Version of 7th of June, 2017
1.2. VIDEOCAMP is an online platform aimed at providing Users with the free-of-charge announcement and availability of audiovisual works previously selected by VIDEOCAMP. The aforementioned users can, through a registration, become Exhibitors, in order to perform public exhibitions of these works, which VIDEOCAMP will be enabled to provide through a link on VIDEOCAMP´s website directing its users onto a third party´s website where these works are available, all of this being aimed at disseminating works which can contribute for gathering people interested in and capable of collectively move socially relevant topics. Alternatively, in case of the express request by the Rights Holder and of the agreement by VIDEOCAMP (please check TERMS FOR WORK LICENSE) and through an authorization by VIDEOCAMP for the availability of the aforementioned works solely for announcing on the VIDEOCAMP´s website that they are available on third parties´ websites previously informed by the corresponding right holders, then VIDEOCAMP will be a platform aimed at announcing audiovisual works.
(i) User – any private individual or legal entity, under item 1.3, using VIDEOCAMP platform for accessing to the functionalities provided by the platform, including the access to the catalogue of audiovisual works on this platform, which encompasses: the list of audiovisual works included by VIDEOCAMP, added or not by a review or synopsis, freely created by VIDEOCAMP or its authorized third parties, as well as by other Users´ evaluations, previously registered, or technical data, credits, trailer or the work itself (partial or full) through a video embedded onto YouTube or Vimeo of these works.
(iv) Educator – User and/or Exhibitor, who drafts an interactive lesson plan onto the platform, with a theme related to audiovisual work(s), which can be public or private, under his or her exclusive criteria.
1.5. VIDEOCAMP will present audiovisual works selected by VIDEOCAMP, either singly or collectively, added or not by a review, synopsis, or age rating provided by the Rights Holder and a review freely drafted by VIDEOCAMP or by third parties authorized by it or still by data related to each piece of work, aimed at providing its Users with tools for these Users themselves know and (under VIDEOCAMP´s criteria) evaluate, rank and freely review the aforementioned works available on VIDEOCAMP platform, being understood by the Users that their evaluations, rankings and reviews (if provided by VIDEOCAMP) can be viewed for an overall audience, with VIDEOCAMP not having any control over these evaluations, rankings and reviews and with VIDEOCAMP not being liable by any means for the aforementioned evaluations and reviews, regardless of their content. In order to evaluate, rank and freely review the works available on the VIDEOCAMP platform, the User must previously complete the User Registration.
1.7. If the Educator wishes to share his or her lesson plan (as a support teaching material mentioning one or more works within VIDEOCAMP work catalogue) through the VIDEOCAMP platform, he or she states to (i) either hold the proprietary rights over the teaching material provided on the correspondent lesson plan or to have the corresponding authorization by its holder for providing it for the audience; and (ii) be the author of all inserted information (such as goals and teaching sequence); and still commits to only provide links or any type of content and material, in attached forms, of which he or she is the actual holder or holds the adequate authorization, in compliance with the governing copyright law. VIDEOCAMP makes no previous control over pieces of information, links and files inserted by Educators, in addition to comments and evaluations by Users on lesson plans. Upon registering a lesson plan, the Educator authorizes, at no cost, freely and non-exclusively, that VIDEOCAMP provide and communicate the plan to any User, registered or not, of the VIDEOCAMP platform, with no time limitation, except in the event that the Educator assigns the correspondent lesson plan as “private.”.
1.8. The User states to acknowledge that the links for third parties’ websites referred on the field “Let’s go together”, available on the page of each title of VIDEOCAMP’s catalogue are provided by Right Holders of the correspondent audiovisual works. VIDEOCAMP makes no previous control over information inserted on that field, such as links for fundraising campaigns, especially under crowdfunding, links for donations to non-profit entities whose themes are related to the cause defended on the audiovisual work, links referring to the online availability of each title, among others. VIDEOCAMP holds no liability for any problems or difficulties which the User comes to face on third parties’ websites. The User is advised to cautiously verify the terms and conditions on third parties’ websites prior to performing any contribution or purchase.
