The Tribeca Film Festival brings Tribeca Interactive & Interlude: A Music Film Challenge in collaboration with The Lincoln Motor Company to Genero’s community of filmmakers. This challenge gives today's storytellers an unprecedented opportunity: to re-imagine storytelling for the digital age by creating interactive music films for Damon Albarn.
To participate, filmmakers will use Treehouse – Interlude’s self-service authoring suite – to create an interactive music film for the song 'Heavy Seas Of Love' from Albarn’s new studio album ‘Everyday Robots’. With Treehouse's simple and intuitive interface, participants can design their interactive music films in a multi-branch, multi-layered, tree-structured style, which will allow viewers to play an active role in the storytelling process.
The finalists’ films will be showcased as part of the Tribeca Online Festival and displayed throughout 2014 Tribeca Film Festival official venues and lounges via interactive kiosks, in addition being made available on the Challenge website.
Deadline for submissions is March 27th, 2014, 23:59 GMT time.
Awards & Judging
Damon Albarn and Aitor Throup, Creative Director for ‘Everyday Robots,’ along with an esteemed jury, will select one winning filmmaker who will receive $10,000. They will also receive travel to New York, including accommodation, and tickets to attend and be showcased at the 2014 Tribeca Film Festival (April 16 – 27).
Damon Albarn is a singer, songwriter, producer and composer whose eclectic musical style and observational lyrics have made him one of the UK's most influential and consistently interesting musicians. The singer with blur and Gorillaz, he is the recipient of four Brits, two Ivor Novello Awards and a Grammy Award.
Damon Albarn’s new studio album – his first solo record – titled 'Everyday Robots' will be released by Warner Bros Records on 29 April. Pre-order the album & get Everyday Robots single instantly: smarturl.it/itERalbumdeluxe.
Damon Albarn is a singer, songwriter, producer and composer whose eclectic musical style and observational lyrics have made him one of the UK’s most influential and consistently interesting musicians.
The singer with blur and Gorillaz, he is the recipient of four Brits, two Ivor Novello Awards and a Grammy Award.
Outside of blur and Gorillaz, Albarn has a number of other releases, including Mali Music (2002), The Good The Bad and The Queen (2006), Monkey: Journey to the West (2007), Kinshasa One Two (2011), Rocket Juice & The Moon (2012) Dr Dee (2012) and Africa Express Presents: Maison Des Jeunes (2013).
Albarn’s first full-length opera composition, Monkey: Journey to the West premiered at Manchester International Festival in 2007. Created in collaboration with Jamie Hewlett and Chen Shi Zheng, Monkey was performed entirely in Manadrin and went on to show at the Royal Opera House, the Théâtre du Châtelet in Paris, and the Spoleto Festival in Charleston.
His second opera Dr Dee, co-created with Rufus Norris, premiered at Manchester International Festival in 2011 to widespread critical acclaim ahead of a successful run at ENO’s London Coliseum this summer.
He is co-founder of record label Honest Jons and has also produced music for Gorillaz, Amadou and Mariam, written music for the film soundtracks to 101 Reykjavik, Ravenous and Broken, and most recently co-wrote and co-produced Bobby Womack’s critically acclaimed album The Bravest Man In The Universe.
In 2007, he performed on the Park Stage at Glastonbury as part of Africa Express ¬ a collective of African and Western musicians founded by Albarn which toured the UK aboard a train as part of London 2012 Festival, and in October last year Africa Express musicians and producers travelled to Bamako, Mali to record an album titled Africa Express Presents: Maison Des Jeunes over 7 days with a new wave of contemporary Malian musicians.
He lives in London with his family.
Damon Albarn's new studio album – his first solo record – titled 'Everyday Robots' will be released by Warner Bros Records on 29 April. Pre-order the album & get Everyday Robots single instantly: smarturl.it/itERalbumdeluxe.
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The Challenge - Additional Terms
The following additional terms and conditions (hereinafter referred to as “Additional Terms”) govern the use of Genero Services and Interlude Treehouse Technology with respect to the Challenge. As specified in Genero’s Terms available here and also at genero.tv/terms, these Additional Terms are unique to this Project and are supplementary to Genero’s standard Terms, and supersede them in the order of priority. Any terms which are used with initial capitals in the body of these Additional Terms but which are not defined shall have the meaning assigned to them in the Terms.
The objective of this Challenge, administered by Genero and Interlude US, Inc. ("Interlude"), is to give Filmmakers, such as yourself, the opportunity to create and submit Interactive Videos by using Genero's Services along with Interlude Treehouse Technology (as such terms are defined below), each of which will be synchronized with one (1) of the three (3) available tracks (each a “Song”), as listed on Genero's website. This Challenge is additionally supported by Tribeca Film Festival NYC, LLC (“TFF”) and Team Detroit Inc. d/b/a Hudson Rouge as agent for Ford Motor Company d/b/a The Lincoln Motor Company (“Lincoln”), and as such, certain rights granted and warranties made by you (whether as a User or a Filmmaker) in connection with the Challenge will also extend to TFF and Lincoln.
