TERMS AND CONDITIONS OF USE
Sept 03rd, 2018
1.2. VIDEOCAMP is an online platform that promotes and offers to its users free access to audiovisual works previously selected by VIDEOCAMP. Such users, through the completion of a register, can become Exhibitors in order to make free public exhibitions of such works, which VIDEOCAMP can make viable through a link at VIDEOCAMP website that directs its users to third-party sites in which such works are available, all aimed at the dissemination of works that contribute to the meeting of interested people, who together can make socially relevant issues to circle around.
1.4. Contractual Terms Definitions:
(i) User – any individual or legal entity, under the terms of clause 1.3., who uses VIDEOCAMP platform with the purpose of accessing the features offered by the platform, including the access to the catalog of audiovisual works in this platform, being included in this catalog: the list of audiovisual works included by VIDEOCAMP, with or without review, synopsis and criticism freely prepared by VIDEOCAMP or by third parties authorized by it, as well as reviews from other Users, previously registered, or technical data, credits, trailer or the work itself (in whole or part) by means of embedded video from YouTube or Vimeo of the referred works.
1.5. VIDEOCAMP will present the audiovisual works selected by VIDEOCAMP separately or in conjunction with other works, with or without a summary, synopsis and age restriction suggestions for certain audiences (age ratings / parental advisory) indicated by the Rights Holder and critics prepared by VIDEOCAMP at its sole discretion, or by third parties authorized by VIDEOCAMP or by data related to each work, aiming at offering to its Uses the tools by which they can take notice and (at VIDEOCAMP’s discretion) assess, rank and freely criticize such works available on the VIDEOCAMP platform; the Users hereby agree that their evaluations, ratings and critics (if made available by VIDEOCAMP) may have visibility for the general public, without a time limit or territorial restriction, without VIDEOCAMP having to exercise any type of control over these reviews and critics and without being in any way held responsible for such reviews and critics, regardless of their content and the use that might be given by any third parties that can have access to them. In order for the User to assess, rank and freely criticize the works made available on the VIDEOCAMP platform, he/she must identify himself/herself by previously completing the User Register.
1.7. The Users understand that lesson plans shared by Educators at VIDEOCAMP platform are of entire responsibility of the respective Educator, who has declared to VIDEOCAMP (i) to be the holder of the patrimonial rights over the didactic material made available in his/her lesson plan or to have the corresponding permission of the rights owner to make the material available to public; and (ii) to be the author of all information inserted (such as the objectives and didactic sequence); as well as, has committed to only provide links and any type of content or material, in the form of attachments, which is owned by him/her or for which he/she is duly authorized, in accordance with the copyright law and with the present document. The User and the Educators acknowledge that VIDEOCAMP does not perform (nor did it) any previous control over the information, links and files inserted by the Educators, as well as regarding the comments and assessments made by the Users about the lesson plans.
1.8. The use modalities set forth in the clauses 1.5., 1.6. and 1.7. by a person, as a User or as an Exhibitor, are conditioned upon the correct completion of the User Register, which can be accessed through the link: http://www.videocamp.com/en/users/new.
2. User and Register:
2.1. The User states that he/she has filled all the fields of the User Register with correct, complete and reliable information, in the use modalities for which it is mandatory.
2.4. If the User Register is filled through Facebook, the User states that all the information provided to Facebook is accurate, complete and reliable, as well as entitles Facebook to share his/her name and e-mail address with VIDEOCAMP platform.
2.5. In any event, the User undertakes to update the User Register, whenever any of the information provided on the User Register undergoes any changes, within five business days from the referred change. At VIDEOCAMP’s request, at any time and for any reason, the User undertakes to send copies of the supporting documents of such information, within three business days from the date he/she receives from VIDEOCAMP an e-mail requesting such documents (so that VIDEOCAMP can come to a conclusion, within five business days, from the date the referred information and documents are received, if they are reliable and able to prove the accuracy and authenticity of the information provided on the User Register, otherwise VIDEOCAMP is entitled to automatically cancel the User Register, as well as to disable his/her access to VIDEOCAMP.
2.6. If the User wants to delete all his/her data from VIDEOCAMP’s database, he/she should make the request through the e-mail firstname.lastname@example.org.