1.9 The categories of use mentioned in clauses 1.5., 1.6. an 1.7. by an individual, either as a User or as an Exhibitor, assume the correct filling of the User Registration, which can be accessed on the link: http://www.videocamp.com/en/users/new.
2. User and Registration:
2.1. The User states to have filled all the fields on the User Registration with exact, complete and faithful information for the categories of use in which this registration is mandatory.
2.4. If the User Registration is filled by an interface with Facebook, the User states that all information provided to Facebook is exact, complete and faithful, in addition to authorizing Facebook to perform the transfer of his or her personal data to the VIDEOCAMP platform.
2.5. In any event, the User must update the User Registration whenever any piece of information specified on his or her User Registration is changed. In the event of request by VIDEOCAMP, at any time and for any reason, the User must send copies proving all this information within three working days from the date when he or she receives an e-mail from VIDEOCAMP requesting the submission of the aforementioned documents (so that VIDEOCAMP can determine, under its own reasonable criteria, within five working days from the receipt of the aforementioned information and documents, whether the aforementioned information and documents are faithful and able to prove the accuracy and authenticity of information on the User Registration, otherwise being VIDEOCAMP entitled to automatically cancel the User Registration and to terminate his or her access to VIDEOCAMP).
3. User´s Obligations:
- Not to impersonate third parties;
- To neither cooperate nor permit, even by omission, that third parties younger than the age rating of the works provided by VIDEOCAMP be able to access the aforementioned works;
- Not to announce/transmit/distribute, without evidentiary authorization, materials protected by Intellectual Property Rights which are not fully owned by the User himself/herself;
- Not to use VIDEOCAMP platform´s functionalities for transmitting viruses or files containing any type of viruses;
- To neither obtain nor try to obtain unauthorized access to other computer systems or networks connected to VIDEOCAMP service or platform.
3.2. The following comments, ratings, postings and messages are forbidden:
- With defamation, injurious falsehood, slander, sexism, homophobia, violence inducement or any other illegality;
- Containing inadequate, obscene or pornographic language;
- Containing campaign advertising;
- Qualified as spamming;
- Business-aimed or belonging to competitors;
- Unrelated to the context of the audiovisual work provided by VIDEOCAMP for evaluation; or
- Related to piracy or any other work protected by copyright laws.
4. Content generated by third parties and removal of content:
4.1. VIDEOCAMP is not and will not be liable for the contents of comments and ratings by Users including lesson plans provided by Educators on VIDEOCAMP platform. The civil and criminal liability for the content of postings impends solely on the User and/or Educator, who is the author of the posting/rating/comment/message. The content of the aforementioned postings performed by the Users and/or Educator is neither revised by VIDEOCAMP nor is subject to any previous control by VIDEOCAMP.
4.2. VIDEOCAMP acknowledges and values the importance of both plurality and freedom of speech on the network. Thus, it recommends that individuals offended by the content of postings, comments, messages or ratings by third parties seek Brazilian Special Courts (Juizados Especiais), in compliance with Art. 19, from the Brazilian Civil Rights Framework for the Internet (Marco Civil da Internet), in order to VIDEOCAMP remove the offending content after a specific injunction.
4.3. The provision on the sub-clause above (4.2.) does not apply (i) to offenses to copyrights and (ii) to violations to personal rights stemming from the unauthorized announcement of images, videos or other materials containing private scenes of nudity or sexual intercourse. The victim of the aforementioned violations can directly report to VIDEOCAMP, out of courts and in accordance with the following sub-clauses.
4.4. If VIDEOCAMP is either notified or communicated by any third party (“complainant”), being the latter a User or not, on violations to the terms of the item (ii) on the sub-clause 4.3, VIDEOCAMP will diligently, within its technical limitations, disable this content. In order to report any violation of this type, submit a report to the e-mail address email@example.com, with the accurate location of the offensive content and with the following subject: “Urgent – Privacy Violation – Nudity” (“Urgente – Violação de Intimidade – Nudez”).