B. Interlude's Technology
An "Interactive Video" is a Video which allows end-users to interactively compose personalized versions of such video through use of certain Interlude proprietary interactive video software, developed and owned by J.B.F Interlude 2009 Ltd., Interlude's parent company ("Interlude IL" and "Interlude Player Technology", respectively).
In order to create and submit an Interactive Video for the Project, once concluding your Project registration process on Genero's website, Interlude will grant you with the limited, non-exclusive license to use its proprietary online tool for creating and publishing Interactive Videos ("Interlude Treehouse Technology") and to use certain services related therewith ("Treehouse Services").
You will also be required to register as a member and create an account for personal use with Interlude Treehouse Technology. By registering as a member, creating an account, and/or by using Interlude Treehouse Technology and the Treehouse Services in any way, you accept and agree to be bound by the Treehouse Terms of Service. If you do not agree to any of the terms and conditions under Treehouse Terms of Service, you are not permitted to use Interlude Treehouse Technology and any of Treehouse Services.
With respect to any Interlude related matter, in the event of any inconsistency or conflict between the terms of the Additional Terms, the terms of Genero’s standard Terms, and Treehouse Terms of Service, the terms of Treehouse Terms of Service shall prevail. With respect to any Genero related matter, in the event of any inconsistency or conflict between the terms of the Additional Terms, the terms of Genero’s standard Terms, and any terms of Treehouse Terms of Service, the Additional Terms shall prevail.
Neither TFF nor Lincoln is responsible for the collection, submission or processing of Interactive Videos, the administration of the Project or the selection of Winning Videos.
C. Warranties by Filmmaker
Any and all representations, warranties, undertakings, waivers and releases provided by Filmmaker to Genero under Sec. 7 to Genero's Terms are hereby additionally provided to Interlude, and excluding Sec. 7.3(j), also to TFF and Lincoln under these Additional Terms, and any reference to Genero in Sec. 7 of Genero's Terms are hereby extended, mutatis mutandis, to also include Interlude, and excluding Sec. 7.3(j), also to TFF and Lincoln.
D. General Project Terms
The provisions of Sec. 8 to Genero's Terms of Services would apply, mutatis mutandis, with respect to Interlude. Applicable provisions within Sec. 8 of Genero’s Terms with respect to prizing in connection with the Challenge are further subject to the provisions of Section H of these Additional Terms.
E. Rights in Relation to Each Interactive Video
In connection with this Challenge, each Filmmaker hereby grants to Genero, Interlude, TFF and Lincoln (collectively, "Licensees") an irrevocable, perpetual, and non-exclusive (but exclusive until the Challenge has concluded and all “Winning Videos” (as defined below) have been announced, per Sec. 10.4 of the Terms) license to: (i) host (applies only to Genero and Interlude), embed and, display and make the Interactive Videos available on their websites and, social media channels (applies to all Licensees), and make available on their respective embeddable Video players (applies only to Genero and Interlude); (ii) use the Interactive Videos for promotional purposes including showreels; (iii) prepare, display, publish and present a demo of each Winning Video (which may be presented as either an Interactive Video and/or in a linear Video format in accordance with the terms of E(v) herein) in connection with the promotion of the Challenge and the Winning Video(s); (iv) to promote the Challenge in all media permitted by the Artists/Labels, whether now known or hereafter devised, including, without limitation, using excerpts from the Interactive Videos and producing live presentations of the Winning Videos (whether as an Interactive Video or in a linear Video format in accordance with the terms of E(v) herein); (v) host, embed, display and make available linear versions of the Interactive Videos (applies to Genero only) for distribution after the end of the Project (i.e., once the Winning Videos have been publicly announced) and only on such sites and such other media that don’t support the Interlude Player; and (v) present the Interactive Videos via web-enabled kiosks onsite at official venues of the 2014 Tribeca Film Festival.
Each Filmmaker also hereby grants to the Licensees an irrevocable, perpetual and non-exclusive license to use the Filmmaker’s name, voice, quotes, biographical information, and (as applicable) likeness in connection with the Challenge, including, without limitation, in press releases, finalist and/or winner announcements, and in other promotion and marketing activities and materials in connection with the Challenge.
F. Finalist Selection
Following the conclusion of the submissions period for the Challenge (March 27, 2014 at 23:59 GMT), a judging panel made up of representatives from Genero, Interlude, and Lincoln and the Artist will judge all Interactive Videos for each Song to select up to fifteen (15) finalists (each a “Finalist”) (for clarity, the judging panel may select a different number of Finalists for each Song). In determining the Finalists for each Song, the judging panel will judge the Interactive Videos based on the following criteria: one-third (1/3) artistic interpretation of the Song, one-third (1/3) demonstration of filmmaking skill and one-third (1/3) creative use of the Interlude Technology. The determination of the Finalists will be made by the judging panel in its discretion and such determination will not be subject to challenge or appeal. On or about March 31, 2014, Genero will notify the Finalists using contact information provided through their respective Accounts, and in accordance with Genero’s notification policies as set forth in the Terms. In addition, if the Licensees elect, the Finalists may also be disclosed in a public announcement, either at the time the Finalists are selected or at the time the Winning Videos are announced.