2.6.1. If the User also wishes to remove his/her data from the databases which are under the responsibility of a certain Rights Holder, as specified in the respective Exhibition Register, such request must also be made to the respective Rights Holder through the contact data presented when such Exhibition Register was completed.
3. Users Obligations:
- pass himself/herself off as a third party;
- collaborate or in any way allow, even by omission, that third parties under the age specified in the age rating of the works made available by VIDEOCAMP have access to such works;
- disclose/broadcast/distribute, without supporting permission, works protected by Intellectual Property Rights, which are not owned by the User;
- use VIDEOCAMP platform features to spread viruses or files containing any type of viruses;
- obtain or try to obtain not-authorized access to other systems or computer networks connected to VIDEOCAMP service or platform.
3.2. Comments, reviews, posts and messages will not be allowed in the following cases:
- Containing any content which may be deemed as defamatory, libelous, slanderous, racist, sexist, homophobic content, inciting violence or any illegality;
- Containing improper, obscene or pornografic language;
- Containing election propaganda material;
- Qualified as spam;
- That have commercial purposes or belong to message chains;
- That have no relation with the context of the audiovisual work made available to assessment by VIDEOCAMP;
- Referring to piracy of any work protected by copyright law
4. Third-party content and content removal:
4.1. VIDEOCAMP is not and will not be responsible for the content of Users' comments and assessments as well as for the Educators' lesson plans on the VIDEOCAMP platform. The content of the postings is the sole and exclusive civil and criminal responsibility of the User and/or Educator, author of the post/assessment/comment/ message. The content of such postings made by Users and/or Educators is not reviewed by VIDEOCAMP and is not subject to any previous control by VIDEOCAMP.
4.2. VIDEOCAMP understands and values the importance of plurality and freedom of speech online. Accordingly, it recommends that individuals offended by the content of posts, comments, messages, lesson plans or third-party assessments seek the Special Courts, under the terms of the Article 19 of Brazilian Federal Law 12.965/2014, so that, after a specific Court Order, VIDEOCAMP removes the infringing content.
4.3. The provisions of sub-clause above (4.2) do not apply to (i) violations of copyright or (ii) violations of any rights of the personality arising from the disclosure of images, videos or other material containing private scenes of nudity or sexual acts. The victim of such violations may report directly to VIDEOCAMP, through out-of-court procedures, under the terms of the following sub-clauses.
4.4. In the event that VIDEOCAMP is notified or communicated by any third party ("complainant"), whether being a User or not, about any violations pursuant to item (ii) of sub-clause 4.3, VIDEOCAMP will, diligently, remove the access to the content. To report any violation of this type, send a notice to the email address email@example.com, with the precise location of the infringing content and with the following subject: "Urgent – Violation of Privacy - Nudity".
4.5. In the event that VIDEOCAMP is notified or communicated by any third party ("complainant") about the occurrence of violations pursuant to item (i) of sub-clause 4.3, VIDEOCAMP will preventively remove the respective work from its platform (as well as eventual post/review/assessment/comment/message/lesson plan of the User and/or Educator regarding such work), within 24 hours, until, in good faith, but at its discretion, VIDEOCAMP can assess the veracity of the complainant’s claims. VIDEOCAMP will then send a written notice to such third party, providing the full name and e-mail of the Rights Holder of the referred work. In addition, VIDEOCAMP will send a written notice to the Rights Holder s email notifying him/her about such third party notification or communication and giving the Rights Holder a period of three business days, from the date such email has been sent, so that the Rights Holder sends to VIDEOCAMP’s head office a full copy of the contracts that prove that the Rights Holder holds all the required rights to grant to VIDEOCAMP the License for use of the work specified in the Rights Holder’s and Work’s Register; otherwise, VIDEOCAMP will be entitled to permanently, automatically and at any time remove the Rights Holder and its respective works from the VIDEOCAMP platform (as well as eventual post/assessment/comment/message of the User regarding such work). In the event of loss of any kind for VIDEOCAMP, the Rights Holder must reimburse VIDEOCAMP in full and immediately for such losses, otherwise VIDEOCAMP will have the right to order redress from the Rights Holder due to such damages.