4.5. If VIDEOCAMP is either notified or communicated by any third party (“complainant”) on violations to the terms of the item (i) on the sub-clause 4.4, VIDEOCAMP will preventively remove the corresponding work from its platform (as well as any eventual posting/rating/comment/message/lesson plan from the User and/or Educator concerning the aforementioned work), within 24 hours, until having, in bona fide, but on its own criteria, enough time to evaluate the authenticity of the complainant´s claims. VIDEOCAMP will then send a written piece of communication to the aforementioned third party, informing the Rights Holder´s full name and e-mail address. Furthermore, VIDEOCAMP will directly e-mail the Rights Holder, notifying him or her on the notice and providing the Rights Holder with a three-working-day term, from the submission of the aforementioned e-mail, for the Rights Holder submit to VIDEOCAMP´s headquarter a full copy of agreements proving that the Rights Holder owns all the rights necessary to bestow the License of the work(s) specified on the Registration of Holder and Work; otherwise VIDEOCAMP will be able to remove definitively, automatically, and at any time the Rights Holder and the corresponding work(s) from the VIDEOCAMP platform. In the event of any loss impeding on VIDEOCAMP, the Rights Holder shall fully and immediately compensate VIDEOCAMP for those losses, otherwise being VIDEOCAMP entitled to the right to redress the Rights Holder for the aforementioned losses.
4.6. If the Rights Holder submits the evidentiary document mentioned on the previous item to VIDEOCAMP within the specified term, VIDEOCAMP will have five working days to analyze the aforementioned documents and determine, under its own reasonable criteria, if all the rights necessary to the License of the work(s) specified on the Registration of Holder and Work are actually owned by the Rights Holder. If VIDEOCAMP confirms that the aforementioned rights do not belong, either partially or totally, to the Rights Holder, or if reasonably suspects on the authenticity of the aforementioned documents, or if determines that the irregularity claimed by the third party stems from certain or feasible violation to the rights of one or more individuals or third parties, VIDEOCAMP will then be able to remove from its platform definitively, automatically and at any time not only the work(s) specified on the Registration of Holder and Work, whose necessary rights are not fully owned by the Rights Holder, but also the Rights Holder himself or herself (in addition to eventual posting/evaluation/comment/message by the User on the aforementioned work). In the event of any loss impeding on VIDEOCAMP, the Rights Holder shall fully and immediately compensate VIDEOCAMP for those losses, otherwise being VIDEOCAMP entitled to the right to redress the Rights Holder for the aforementioned losses.
5.2. In order to become an Exhibitor, the previously registered User must fill and send to VIDEOCAMP a request for public exhibition of audiovisual work available for public exhibition to VIDEOCAMP, duly filled, containing the data of the intended venue for each exhibition, namely the expected and maximum figure of viewers, the venue, date and estimated time of the exhibition, being this request hitherto referred as Exhibition Registration. Having the aforementioned request been duly filled and submitted to VIDEOCAMP, the User shall receive and e-mail in which VIDEOCAMP shall confirm the receipt of the aforementioned request.
5.4. The authorization by VIDEOCAMP for the public exhibition of the work specified on the Exhibition Registration shall be formalized through an e-mail sent to the Exhibitor confirming the availability of the requested work, in addition to a link directing to a page where the password generated by the VIDEOCAMP system will be available 48 (forty-eight) hours prior to the exhibition of the authorized work.
5.5. Depending upon the scope of the License bestowed by the Rights Holder, with the latter´s explicit authorization for downloading the work, the Exhibitor will be able to download the authorized work through VIDEOCAMP in order to perform its exhibition from the stored copy, i.e., through any offline procedure, in exhibitions targeted to audiences with difficulties in accessing the internet. In the aforementioned cases, the Exhibitor agrees to use the mentioned copy solely within the range of the authorization granted by VIDEOCAMP, in accordance with the sub-clauses 3.2. and 3.3., having the created copy to be destroyed and or deleted immediately after its exhibition and not being authorized any other use of the download of the work than for performing the aforementioned exhibition.