References to Genero in any provisions of Sec. 11 (excluding 11 (e)) to Genero's Terms that are not otherwise superseded by this Sec. F of the Additional Terms are hereby extended, mutatis mutandis, to include Interlude, Tribeca and Lincoln.
G. Winning Video Selection
Following the selection of the Finalists, three (3) juries, each made up of the performing artist of the applicable Song and one or more music, film and/or digital industry experts, will judge the applicable Finalists to select one (1) Winning Video. In determining the Winning Video for each Song, the applicable jury will judge the Finalists based on the following criteria: one-third (1/3) artistic interpretation of the Song, one-third (1/3) demonstration of filmmaking skill and one-third (1/3) creative use of the Interlude Technology. However, to the extent the applicable performing artist and the remainder of their respective jury disagree on the Winning Video, the performing artist’s decision will control. The determination of the Winning Videos will be made by the applicable jury in its discretion and such determination will not be subject to challenge or appeal. On or about April 13, 2014, Genero will notify the Filmmakers of the Winning Videos (each a “Winning Filmmaker”) using contact information provided through their respective Accounts, and in accordance with Genero’s notification policies as set forth in the Terms.
Each grand prize consists of the following:
- USD$10,000 (Ten Thousand U.S. Dollars) in cash for each Winning Filmmaker, provided by Lincoln and TFF; and
- a two (2) day/ two (2) night trip for each Winning Filmmaker to New York City, New York to attend select events during the 2014 Tribeca Film Festival, provided by TFF. The trip includes (i) round-trip coach airfare for each Winning Filmmaker between the major airport that is nearest to such Winning Filmmaker’s residence and New York City; (ii) two (2) nights’ hotel accommodations for each Winning Filmmaker at a hotel determined by or for TFF; and one (1) Hudson Industry Pass for each Winning Filmmaker to attend select events and screenings at the 2014 Tribeca Film Festival, subject to the terms and conditions for Hudson Industry Pass holders*. Each Winning Filmmaker may be given access to attend additional events and/or screenings at the 2014 Tribeca Film Festival, but only in TFF’s sole discretion.
*Hudson Industry Passes cannot be transferred or resold and require a valid photo ID; they provide the pass holder with access for one (1) to: 2014 Event general public screenings and matinee screenings (excluding all invitation-only events); Industry panel discussions and events; official 2014 Event hospitality lounges; Tribeca Drive-In® events and Tribeca Drive-In® reserved seating; press and industry screenings; priority access to the official 2014 Event “Screening Library” to view available participating 2014 Event films on video/DVD (if produced by TFF; hours and location determined by TFF).
The total approximate retail value (“ARV”) of each grand prize is Twelve Thousand Seven Hundred U.S. Dollars (USD$12,700).
The Filmmaker agrees to defend, indemnify and hold harmless Interlude, TFF and Lincoln, and each of their respective affiliates, subsidiaries, and parents, and each of their respective officers, directors, employees, authorized representatives and agents, from and against any and all third party claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) the violation of any term of these Additional Terms; (ii) the violation of any third party right, including without limitation any proprietary or intellectual property right and/or privacy right; and (iii), for Interlude, any damage of any sort, whether direct, indirect, special or consequential, the Filmmaker may cause to any third party with relation to Interlude Treehouse Technology and the Treehouse Services. This indemnification obligation will survive these Additional Terms.
J. Governing Law and Jurisdiction
Notwithstanding Sec. 22.2 of the Terms, any Interlude, TFF and/or Lincoln matter shall be construed and governed in accordance with the laws of the State of New York, where the applicable courts in New York shall have sole and exclusive jurisdiction over any dispute under these Terms and Additional Terms or otherwise related, as applicable, to Interlude Treehouse Technology, Interlude Player Technology, the Treehouse Services, TFF and/or Lincoln. Otherwise, the Terms, these Additional Terms and any Genero matter shall be construed and governed in accordance with the laws of Victoria, Australia, where the applicable courts in Victoria shall have sole and exclusive jurisdiction over any dispute under these Terms and Additional Terms or otherwise related to Genero.
-End Additional Terms-
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User, you or your means the party entering into this Agreement by accessing or using the Website and/or Genero Services.