4.6. In the event the Rights Holder sends the supporting documents referred to in the item above to VIDEOCAMP, within the specified period, VIDEOCAMP shall analyze the referred contracts, within five business days, and decide, at its reasonable discretion, if the Rights Holder holds all the required rights over the License of the work(s) specified in the Rights Holder’s and Work’s Register. If VIDEOCAMP understands that the Rights Holder does not hold, in full or in part, the referred rights; if VIDEOCAMP has reasonable doubts as to the authenticity of such documents or if it understands that the irregularity alleged by a third party arises from a certain or probable violation of any attributes of the personality of one or more persons or other third party’s rights, then VIDEOCAMP is entitled to remove permanently, automatically and at any time the work(s) specified in the Rights Holder’s and Work’s Register, whose required rights do not fully belong to the Rights Holder, or to remove the Rights Holder itself from the VIDEOCAMP platform (as well as eventual post/assessment/comment/message of the User regarding such work). In the event of loss of any kind for VIDEOCAMP, the Rights Holder must reimburse VIDEOCAMP in full and immediately for such losses, otherwise VIDEOCAMP will have the right to order redress from the Rights Holder due to such damages.
4.7. The procedure described in clauses 4.5. and 4.6. above applies, as the case may be, to copyright violations by Educators in the lesson plans.
5.2. In order to become an Exhibitor, the previously registered User must fill in and send to VIDEOCAMP a request for public exhibition by each audiovisual work made publicly available by VIDEOCAMP, duly filled in, containing the data of the intended place for each public exhibition, the estimated number and maximum number of viewers, the location, date and time of the exhibition; such request will be hereinafter called the Exhibition Register. After such request has been duly completed and sent to VIDEOCAMP, the User will receive an e-mail in which VIDEOCAMP will confirm the receipt of such request.
5.4. The authorization of VIDEOCAMP for public exhibition of the work specified in the Exhibition Register will be available in the Exhibitor profile through the button My Exhibitions. At the referred page, it will be possible to follow the entire Exhibition Flow, including access to the movie link, which is authorized 72 (seventy two) hours before the date of the exhibition through a password generated by the VIDEOCAMP system.
5.5. Depending on the extension of the License granted by the Rights Holder, with its express authorization to make available a work by each download, the Exhibitor will be entitled to download the work authorized by VIDEOCAMP to perform its exhibition from the stored copy, that is, by any procedure off-line, in exhibitions directed to locations with difficult access to the Internet. In such cases, the Exhibitor undertakes to use such copy only within the scope of the authorization granted by VIDEOCAMP, under the terms of sub-clauses 3.2. and 3.3, and shall destroy and/or delete the copy created immediately after its exhibition, being prohibited from making any other use of the download of such work, other than to perform said exhibition.
5.6. The Exhibitor may receive donations and sponsorships to enable the exhibition session of the authorized work, but may not associate the content of the authorized work with the sponsor and/or donor, without the prior and express authorization of the Rights Holder (for example, the phrase: "[BRAND] supports this cause").
5.7. In case of donation and/or sponsorship, as provided for in clause 5.6 above, Exhibitor agrees to include in the communication of the event that VIDEOCAMP is a platform, not the producer or sponsor of the event. VIDEOCAMP suggests the inclusion of the following notice: "This event, sponsored by (BRAND), is a production of (EXHIBITOR), using the VIDEOCAMP platform".
5.8. The Exhibitor undertakes, whenever possible, to promote a debate, after the exhibition, on the subject addressed in the exhibited work.
5.9. The Exhibitor undertakes to send to VIDEOCAMP, after the exhibition of the authorized work, the Exhibition Report, containing the precise number of individuals who attended and at least one photograph of the exhibition audience (the photos will hereinafter be called Disclosure Material). The Exhibitor undertakes to obtain and file, without a time limit, specific authorizations/licenses of all those whose image, voice or any other attribute of the personality is captured in the Disclosure Material sent to VIDEOCAMP, as well as of its photographer(s), so that they can be freely used by VIDEOCAMP in its sites and pages or profiles in social networks (and may be shared by third parties), always in the context of the release and promotion of VIDEOCAMP, during the entire period of copyright protection of the Disclosure Material, without limitation of territories. Regardless of such licenses, the Exhibitor is obliged to post, take photos (with date) and include in the Disclosure Material a poster that can be read from afar, in a prominent position, at the place of exhibition of the work, so that all viewers can view and read it, containing the phrase: "this session will be photographed and the pictures we take may be used at any time by VIDEOCAMP to disclose and promote VIDEOCAMP on its own sites and on social networks (where they may be shared by third parties)". This picture will be part of the Disclosure Material.
