Terms & Conditions and Presentation Agreement (For Link and Trailer)
By submitting your Media Project to the Santa Fe Network (“SFN”), you (“Licensor”) indicate your express representation and warranty that you are able to represent the Media Project for this purpose; 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 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 (“subsidiary channels”) and for all the uses stated herein.
You agree to grant SFN the non-exclusive, revocable, world-wide, royalty-free right to use clips, stills, key art and any other promotional aspects of the Media Project to promote, market, advertise and publicize SFN and its subsidiary channels, in any and all media and by any and all methods that currently exist or will exist, without limitation, in perpetuity.
By submitting your Media Project, you are granting SFN the right to display, transmit, copy, publish and publicly perform (collectively “present”) promotional materials for the Media Project and the link to view the Media Project on a third party platform for up to three (3) years, world-wide and throughout this known universe or any other to be discovered yet, via www.SantaFeNetwork.tv and any subsidiary channels. SFN does not guarantee that the link to 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.
Termination. Either party may terminate this agreement with thirty (30) days written notice. If you request that SFN remove your Media Project, SFN will use its best efforts to remove the Media Project as quickly as possible. SFN reserves the right to remove the Media Project for any reason at any time.
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, judgements 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.