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The following rules of interpretation apply to these Terms, the Website and the Genero Services:
(a) the singular includes the plural and vice versa;
(b) a reference to USD$ is to the currency of the United States (which is the default currency for Payments unless otherwise stated), GBP£ to the currency of Great Britain, EUR€ to the currency of the Eurozone, and AUD$ to the currency of Australia;
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The terms and conditions associated with the use of the Website and/or the participation in or purchase of any Genero Services, and other related activities, are governed by a number of separate documents which work in isolation or in combination as required, and include, in order of priority, the following:
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(f) The Brief (relevant to Briefs); and
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7. Warranties by Filmmaker
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(e) at no time will disparage or make any action or statement that harms Genero’s or Client’s reputation or business;
(f) is not permitted to represent yourself at any time as an agent, employee, lessee, sub-lessee, partner or joint-venture partner of Genero or Client, and no employer-employee relationship exists between You and Genero or Client;
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(m) is solely responsible for each Video that You submit and the consequences of posting or publishing such Video on the Website including, but not limited to, any copyright infringement.
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(a) and Your performance of these Terms are not subject to the requirements or obligations of any union, guild, or similar association;
(b) may be the subject of review, by the public, and as such may be the subject of comments or other reactions posted on the Website or elsewhere and that Genero is not responsible for any such review or comment or any consequences relating thereto;
(c) does not impersonate any person or entity (including by using any celebrity look-a-likes or sound-a-likes), or falsely state or misrepresent any affiliation with any person or entity;
(d) does not contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libellous, threatening, harassing, hateful, degrading, intimidating, graphically violent or otherwise unlawful, tortious or objectionable;
(e) does not depict, encourage, promote or induce conduct that could violate any law or give rise to criminal or civil liability, or that could be considered risky, violent, discriminatory or otherwise inappropriate;
(f) does not advertise or promote alcohol, tobacco, firearms, gambling or feminine hygiene products (unless the Genero Services instruct you to);
(g) does not endorse any religious or political cause or candidate;
(h) does not contain any personally identifying or other personal information about you or any other person;
(i) does not contain any confidential information, or any material, non-public information about any company;
(j) does not contain gang signs or symbols;
(k) is factually accurate to the extent the Video purports to represent facts;
(l) does not contain any information or instruction that might be injurious to any person’s physical well being; and
(m) does not contain any unlawful, obscene, scandalous, or inappropriate picture, gesture, statement or language, or material of any kind.
Genero Video Projects
8. General Project Terms
8.1 Genero does not permit, encourage or condone intellectual property infringement, and will remove any Videos found to be infringing on another's intellectual property rights. Unless provided as a free download on the Website as part of the Project or you have approval to use it on the Project Page or as part of the Project terms herein, You must own all copyright, trademark or other intellectual property rights within the Video (other than the Assets) including, without limitation any song, music, soundtrack, lyrics, image (moving or still), logo or brand, and artwork, or must have legally acquired a valid and current license to any copyright, trademark or other intellectual property incorporated in your Video that includes the unrestricted right for you, and any future owner, to use and transfer or license such copyright, including commercial use, in perpetuity, and without any fee. Because the intention for a selected Video is to be used commercially, and the ownership rights to the selected Video are to be transferred to the Client, we generally do not accept the use of stock or public domain footage, although we do reserve the right to apply discretion. We require that your Video footage is original, created and owned by you, and rights able to be transferred in full to the Client in the event your Video is selected.
8.2 Genero may, in its absolute discretion, edit, postpone, or cancel a Project without any liability to You; including not selecting winners or finalists (including but not limited to where no Videos were of sufficient quality), not fulfilling Payments, and not publishing or judging Videos.
8.3 Nothing in these Terms obliges Genero or Client to:
(a) publish the Video;
(b) publish the Video for any particular amount of time;
(c) not remove the Video at any time as it sees fit; or
(d) use the Video in any commercial or official capacity.
8.4 Genero may or may not publish Your Video at its absolute discretion. Reasons for Genero not publishing your Video include but are not limited to:
(a) the Video being of insufficient technical, creative or production quality;
(b) because Genero deems, in its sole discretion, that it contains: explicit content, illegal content, offensive content, inappropriate content, infringing content on another party’s intellectual property rights, or is otherwise contrary to law; or
(c) because You have not met Your obligations under these Terms, the Project Page, or any Project guidelines as published on the Website, or otherwise made available, from time to time. No responsibility is taken for lost, damaged, misdirected, unusable or unreadable submissions, or technical issues with the Genero Services.
8.5 The opening and closing dates/times for each Project shall be listed on the relevant Project Page on the Website. Genero reserves the right to alter the Project opening & closing dates/times in its absolute discretion. All dates/times are Greenwich Mean Time (GMT) unless stated otherwise. It is Your responsibility to translate back to Your local time zone. Your Video will not be accepted if it is not submitted by the closing date/time. Genero reserves the right, at its discretion, to accept late submissions, eg. where a Filmmaker has had technical problems and not been able to submit by the deadline.