5.10. The Exhibitor declares:
- To be aware that he/she is not allowed to charging for tickets or as for any other kind of obligatory compensation to the exhibition of the work authorized by VIDEOCAMP; the exhibitions must be totally free of charge;
- To be aware that he/she is not allowed to use the work authorized by VIDEOCAMP, nor its exhibition, to promote or divulge trademarks and other distinctive elements, services or products, whether if they own them or if they are from third parties;
- To be aware that his/her name, e-mail address and data provided in the Exhibition Register will be shared with the respective Rights Holder and that such Rights Holder will be solely responsible for the safekeeping, storage and use of the data received by him/her (VIDEOCAMP does not have any responsibility for the use of such data by the Rights Holder, so that the relationship occurs directly between the Exhibitor and such Rights Holder);
- To acknowledge that the Rights Holder has committed before VIDEOCAMP that he/she would use the Exhibition and Exhibitor data in the Exhibition Register, only in the form of item 8.3 below, especially for purposes of contacting the Exhibitor to communicate about the release of new audiovisual works, supervision or obtaining details of the Exhibition; the use for any other purposes must be in accordance with the provisions of the paragraph above;
- That such exhibition will not take place in any of the places expressly excluded by the Rights Holder in the Rights Holder’s and Work’s Register and informed in the Exhibition Register (when the work to be exhibited is specified);
- Be aware that he/she may only request exhibitions for audiovisual works if its Rights Holders have authorized the public exhibition of such works, if they have received an email from VIDEOCAMP formalizing such authorization and if the details for the exhibition performance is available on his/her personal profile at VIDEOCAMP through the button 'My Exhibitions' and also have been formalized by email;
- To be aware that he/she will only be entitled to perform the public exhibition of the Work after receiving the authorization from VIDEOCAMP, in accordance with Clause 5.4 above;
- That he/she will comply with the directions of the Exhibition Register (when specified the work to be exhibited), containing information directed to the Exhibitor about which authorized uses by the Rights Holder by granting the License for use of the work specified in the Rights Holder’s and Work’s Register to VIDEOCAMP, before the work start; and that he/she agrees with the fact that the work required for exhibition might not be hosted at VIDEOCAMP website, but at any third-parties’ websites, previously informed by VIDEOCAMP, in which case: (i) the use of the features in VIDEOCAMP platform related to the referred work will require the Exhibitor's free and fair access to the contracts and conditions of said websites (of which VIDEOCAMP is not a party and for which it can’t be held liable); and (ii) VIDEOCAMP will provide a link to such work, but in which it can’t be held responsible in any way for the temporary failure of such third party websites to make the respective work available at the time of its public exhibition.
- To be aware that he/she is responsible for ensuring that the public attending the exhibitions meets the age ratings of each work exhibited;
5.11. The Exhibitor understands that is his/her solely liability to comply with the requirements of the competent authorities for the Exhibition performance, including requirements of age ratings and the payment provided by law resulting from the public execution of musical or literary-musical works to collective collecting associations, such as ECAD.
6. Liability, applicable law and jurisdiction
6.1. In the event that the Exhibitor is held liable or prosecuted, whether judicially or extra-judicially by any third party, as a result of alleged violation of rights directly or indirectly related to the exhibition of a work(s) from VIDEOCAMP works catalog, the Exhibitor undertakes to take actions in order to settle, directly and at its own expense, such disputes, whether they are pecuniary duties, covenants or restrictive covenants, taking all the measures for the solution of the respective problem, under penalty of duty to compensate VIDEOCAMP for any damages to the latter or to its users, including attorney's fees, reasonable court costs, judicial or extrajudicial agreements. In the event of lawsuits against VIDEOCAMP, its successors and assignees, VIDEOCAMP, at its discretion, can present its own defense directly, in which case the Exhibitor must indemnify VIDEOCAMP, its successors and/or assignees for all legal costs incurred by virtue of such actions, as well as the costs related to agreements or any amounts paid to terminate such matters, provided that, in the event of settlements, these, at the discretion of VIDEOCAMP, may be negotiated jointly by the Exhibitor and VIDEOCAMP.
