Terms & Conditions and Presentation Agreement: (For Full Length Content)
SFN embeds content hosted on Vimeo, YouTube, or any compatible video hosting service, in order to offer free public access to stream content made by Santa Fe media makers or projects filmed in the Santa Fe, NM area.
By submitting your Media Project to the Santa Fe Network (“SFN”), you indicate your express representation and warranty that you are the rights holder of the Media Project; you have full authority to submit the Media Project; the Media Project is wholly original: all rights, materials and music are properly licensed and cleared for use on SFN, as are its promotion, marketing and advertising materials; and the Media Project does not violate any person or entity’s rights. You fully save, defend and hold SFN, Santa Fe Media Network, Inc. and their representatives, employees, agents and staff, harmless from and against any and all claims, costs, damages and expenses arising from any breach of these representations, including any other subsidiary channels of SFN, and for all the uses stated herein.
You grant to SFN the non-exclusive, royalty-free, world-wide FVOD (Free Video on Demand) rights to display, copy, transmit, publish, perform and publicly post (collectively “present”) your Media Project, including promotional and advertising rights, for all digital, multi-media, and mobile platforms, via www.SantaFeNetwork.tv and any subsidiary channels. You further grant SFN the right to use aspects of the Media Project for promotional purposes, including the right to use clips, stills, and key art to promote, market, advertise and publicize SFN and its subsidiary channels, in any and all media any by any and all methods that currently exist or will exist, without limitation, in perpetuity.
The term of this Agreement begins with your submission and continues for a period of three (3) years. Either party may terminate this agreement with thirty (30) days’ written notice. If you submit a written request that SFN remove your Media Project, SFN will use its best efforts to remove the Media Project as quickly as possible. SFN does not guarantee that your Media Project will be presented for any length of time, continuously, or prominently, and you understand that acceptance to SFN does not guarantee any amount of exposure or marketing for your Media Project. SFN reserves the right to remove the Media Project for any reason at any time.
Renewals. Subject to the terms hereof, if neither party terminates this Agreement at any time, at the end of the Term this Agreement shall be renewed for an additional three (3) year period, and shall continue in this way every three years. SFN reserves the right to deny subscriptions, renewals, and other purchases for any reason.
Content Restrictions. SFN shall not approve or accept any Media Project that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
Disclaimer. SFN reserves the right to modify SFN’s service(s). You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the SFN Service. SFN has no obligation to screen or monitor any content and does not guarantee that any content available on the SFN Service complies with this Agreement or is suitable for all users.
SFN provides the SFN Service on an “as is” and “as available” basis. SFN expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, SFN makes no representations or warranties that: (1) SFN’s service will be permitted in your jurisdiction; (2) SFN’s Service will be uninterrupted or error-free; (3) any content you submit will be made available on the SFN service or will be stored by SFN; (4) SFN will continue to support any particular platform, mode or method of delivery.
Indemnification. You agree to defend, indemnify, save and hold SFN, its current and future subsidiaries, parent clients, related and affiliated companies and their respective employees, managers, officers, agents, directors, owners, board members, shareholders, representatives and assigns harmless from and against all claims, liabilities, damages, recoveries, actions, costs, including reasonable attorney’s fees, judgments or expenses arising from or in connection with SFN’s use of the elements, promotional materials or your breach of this agreement. SFN will defend, indemnify, save and hold you and your subsidiaries, parent, affiliate and assigns harmless from all claims, including reasonable attorney’s fees arriving from SFN’s breach of this agreement.
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New Mexico, United States of America, without regard to principles of conflicts of law.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the SFN Service must be commenced in the state or federal courts located in Santa Fe County, New Mexico, United States of America (and you consent to the jurisdiction of those courts). In any such action, SFN and you irrevocably waive any right to a trial by jury.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by SFN on the SFN Site or a written amendment signed by an authorized representative of SFN. A revised Terms of Service will be effective as of the date it is posted on the SFN Site.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by SFN in exercising any right hereunder will waive any further exercise of that right.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without SFN’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from SFN electronically. SFN may provide all such communications by email or by posting them on the SFN service. You may send notices of a legal nature to SFN at SantaFeNetwork@gmail.com or the following address: 1600 Lena Street – E3, Santa Fe, NM 87505
Nothing herein shall limit SFN’s right to object to subpoenas, claims, or other demands.