8.6 All winning and some finalist Filmmakers will be required to supply a high resolution file of Your Video on physical media via mail, or uploaded electronically (at our discretion) within 5 days of finalist/winner announcement. Failure to do so may result in Your Video being withdrawn by us as a finalist or winner and no Payment awarded. For broadcast specification guidelines, please refer to this URL, which is subject to each Client’s individual requirements - http://genero.tv/faq-videos/#2196.
8.7 Non-cash Payments awarded under a Project are not transferrable, exchangeable or redeemable for cash, and unless expressly stated otherwise on the Project Page, non-cash Payments are as described and do not include or imply anything else including (but not limited to) flights, travel, accommodation, transfers, spending money, insurance, Applicable Taxes or shipping.
8.8 Genero may charge any postage, handling or transfer fee to deliver Payments (including all transfer fees or charges for cash Payments), or arrange for a similar Payment (determined at Genero’s sole discretion) that is closer to your residence in lieu of what You may have received.
8.9 Unless stated otherwise, Genero will pay cash Payments to your PayPal account. All cash Payments are subject to any applicable fees, charges or currency exchange fees. Genero reserves the right to make cash Payments via alternate methods, at its complete discretion.
9.1 To the extent that Assets are available on the Website to be downloaded for the Project, You are only entitled to reproduce and exploit the underlying copyright works in the Assets for the sole purpose of creating and submitting Your Video for that Project.
9.2 You hereby acknowledge and agree that there is no transfer, license or other grant of rights to You in respect of such Assets other than as specifically provided for in these Terms.
9.3 Other than as relates to any further use as part of the Genero Services, You must immediately cease all use of Assets and return or destroy all copies of Assets at the Project close date mentioned on the Project Page.
9.4 Unless provided as a free download on the Website as part of the Project, You must have legally purchased any Assets (including songs) for use in Your Video, and they must be cleared for commercial use without any fees, limitations or restrictions.
9.5 Because your Video may be used as an official promotional video by the Client, you must use the full length of the song in your video, not an excerpt from it.
10. Rights in Relation to Each Video
10.1 By submitting or uploading Videos on the Website, You hereby grant to Genero in perpetuity and throughout the Territory, a non-exclusive, irrevocable, assignable, sub-licensable, royalty-free license:
(a) To host, post, stream, upload or otherwise on the Website and any website; and
(b) the right to use, re-produce, alter, adapt, monetise, broadcast, publish and communicate the Videos to the public, in all media now known or hereafter devised.
10.2 Upon submitting a Video You also grant Genero the right to:
(a) submit the Video for inclusion in events which may or may not charge fees for entry tickets;
(b) include Your Video, or any part thereof, as part of any media (physical, electronic or otherwise) which may or may not be sold by Genero, or a third party;
(c) edit or modify such Video at any time and in any way at its sole discretion, including but not limited to broadcasting the Video in different formats for mobile devices, television, cinema, festivals or other reasons as Genero sees fit; and
(d) earn advertising, sponsorship and other forms of revenue from Your Videos on the Website and other websites, which may be displayed and not limited to, before or after Your Video plays, and superimposed over Your Video.
10.3 Upon submitting Your Video, in the event that Your Video is selected as a Winning Video or Additional Video and in consideration of the Payment(s), You hereby irrevocably agree to assign all rights, title, and interest in the Video to Genero or its nominee or Client (at Genero’s discretion). This includes all things associated with ownership of personal property, which without limitation includes granting Genero or its nominee or Client the exclusive rights throughout the world in perpetuity to manufacture, distribute, promote, advertise, sell, lease, license or otherwise exploit commercially the Video in all media and technologies now or hereafter known, including the right to communicate the Video to the public and to license all such rights to third parties in its absolute discretion.
10.4 Upon submitting Your Video, you must not post, publish, upload, transmit or otherwise disclose the Video to any other party, or any work incorporated into the Video, until the Project has ended and the Winning Video has been announced. You may however embed Your Video using the Genero embed code from the Video Player or use the direct URL link or sharing tools provided to the Video on the Website once Your Video has been published.
10.5 Notwithstanding the clause immediately above, you are permitted to use your Video for self-promotional purposes (i.e. your showreel). For avoidance of doubt, You are not permitted to use your Video for any commercial or monetising purposes. If your Video was not approved and published on Genero, you are not permitted to post your Video to any other websites, or deal with it in any way.
10.6 Upon submitting Your Video, you must not deal with (including license, assign, transfer or sell), or post, publish, upload, transmit (or otherwise disclose to any other party) the Video or any work incorporated into the Video, until each of the following have occurred:
(a) The Project has ended; and
(b) The Winning Video has been announced; and
(c) 14 days after the Winning Video has been announced You have not been notified that Your Video is the Winning Video or an Additional Video.
10.7 Subject to any restrictions herein, for all Videos other than the Winning Video and any Additional Videos, Filmmakers retain the rights to their original video footage to the exclusion of any Assets or other copyright or non-original material, which must be removed prior to using or dealing with the Video for any further purpose other than those expressly granted herein.