5.6. The Exhibitor may receive donations and sponsorships to support the screening of the authorized work, but may not associate the authorized work’s content with the sponsor and/or donor without previous expressed written consent from the Rights Holder (for example, the phrase: “the [BRAND] supports this cause”).
5.7. In case of donation and/or sponsorship, as stated in clause 5.6 above, the Exhibitor commits to including in the event’s communications that VIDEOCAMP is a platform, and not the organizer or sponsor of the event. VIDEOCAMP suggests the inclusion of the following statement: “This event, sponsored by [BRAND], is a production of [EXHIBITOR], utilizing the VIDEOCAMP platform.”
5.8. The Exhibitor commits to, whenever possible, conduct a debate, after the screening, on the issue covered by the exhibited work.
5.9. The Exhibitor agrees to forward to VIDEOCAMP, promptly after the exhibition of the authorized work, the Exhibition Report, containing the accurate figure of attendant people and at least one photograph of the exhibition (the photographs will be henceforth Advertising Material). The Exhibitor agrees to obtain and record, with no time restriction, specific licenses from all the individuals whose image, voice recording or any other private rights are captured into the Advertising Material submitted to VIDEOCAMP, including those belonging to the corresponding photographer(s), so that they can be freely used by VIDEOCAMP on its websites and pages or profiles on social networks (which can be shared by third parties), always within the context of announcing and promoting VIDEOCAMP, within the whole period of copyrighting of the Advertising Material, with no territorial limitation. Regardless of these Licenses, the Exhibitor agrees to physically post and photograph (with date) and include into the Advertising Material a posted banner which can be read from a distance, in a standing-out position on the venue of the exhibition of the work, so that all the viewers can both see and read it, with the sentence: “this session will be photographed, and the pictures that we take may be used at any time by VIDEOCAMP to announce and promote VIDEOCAMP on its own websites and social networks (and can be shared by third parties)”. This photograph will be part of the Advertising Material.
5.10. The Exhibitor states:
- To be aware of the fact that no admission tickets can be charged nor can be other compulsory counterpart for exhibiting the work authorized by VIDEOCAMP, having the session to be totally free of charge;
- To be aware that he or she shall not use the work whose authorization has been bestowed by VIDEOCAMP, including its exhibition, for promoting or announcing by any means brands and additional distinguishing elements, own and third parties’ services or products;
- That the aforementioned will not happen in any of the locations explicitly excluded by the Rights Holder on the Registration of Holder and Work and informed on the Exhibition Registration (when the work to be exhibited is specified);
- To be aware of the fact that he or she can solely request exhibitions of audiovisual works if the latter´s holders have authorized the public exhibition of the aforementioned work and if they have received an e-mail from VIDEOCAMP formalizing the aforementioned authorization;
- To be aware that they can only hold a public screening of the Work after authorization by VIDEOCAMP, following the terms of Clause 5.4 above;
- To be aware of the fact that he or she cannot use the videos embedded on YouTube or on Vimeo to perform the public exhibition, being the aforementioned videos solely oriented for private viewing;
- To comply with the guiding contained the Exhibition Registration (when the work to be exhibited is specified), with information to the Exhibitor on the uses authorized by the Rights Holder when bestowing the License of use of the work specified on the Registration of Holder and Work to VIDEOCAMP, before the beginning of the work; and to comply with the fact that the work requested for Exhibition might not be hosted on VIDEOCAMP´s own website, but on any other third parties´ websites previously informed by VIDEOCAMP, hypothesis in which: (i) the use of the VIDEOCAMP platform´s functionalities related to that work shall assume the free and proper joining by the Exhibitor to the agreements and conditions on the aforementioned websites (of which VIDEOCAMP is neither a part nor liable for); and (ii) VIDEOCAMP will provide a link for the aforementioned work, but will not be absolutely liable for temporary failures of the aforementioned websites in the provision of the corresponding work during its public exhibition.
