TERMS AND CONDITIONS

of User’s participation in the production process of the movie under working title “Notes of Hope” by Sputnik Studio

 

  1. REPRESENTATIONS OF THE PRODUCER
    • The present document sets forth the terms and conditions for participating in the project organized by Sputnik Studio.
    • The aim of the project is the production of a movie – a documentary that portrays the outstanding efforts of doctors, nurses and medical workers all over the world in their fight against the spread of the COVID-19 pandemic.
    • The project shall consist of the video Recordings as well as graphic images, uploaded pro bono by Users, selected, artistically assembled and created by the Producer. The Producer invites people from all around the world to take part in this project.
    • The movie produced by Sputnik Studio shall be made available to the public on the Internet, among others, and especially on Youtube.
  2. DEFINITIONS. The following terms shall have the meanings set forth below:
    • ‘Terms and Conditions – the set of regulations included in these presents;
    • ‘Producer’ – Sputnik Studio 8 Magdalena Czmuda, a company incorporated under the laws of Poland, VAT number PL 713-26-86-920), located at Kasprowicza 13/24, 01-859 Warsaw;
    • ‘Recordings’ – video and/or photographic images uploaded by the Users on the online platform provided by the Producer;
    • ‘User’ – a natural person who has agreed to the Terms and Conditions and uploaded a Recording in accordance with these presents;
    • ‘Movie’ – the cinematic image under the working title “Notes of Hope” that consists of the Recordings, selected and artistically assembled by the Producer;
    • ‘Agreement’ – binding arrangement between the User and the Producer by which the User consents to the Terms and Conditions.
  3. INTELLECTUAL PROPERTY.
    • The Recordings created by the User are works, phonograms and videograms within the meaning of the Polish Law on Copyright and Related rights of 4th February 1994 (Journal of Laws from 2019, item 1231 consolidated text with further amendments).
    • The User represents that:
      • they are the only creator of the Recordings;
      • the Recordings have not been previously publicly disseminated;
      • dissemination of the Recordings does not infringe the rights of third persons, including their copyright and related rights,
      • they obtained all the proper consents for the use of images (including, but not limited to face, voice, silhouette) of all people who appear in the Recordings;
      • they have unlimited author’s moral rights and economic rights to the Recordings, as well as unlimited related rights to the Recordings as the producer of the videogram and phonogram that the Recordings consist of and other related rights (to artistic performances, if any);
      • the Recordings are original and contain no borrowings.
    • The User grants Producer the non-exclusive, irrevocable license to the Recordings (including, but not limited to: copyrights, related rights to artistic performances, related rights of the producer of the phonogram and the videogram, as well as full derivative rights: the right to perform the derived copyright together and the right to give consent to exercise the derived copyright to the Recordings) on the territory of the whole world (without any territorial restriction) and without any quantitative restrictions, for the indefinite period of time, in order to include the Recordings in the Movie (i.e. synchronize them within the Movie) and exploit the Recordings and the Movie and exercise all the right to the Recordings and the Movie on every field of exploitation that exists on the date of entering into the Agreement, and especially the following:
      •  fixing and production of copies of the Recordings and the Movie containing the Recordings with a use of printing and digital technology, including entering into a memory of a computer and other digital media devices and physical carriers (including, but not limited to:  DVD, HD DVD, BD, MD and VCD, computers, laptops, video players, PSP, iPad, iPod, iPhone, other mobiles, etc.).
      • introduction to circulation and trade, including, but not limited to distribution on every physical carrier or other digital media devices;
      • making the Recordings and the Movie containing the Recordings publicly available in any way, especially by public performance, exhibition, screening, presentation, broadcast and rebroadcast (including, but not limited to: with the use of wire or wireless picture or sound by an earth station, via satellite, in cable networks, telecommunication or multimedia networks or other transfer systems, among others: simulcasting and webcasting, coded or not coded, in open or closed circuit, in any technology (analogueor digital or other), in any system or format, with or without the possibility of recording,  simultaneous and integral broadcasting by a TV system), exploitation by hotels, airlines and other transport businesses, as well as making the Recordings and the Movie containing the Recordings publicly available in such a manner that anyone could access it at a place and time selected thereby (especially in the Internet and multimedia networks, including, but now limited to a dedicated website or application, with or without the possibility of recording, with use of any servers, devices and systems, any technology system or format, including pay-per-view, video-on-demand and streaming), as well as in VR (virtual reality) and AR (augmented reality) technologies,
    • The User hereby agrees and authorises the Producer to perform on its behalf the author’s moral rights regarding making decisions on the premiere of the Recordings and the Movie, as well as to integrity of content and form of the Recordings and their proper use, and in particular grants the consent for making changes, fragmentation, amendments and assembly as well as combining and extracting particular elements or fragments, and combining them with other works, recordings and elements, and other activities related to post-production of the Recordings and the Movie. The User undertakes not to perform the abovementioned author’s moral rights to the Recordings in connection to the Movie. Especially, the Producer is entitled to not specify the authors of the Recordings in the Movie (as well as beyond the scope of the Movie) nor the Users name, surname or nick, as well as to use Recordings in the Movie and the Recordings individually as a whole or use only their selected their parts of fragments, chosen by the Producer as its own discretion as well as introduce any graphics or typography to the Recordings (including, but not limited to, any information in various languages, subtitles, logos, trademarks, etc.)