Genero and Client have the right to:
(a) select a Filmmaker and their Video as finalists or winners;
(b) disqualify a finalist or winning Filmmaker and their Video if the Filmmaker has not complied with these Terms, and set aside the relevant Video from the Project;
(c) disqualify a Filmmaker if their Video collects views, comments, votes or any other activity using automated tools or disposable email addresses, or any similar method;
(d) supplement a finalist or winner with any other Filmmaker and their Video in place of a disqualified Filmmaker and their Video; and
(e) purchase any non-Winning Video for a fee not exceeding 20% of the cash Payment awarded to the Winning Video, each an Additional Video.
11.2 Genero will announce finalists and winners on the Website and attempt to make contact via email using the details provided in Your Account. Finalists and winners must respond to Genero’s contact attempts within 2 days of notification. Genero accepts no responsibility for being unable to reach You if these attempts are unsuccessful, and reserve the right to withdraw Your finalist or winner position and select alternative finalists or winners.
Genero Video Marketplace
12. Warranties and Acknowledgement
12.1 User hereby acknowledges, warrants and represents that:
(a) User will not use the Marketplace, User’s Genero Account, the Marketplace Videos, or any content in the Marketplace Videos or in the Marketplace, dishonestly, fraudulently, for illegal purposes or for any use at all other than expressly specified herein without the express written consent of Genero.
(b) User will not complete, or attempt to complete any commercial transaction between Users outside of the Marketplace, including but not limited to the offer or supply of Marketplace Videos or any other User creative content, current or historical, made through the Marketplace.
(c) User will not distribute any part of content accessible via the Marketplace (other than User’s Marketplace Video) in any medium whatsoever without Genero's express written consent.
12.2 User hereby acknowledges that access to the Marketplace is intended solely for viewing and/or purchasing Marketplace Videos in accordance with these Terms, and that the Marketplace Videos or other information stored in the Marketplace is provided “as is” and may not be downloaded (unless explicitly allowed for under these Terms), copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Genero.
13. Marketplace Video Representations
13.1 Sellers shall make available Marketplace Videos pursuant to the instructions found on the Marketplace homepage and in accordance with these Terms.
13.2 Any Marketplace Video that includes Project Assets must have all such Project Assets removed in their entirety before the Marketplace Video may be sold, re-edited and transferred to Buyer as a Purchased Video, or otherwise used outside the Marketplace in any way.
13.3 Seller is solely responsible for any and all content included in their Marketplace Video, and for removing all Project Assets from the Marketplace Video before it is sold, re-edited and transferred to a Buyer or otherwise used by a Buyer as a Purchased Video.
13.4 By making a Marketplace Video available in the Marketplace, Seller represents and warrants that, other than as to any Project Assets included therein (which will subsequently be removed as per above clauses), the Marketplace Video does not contain content that violates the rights of any third-party, including any third party copyright, trademark, or patent, or a person’s right of privacy/publicity, or other personal or proprietary rights of any third party, and that Seller has all necessary rights and permissions from any Contributors and/or Performers in order for Seller to grant the rights to Genero and Buyer as contemplated hereunder.
13.5 Genero does not endorse any Marketplace Video, and content, opinion, recommendation, or advice expressed in any Marketplace Video uploaded by Seller, and, expressly disclaims any and all liability in connection with such Marketplace Video.
14. Purchasing a Marketplace Video
14.1 Obligations of Seller
(a) When making available a Marketplace Video to the Marketplace, a Seller shall specify: (i) the Seller Offer Amount; and (ii) any Seller Terms. Such Seller Offer Amount and Seller Terms may be changed by the Seller at any time prior to a valid offer being accepted for the Marketplace Video.
(b) The Seller Terms may include, but shall not be limited to, the following: (i) the permissible uses of the Marketplace Video, including territory of use, and/or restrictions on usage set by the Seller; (ii) whether the Seller requires any special conditions to be agreed by the Buyer.
(c) A Seller must not include in any Marketplace Video any material which is or may be defamatory, racially, religiously or sexually discriminatory or vilifying, offensive, in breach of a duty of confidentiality or privacy owed to anyone, in breach of the moral rights of an author of the image, in breach of any contract or otherwise unlawful.
14.2 Obligations of Buyer
(a) Buyer shall offer to purchase a Marketplace Video by issuing a Proposal for the use of the Purchased Video to Seller.
(b) The Proposal may include, but need not be limited to, the following: (i) the proposed uses of the Purchased Video, including territory; (ii) whether the Buyer requires any special conditions to be agreed by the Seller, such as exclusivity or specific limitations on re-use of the Marketplace Video or Purchased Video; (iii) the deadline for the satisfactory completion and delivery of the Purchased Video; and (iv) whether the Buyer requires the Proposal to be treated as confidential by the Seller.