- To be aware of their responsibility to guarantee that the attending public follows the age rating for each of the exhibited works;
5.11. The Exhibitor understands to be fully liable for complying with demands by the competent authorities for performing the exhibition, including demands concerning age rating and legal payments for the public exhibition of musical or literary-musical pieces to collective associations, such as the Brazilian ECAD.
6. Liability, governing law and jurisdiction
6.1. If the Exhibitor is deemed as liable or prosecuted, either in or out of courts, by any third parties, as a result of an alleged offense directly or indirectly related to the exhibition of a work within VIDEOCAMP´s catalogue, then the Exhibitor agrees to act in order to resolve, directly and including correspondent expense, the aforementioned pending issues, either they are related to paying, doing or not doing something, and adopting, for that, all the measures necessary to solving the problem, otherwise, in not doing so, compensating VIDEOCAMP for any damage impending on VIDEOCAMP and its users, including attorney´s fees, reasonable legal costs, and overall agreements. In the event of lawsuits against VIDEOCAMP, its successors and/or assigns, VIDEOCAMP can freely opt for its own direct legal defense, being the Exhibitor liable for compensating VIDEOCAMP, its successors and/or assigns for all legal costs stemming from these lawsuits, the same being applied to agreements and other amounts paid to terminate these issues, being that, in the event of agreements, these can be collectively negotiated with VIDEOCAMP, under the latter´s criteria.
6.3. VIDEOCAMP reserves the right to, at any time, cease to provide the VIDEOCAMP tool and, in this case, to unilaterally and immediately revoke the authorization for exhibiting and commenting works on VIDEOCAMP´s catalogue, with this meaning no damage or loss to the User and/or Exhibitor, who should notwithstanding be notified, within 24 (twenty-four) hours, by VIDEOCAMP if the latter decides to cease to provide the tool at any time. VIDEOCAMP is not liable for any costs incurred by the User and/or Exhibitor prior to the Exhibition if the exhibition does not occur due to the termination of activities on VIDEOCAMP platform.
7. Overall Communications and Provisions
7.1. All the communications and notifications to the User and/or Exhibitor shall be performed by the e-mail address firstname.lastname@example.org or, under VIDEOCAMP´s criteria, by correspondence demonstrably sent to the address specified on the User Registration.
7.2. All the communications and notifications to VIDEOCAMP shall be performed through the submission of an e-mail by the User and/or Exhibitor to “email@example.com”, by specifying as the subject and by submitting the aforementioned message to the “VIDEOCAMP Platform Management Team” (“Time de Gestão da Plataforma VIDEOCAMP”).
8.2. THE COLLECTED DATA SHALL BE STORED AND USED BY VIDEOCAMP SOLELY FOR MAINTANING THE PLATFORM´S ACTIVITIES.
8.3. THE Exhibitor explicitly agrees that: (i) his or her own name or company name, as well as the corresponding information on contact, the advertising material and data pertaining its exhibition (date, time, location, photo, etc) can be provided by VIDEOCAMP to the rights holder used on its exhibition; AND (ii) the advertising material and data pertaining its exhibition (date, time, location, photo, etc) can be announced on Websites, mailings or social networks, either VIDEOCAMP´s or its partners´, for promoting and announcing the exhibition or the VIDEOCAMP platform.
8.4. THE USER AND THE EXHIBITOR BOTH EXPLICTLY agree that their own names or company names, as well as the corresponding information on contact can be used by VIDEOCAMP for sending releases on new third parties´ works available on VIDEOCAMP regarding new services or opportunities provided by VIDEOCAMP or its partners.
8.5. VIDEOCAMP understands the importance of protecting the right to privacy, private life, dignity and image of the parties directly or indirectly involved in the platform´s activities, by thus adopting the following safety and privacy measures and procedures regarding the collected data:
- regular updating of the website´s servers and applications;
- encryption of the user´s access password; and
- multi-level control of access.