and reimburse WFCN for such Taxes and all costs and expenses related thereto.
(ii) All Service Fees charged by WFCN do not include any Taxes except to the extent that a Tax is expressly set forth in the applicable invoice or billing statement, and you agree to pay any Taxes that are imposed and payable on such Service Fees (other than those calculated based on WFCN's net income) to WFCN.
(iii) WFCN reserves the right to withhold the payment of any amounts owed to you hereunder if WFCN suspects or determines that such amounts have been generated in (A) a fraudulent manner, (B) violation of this T&C, or (C) violation of any applicable laws or regulations (foreign or domestic), or if WFCN is required to do so by applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by WFCN).
5. YOUR REGISTRATION OBLIGATIONS.
6. ACCOUNT, PASSWORD AND SECURITY.
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify WFCN of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WFCN cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that WFCN shall be the sole arbiter of such dispute in its sole discretion and that WFCN's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
7.1 Site Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by WFCN in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. WFCN may own the Site Content or portions of the Site Content may be made available to WFCN through arrangements with third parties. Except as expressly authorized by WFCN in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of WFCN. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
7.2 Your Content.
You, as a Festival, acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to WFCN a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, modify, distribute, translate, publish, and display Your Content to Filmmakers and the public. YOUR USE OF THE WFCN SITE AND SERVICES DOES NOT GRANT US OR ANY THIRD PARTIES ANY OWNERSHIP TO YOUR INTELLECTUAL PROPERTY. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. WFCN reserves the right to remove any of Your Content from the Site at any time if WFCN believes in its sole discretion that it does not comply with this TOS. In addition, you agree that WFCN may use your event name and logo for the purpose of identifying you as an existing or past customer of WFCN both on the Site and in marketing and promotional materials.
8.1 Certain Restrictions.
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Filmmakers and other users of the Services. You agree not to use the Services to upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;harm minors in any way;facilitate gambling, gaming, lotteries, raffles, sweepstakes and/or any other activity featuring the award of a prize other than contests conducted in a manner that complies in all respects with WFCN’s Contests Guidelines;impersonate any person or entity, including, but not limited to, a WFCN representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of submissions and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by WFCN;
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
Intentionally or unintentionally violate any applicable law or regulation (foreign or domestic); or
Stalk or otherwise harass any person or entity.
8.2 Certain Remedial Rights.
You acknowledge that WFCN does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that WFCN and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that WFCN may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of WFCN, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
9. SUB-DOMAINS AND CUSTOM URLS
WFCN may provide you with the right to use a sub-domain or custom url within the Site. All such sub-domains and custom urls are the sole property of WFCN. In the event WFCN provides you with a sub-domain or custom url, your right to use such sub-domain or custom url may be terminated by WFCN at any time (with or without notice) for any reason or no reason.
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from Singapore or the country in which you reside.
In addition, the Services are subject to Singapore export controls. No part of the Services may be exported or re-exported into, or to a national or resident of, any country to which Singapore has embargoed goods and/or services of the same type as the Services. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not located in, and you are not a national or resident of, any such country.
You agree to defend, indemnify and hold WFCN, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of this T&C. WFCN shall provide notice to you of any such Claim, provided that the failure or delay by WFCN in providing such notice shall not limit your obligations hereunder. WFCN reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting WFCN’s defense of such matter.
12. SERVICE MODIFICATIONS/SUSPENSIONS.
WFCN reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) but WFCN informs the festival of such cases before taking such an action. WFCN will not be responsible to you for a refund, in whole or part, of Service Fees for any reason, except for Service Fees (excluding the portion of Service Fees paid over to FPMs and other third party service providers used by WFCN in connection with providing the Services) related to refunds issued to Filmmakers. You agree that WFCN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
WFCN, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due WFCN, or if WFCN believes that you have violated or acted inconsistently with the letter or spirit of this T&C. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that WFCN may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that WFCN shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this T&C that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because WFCN has no control over such websites and resources, you acknowledge and agree that WFCN is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that WFCN shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.