14.3 Acceptance of the Proposal / Counter-Offer
(a) The Seller shall have the option to accept or decline the Proposal. In the alternative, the Seller may issue new Seller Terms under which the Marketplace Video may be purchased.
(b) If the Seller accepts the Proposal, the Buyer will be asked to agree to the terms of a Video Sales Agreement, entered into between the Seller and the Buyer, and which shall specify the following: (i) the agreed Video Sale Amount; (ii) the Buyer Project details; (iii) the proposed usage, exclusivity, etc.; and (iv) other conditions required before a Marketplace Video may become a Purchased Video.
(c) If the Buyer has required the Proposal or Buyer Project to be treated as confidential, the Seller shall agree to the terms of any Non-Disclosure Agreement accompanying the Proposal.
(d) Seller and Buyer understand and agree that the Video Sales Agreement shall be deemed to have been entered into as between only the Buyer and Seller and shall be apart from these Terms or the supply of the Marketplace Video in the Marketplace. Each of the Seller and Buyer acknowledges and agrees to be bound by the terms of the Video Sales Agreement into which they have been entered, including to the terms as to usage and other special conditions to which both the Seller and the Buyer have agreed.
(e) Unless otherwise separately agreed to in writing by Genero, Genero is not and will not be a party to the Video Sales Agreement between the Buyer and Seller and shall bear no liability whatsoever to either the Seller or the Buyer in relation to any aspect of the sale of the Marketplace Video or Purchased Video.
(f) Both the Seller and Buyer are obliged to work together in good faith to complete the Marketplace Video for use in the Buyer Project.
(g) Under no circumstances will a Buyer or a Seller seek to make any direct approach to one another outside of the Marketplace with respect to the Marketplace Video or other similar video, for the purposes of avoiding operation of these Terms or payment of the Genero Fee. This provision shall not prevent Buyer and Seller from directly communicating for purposes of finalizing any sale initiated through the Marketplace, and/or finalizing any Buyer Project.
15. Marketplace Fees and Charges
15.1 The Buyer acknowledges, confirms and agrees that the costs to be incurred by the Buyer for the Marketplace Video are as follows: (a) upon the Seller agreeing to participate in the Buyer’s Project, the aggregate Video Sales Amount for all Marketplace Videos purchased, plus any Applicable Taxes payable, will be payable by the Buyer to Genero via the designated payment method.
15.2 If the Buyer reasonably rejects the final Purchased Video, and does not allow the Seller an opportunity to cure, then the Video Sales Amount minus Genero’s Fee will be refunded to the Buyer via a payment form of Genero’s discretion. Genero’s Fee shall not be refundable.
15.3 The Seller acknowledges, confirms and agrees that: (i) within a period of 30 days after Buyer marks the Buyer Project as “complete”, Genero will credit the Seller whose Purchased Video has been accepted by the Buyer an amount equivalent to the Video Sale Amount less the Genero Fee and any Applicable Taxes; (ii) that any Applicable Taxes Seller is required by law to collect will be included in any price or offer amount.
15.4 Seller agrees that Genero will be paid the Genero Fee and is entitled to deduct the Genero Fee prior to issuing payment to the Seller.
15.5 Each of the Seller and the Buyer acknowledge, confirm and agree that: (i) Genero may, in the sole and absolute discretion of Genero, increase, decrease, modify, alter, introduce or remove any fee charged by Genero, either permanently or temporarily; (ii) Genero will provide 30 days notice to existing Sellers for any prospective change of the Genero Fee or any other fees charged by Genero, and these changes will only affect transactions that take place after the 30 day notice period has elapsed; (iii) unless otherwise stated all fees are in United States dollars.
Genero Director Briefs
16. General Director Brief Terms
16.1 Genero provides Briefs to facilitate the connection of Filmmakers with Clients and vice versa. After a Client has chosen a Filmmaker to work with via the Brief, Genero does not get involved in the ongoing communication, video production or billing and payment process and has no liability for any element of these activities, or the use of or participation in the Brief.
16.2 Genero highly recommends that the Parties agree all detail via a formal contract before proceeding, including (but not limited to) budget, location, timing, talent, progress payments, insurance, video specifications and all other deliverables. Whilst Genero will endeavour to help where it can, Genero does not and will not mitigate or arbitrate in the case of any dispute between the Parties.
16.3 Genero may remove a Brief, at its sole discretion, if it believes it is fraudulent, or the Filmmaker is at risk of not being paid.