    • The User consents to the Producer’s dissemination of their image (including, but not limited to face, voice, silhouette), as well as the name and surname of the User, in the Movie and in connection with the Movie, especially for informational, promotional, advertising or documentary purposes. The provisions of section 3.3 apply. The User acknowledges that the Recordings as a whole or the fragments thereof may be used also for promotional and advertising purposes in connection with the Movie and with the ‘Notes of Hope’ project.
  4. PERSONAL DATA
    • The User agrees to processing their personal data, provided to the Producer in accordance with the Agreement (name, surname, nick, e-mail address, telephone number, country of residence, image) for the purpose of executing the Agreement and following this Terms and Conditions. The User agrees that their personal data be transferred to third countries, i.e. countries that are not members of the European Economic Area, and in particular to the United States (where the headquarters of Facebook Inc., Vimeo, LLC and YouTube, LLC are located) and acknowledges and agrees that protection in accordance with the provisions in force in the Republic of Poland, as well as pursuing claims related to the protection of personal data provided may be difficult or impossible.
    • In compliance with Article 13 sec. 1-2 of the Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as “GDPR“), the Producer informs that:
      • the Producer is the controller of your personal data.
      • the Producent shall process personal data pursuant to Article 6 sec. 1 (a), (b), (c) and (f) of GDPR, for informational, promotional, advertising, documentary purposes related to the Movie, to execute the Agreement, for purposes related to the fulfilment of legal obligations of the Producer, for purposes related to legitimate interests of the Producer, in particular by:
        • publishing the name, surname, nick, country of residence and image in the Movie and exploit the Movie as per section 3.3. of these presents, and outside of the Movie but in connection to it, especially on the Internet (including, but not limited to, official website of the Movie and profiles or pages on social media) and in printed promotional, advertising and informational materials of the Movie;
        • for the purpose of using and processing the data in the above-mentioned manner, whereas the processing shall take place in compliance with the principles outlined in Article 5 GDPR.
      • in light of the above, the personal data may be also sent to third countries, i.e. non-member states of the European Economic Area, in particular the United States of America, where headquarters of Facebook Inc. Vimeo, LLC and YouTube, LLC are located. The protection of personal data under applicable law of the Republic of Poland and seeking of claims related to such protection of personal data may be hence difficult or impossible.
      • the Producer shall not use any personal data for the purpose of direct marketing addressed to you or make decisions in an automated manner and the data are not profiled.
      • the personal data shall be processed until the limitation period of claims related to the Agreement passes or until the date of withdrawal of the consent.
      • in compliance with GDPR, the User is entitled to access their personal data and obtain the copies thereof, rectify (correct) their personal data, demand removal, limitation of their personal data or oppose against processing of the data and file a complaint with a supervisory body.
      • the User may exercise your rights by contacting the Producent via e-mail: .
      • the provision of personal data and consent to their processing is voluntary, however, the lack of such consent may make it impossible to include the Recordings in the Movie.
      • the User may withdraw their consent to process the personal data at any time, but such withdrawal shall not affect the legitimacy of data processing, which was done lawfully before the aforesaid withdrawal.
  1. UPLOAD OF THE RECORDINGS, ACCEPTANCE OF THE TERMS AND CONDITIONS
    • The Recordings may be uploaded only via the online platform provided by the Producer accessible at: http://: www.notesofhopedoc.com
    • The Recordings may be uploaded no later than on the 30th of June, 2020.
    • The upload of the Recordings constitutes acceptance of the Terms and Conditions.
    • The date of the upload of the Recordings – as per Warsaw, Poland local time – shall be considered as the date of the User’s accession to the Agreement with the Producer. The entirety of the Agreement is governed by these Terms and Conditions.
    • The User acknowledges that the upload of the Recordings is not tantamount to the Recordings being featured in the Movie.
    • The Producer is solely responsible and authorized for the selection of the Recordings and edition thereof for the purposes of the production; no further consent from the User is needed.
    • Neither the upload of the Recordings nor the Recordings being featured in the Movie does entitle the User to any form of remuneration, fee or royalties from the Producer. All the licenses and consents as per these presents and the Agreement are given pro bono and free of any charge.
  2. LIMITATION OF LIABILITY
    • By accepting the present Terms and Conditions, the User acknowledges and agrees that the submission of the Recordings in accordance with section 5. above is at the User’s sole risk. The Producer shall not be liable for any claims against the User relating to, among others, intellectual property, image or other personal data infringements, nor for any other third-party claims against the User resulting from the upload of the Recordings.
    • The Producer disclaims any and all liability to the User for any loss or liability relating to the production of the Movie.
    • The Producer disclaims any and all liability related to the content of each of the Recordings published in the Movie. The User represents that the Recordings do not infringe any national, i.e. relevant to the User’s jurisdiction civil, criminal or administrative regulations or provisions of law.
    • The User shall indemnify and hold the Producer harmless from and against any claim, cost, liability, expense or demand suffered or incurred by the Producer resulting from a breach of any of the User’s representations as per Agreement and this Terms and Conditions.
  3. FINAL PROVISIONS
    • The Terms and Conditions as well as the enforcement thereof are applicable worldwide and are governed by the law of the Republic of Poland.
    • Any disputes resulting from the Terms and Conditions shall be resolved by a general court of local jurisdiction over the main registered seat of the Producer, i.e. Warsaw, Poland.
    • The Producer reserves the right to modify the Terms and Conditions. The changes shall not be retroactive, and the Producer will endeavour to notify the Users of any material changes to the document by making the most current version of the Terms and Conditions available at the website of the Producer, i.e. pl and the online platform provided by the Producer in order to upload the Recordings, i.e. www.notesofhopedoc.com