European Film Academy Productions

Terms of Service for presenting Vimeo Staff Picks

This Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between European Film Academy Productions gGmbH, Stralauer Allee 2A, 10245 Berlin, Germany (“Academy Productions”, “we”, “us”, or “our”) and you, the content creator (“you” or “your”).

1. Acceptance

1.1.      By submitting content to us, you accept this Agreement and consent to contract with us electronically.

1.2.      If you are an entity other than a natural person, the person who accepts this Agreement must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

2. Use of your content

2.1.      For clarity, “content” means all videos, images, text, and other content submitted by you to us for inclusion on the website of the European Film Awards.

2.2.      Academy Productions shall therefore have the right to embed your content using Vimeo’s embeddable video player on the website of the European Film Awards; and to use all related functionality that Vimeo may provide.

2.3. Licenses Granted by You

As between you and Academy Productions, you own and will retain ownership of all intellectual property rights in and to the content. In order to allow Academy Productions to stream your content using Vimeo’s embeddable video player, you grant Academy Productions the permissions set forth below.

• to stream the video to end users;
• to embed the video on Academy Productions’s websites;
• to generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one);
• to automatically generate and display summaries, chapters, closed captions, and subtitles from your video;
  The license period begins with your acceptance of these terms and ends when you or we delete the content; provided that Academy Productions may retain archival copies when the content is the subject of a takedown notice or other legal claim or when Academy Productions in good faith believes that it is legally obligated to do so.
  All licenses granted by you in this Section (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have.
  Nothing in this Agreement shall be deemed a license “condition” applicable to Academy Productions; rather, any breach of a term by Academy Productions hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).

3. Acceptable Use Policy

3.1. You must ensure that your content complies with the Acceptable Use Policy set forth in this Section 3.

3.2. Academy Productions may (but is not obligated to) monitor your content, and conduct, regardless of your privacy settings. Academy Productions may remove or limit access or availability to any content that it considers in good faith to violate this Acceptable Use Policy. If you see any content you believe does not comply with this Agreement, including by violating this Section 3 or the law, you can report it to us.

3.3. Content Restrictions

You may not submit any content that:

• Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
• Is sexually explicit or promotes a sexual service;
• Is defamatory;
• Is harassing or abusive;
• Contains hateful or discriminatory speech;
• Promotes or supports terror or hate groups;
• Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
• Exploits or endangers minors;
• Depicts or encourages self-harm or suicide;
• Depicts (1) unlawful real-world acts of extreme violence, (2) vivid, realistic, or particularly graphic acts of violence and brutality, (3) sexualized violence, including rape, torture, abuse, and humiliation, or (4) animal cruelty or extreme violence towards animals;
• Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
• Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause individual or public harm;
• Contains false or misleading information about voting or seeks to obstruct voting;
• Contains (1) claims that a real-world tragedy did not occur; (2) false claims that a violent crime or catastrophe has occurred; or (3) false or misleading information (including fake news, deepfakes, propaganda, or unproven or debunked conspiracy theories) that creates a serious risk of material harm to a person, group, or the general public; or
• Violates any applicable law.

3.4. Code of Conduct

you may not:

• Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
• Act in a deceptive manner or impersonate any person or organization;
• Harass or stalk any person;
• Harm or exploit minors;
• Distribute “spam” in any form or use misleading metadata;
• Collect personal information about others without their authorization;
• Engage in any unlawful activity;
• Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; or
• Cause or encourage others to do any of the above.

4. Your Obligations

4.1 Representations and Warranties

For each piece of content that you submit to us, you represent and warrant to Academy Productions that:

• You have the right to submit the content to us and grant the licenses herein to Academy Productions;
• Academy Productions will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
• You have obtained appropriate releases (if necessary) from all persons who appear in the content;
• The content does not, and will not, infringe any third party’s rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
• The content complies with this Agreement and all applicable laws.

4.2 Indemnification

You will indemnify, defend, and hold harmless Academy Productions and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.

5. Term and Termination

This Agreement shall become effective with your acceptance of these terms and will continue as long as you make your content available to us (“Term”).

6. Choice of Law and General Provisions

6.1. Choice of Law: Any dispute arising out of or relating to this Agreement or your use of our Services will be governed by the laws of Germany without regard to principles of conflicts of law.

6.2 Relationship: These Terms of Service do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Academy Productions. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign or transfer this Agreement or your rights under these Terms of Service, in whole or in part, by operation of law or otherwise, without our prior written consent; any such assignment will be void. We may assign these Terms, or any of our rights and obligations under the Terms, at any time without consent. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.

6.3 Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by our authorized representatives. If you have a signed agreement with Academy Productions, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.

6.4. Severability Clause: The possible invalidity or ineffectiveness of one of the provisions of this agreement does not affect the validity of the remainder of this agreement. The invalid or ineffective provision shall be substituted by an effective provision which comes as close as possible to the original economic purpose intended.