16.4 Genero reserves the right to promote completed Briefs and their Videos on the Website.
17. Client Warranties
17.1 Client hereby acknowledges, warrants and represents that:
(a) You have the budget to pay the Filmmaker as specified in the Brief;
(b) The Brief describes the video requirements as accurately as possible and in enough detail so the Filmmaker can determine if the budget is sufficient;
(c) The Brief will not be substantially modified, once agreement with the Filmmaker has been reached, unless the Filmmaker agrees to such modifications;
(d) Client owns or obtained all permissions to any music or Assets provided to Genero or Filmmaker as part of the Brief;
(e) Reference checks, and any due diligence pertaining to Filmmaker have been requested and checked prior to selecting them;
(f) All Treatments (including other communication and responses, including emails) are confidential, and may only be shared within the Client’s team;
(g) No Filmmaker will be commissioned until the deadline contained in the Brief has passed; and
(h) It is the Client’s responsibility to request Release Forms of the filmmaker and check them to the Client’s satisfaction.
18. Filmmaker Warranties
18.1 Filmmaker hereby acknowledges, warrants and represents that:
(a) All information contained within your Genero Account and Treatment response is true and correct, and does not mislead any person or entity in any way;
(b) By submitting a Treatment you will complete the Video in accordance with the Client’s requirements and within the budget specified in the Brief;
(c) Filmmaker, Performers and Contributors (including director and producer team members) named in the Treatment or any communication that forms part of your response, are the persons that shall be used, unless otherwise agreed with Client;
(d) Reference checks and any due diligence requests by Client have been satisfied before proceeding; and
(e) Release Form requirements as per these Terms and any other release form requirements of the Client have been met.
19.1 User, Filmmaker, Seller and Buyer hereby indemnify Genero and Client upon; (i) any use, participation or purchase related to any Genero Services including submission of each and every Video, and (ii) submission of each and every piece of Content, and will keep Genero and Client indemnified against any and all actions, suits, claims, demands, proceedings, losses, damages, special damages compensation, sums of money, costs (including solicitor and client costs), charges and expenses arising out of or relating to your breach of any terms governed by these Terms, or use of the Video by Genero, Client or Buyer. You hereby irrevocably waive any right to seek or obtain an injunction, rescission or termination of these Terms, or any rights hereunder.
19.2 User hereby indemnifies Genero against any loss or damage suffered in the event that any Video, Content or information submitted by User and provided on the Website is incorrect or in any way misleading.
19.3 User hereby indemnifies Genero against any loss or damage suffered in the event that any aspect of the Website or Genero Services does not function as intended for any reason beyond the reasonable control of Genero and particularly in connection with: service interruptions caused by an internet service provider; an internet connection; any fault or deficiency in computer hardware or software; any fault or deficiency in audio/visual hardware; any fault or deficiency in website code.
19.4 Should Genero in its sole discretion, determine that User has breached these Terms, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.
20. Exclusion, and Limitation of Liability
20.1 The Website and Genero Services are provided "as is" and without representations or warranties of any kind to User, whether express or implied, including without limitation:
(a) the quality and/or fitness of the Website or Genero Services for a particular use;
(b) as to accessibility or warranties that access or use of the Website or Genero Services will be uninterrupted or error-free;
(c) that the Website, Genero Services, and/or the Content will be secure or free of viruses or other harmful material or elements; or
(d) that any of the Content will be correct, accurate, timely, complete, or free of any third party claims.
20.2 Genero expressly disclaims any responsibility for the Videos displayed on the Website or made available as part of any Genero Services, and by using the Website or any Genero Services, Users agree that Genero shall have no responsibility for any Video (including any content in any Video) that infringes the copyright or other intellectual property rights of any third party or for any Video that is deemed to be offensive, discriminatory or misleading to Users in any way whatsoever.
20.3 Where Genero provides links to other websites, it does so for information and convenience purposes only. Genero has no control over, and shall not be responsible for any such website and/or the content thereof.
20.4 Genero reserve the right to discontinue or remove any part, Content, Video or functionality of the Website or Genero Services at any time and without notice.
20.5 Genero reserves the right to alter, modify, add to or change in any way, any provision of these Terms and may, in its absolute discretion, limit or expand the Genero Services available via the Website without giving prior notice to User.
21. Copyright Infringement - US Notice and Take Down Procedures
The United States Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any materials in the Website or found in a Video infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the Website the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Website a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for further information. Our contact for copyright issues relating to this Website (including the notices and counter-notices) is firstname.lastname@example.org. Please note that there are penalties for false claims under the DMCA.
22. Assignment of Rights
22.1 Genero may transfer, assign, novate or otherwise deal with any of its rights under these Terms to another party without notice to You.
22.2 You are not permitted to assign any part of these Terms without Genero’s prior written consent.
23. Governing Law and Jurisdiction
23.1 These Terms and use of the Website and Genero Services are governed by the laws of Victoria, Australia.
23.2 By accessing or using the Website or Genero Services, User submits to the exclusive jurisdiction of the Victorian Courts in Australia for any dispute that relates to the Website, Genero Services, or these Terms.
23.3 Users are solely responsible for compliance with any applicable laws of the country from which they access the Website or Genero Services.
© 2014 Genero, all rights reserved.
Filmmakers, Cast & Crew
Journey of a little robot through the worlds of motion graphics and motion designs.