6.3. VIDEOCAMP reserves the right to, at any time, cease to offer the VIDEOCAMP tool and, in this case, (a) unilaterally and immediately revoke the exhibition authorization of the work(s) in the VIDEOCAMP catalog; such decision will not be considered as damage or loss to the User/Exhibitor, being certain that VIDEOCAMP shall notify him/her, 24 hours in advance, if it decides to discontinue the tool at any time; (b) remove any data related to the User from its servers, however, not committing for any data stored by third parties that operate platforms integrated with VIDEOCAMP as properly marked (for example: comment platform, video delivery platforms, etc.), as well as data stored by the Rights Holders on account of the Rights Holder’s and Work’s Register, which shall comply with item 2.6.1 above. VIDEOCAMP shall not be liable for any expenses incurred by the User and/or Exhibitor prior to the Exhibition, should it fails to occur on account of the termination of the activities of the VIDEOCAMP platform
7. Communications and General Provisions
7.1. All communications and notices to the User and/or Exhibitor will be made through the e-mail firstname.lastname@example.org or, at VIDEOCAMP’s discretion, by correspondence with proof of shipping to the address specified in the User’s Register.
7.2. All communications and notices to VIDEOCAMP will be made via e-mails sent by the User and/or Exhibitor to “email@example.com”, detailing the subject and sending the same e-mail message to the “Management Team of VIDEOCAMP Platform”
8.2. VIDEOCAMP USES THE TOOLS Google Analytics and New Relic FOR STATISTICAL UNDERSTANDING OF THE USE OF THE PLATFORM. NO DATA COLLECTED BY THESE TOOLS IS ASSOCIATED WITH ANY USER IDENTIFICATION DATA (e.g. IP ADDRESS, IDENTIFICATION DATA PROVIDED ETC.).
8.3. THE EXHIBITOR EXPRESSLY AGREES: (i) THAT ITS NAME OR CORPORATE NAME, AND ITS CONTACT DETAILS, DISCLOSURE MATERIAL AND THE DATA ON ITS EXHIBITION (DATE, TIME, PLACE, PHOTO ETC) WILL BE MADE AVAILABLE BY VIDEOCAMP TO THE RIGHTS HOLDER OF THE WORK(S) USED BY THE EXHIBITOR IN ITS EXHIBITIONS; AND (ii) THAT THE DISCLOSURE MATERIAL AND DATA ON ITS EXHIBITION (DATE, TIME, LOCAL, PHOTO ETC) MAY BE DISCLOSED ON THE WEB SITES, MAILINGS OR NETWORKS OF VIDEOCAMP OR OF ITS PARTNERS FOR THE PROMOTION AND DISCLOSURE OF THE EXHIBITION OR VIDEOCAMP PLATFORM.
8.4. USER AND EXHIBITOR EXPRESSLY AGREE THAT THEIR NAME OR CORPORATE NAME AND ITS CONTACT DETAILS CAN BE USED BY VIDEOCAMP TO SEND NOTICES ABOUT NEW THIRD-PARTIES WORKS AVAILABLE AT VIDEOCAMP, ABOUT NEW SERVICES OR OPPORTUNITIES AVAILABLE BY VIDEOCAMP OR ABOUT EVENTS AND ACTIVITIES CARRIED OUT BY VIDEOCAMP OR ITS PARTNERS.
8.5. VIDEOCAMP UNDERSTANDS THE IMPORTANCE OF PRESERVING THE PRIVACY, HONOR AND IMAGES OF THE PARTIES DIRECTLY OR INDIRECTLY INVOLVED IN THE PLATFORM ACTIVITIES. THEREFORE, VIDEOCAMP HEREBY ADOPTS THE FOLLOWING MEASURES AND SECURITY PROCEDURES IN RELATION TO THE DATA COLLECTED:
- PERIODIC UPDATE OF THE SITE SERVERS AND APPLICATIONS;
- USE OF TECHNICAL SOLUTION PROVIDERS INTERNATIONALY RECOGNIZED FOR THE PURPOSES OF DATA HOSTING (IN THE PRESENT DATE, The Amazon Web Services, Inc);
- USER ACCESS PASSWORD CRYPTOGRAPHY; AND
- MULTILEVEL ACCESS CONTROL.