The www.earthspiritlove.com Web site (the "Site") is an online ongoing Film festival and video sharing site provided by The Hendricks Institute, Inc.dba Earthspiritlove.com. Your use of this site is subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE PURCHASING, DOWNLOADING OR USING THE SITE. BY PURCHASING, DOWNLOADING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. This Membership program (as either a community member or filmmaker) ("member program") by and between you, the contracting party entered above, ("You") and Earthspritilove.com is effective as of the date that you register and join any earthspiritlove.com (ESL) service. ESL reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. THE HENDRICKS INSTITUTE, INC. AND EARTHSPIRITLOVE.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. Community Members may:As a Community Member: If you register to Participate in the ESL site you will automatically become a Community Member. As a Community Member you may vote on films, download films for purchase and email films to your friends. You may participate in services that may be made available at ESL’s sole discretion, including a discussion group, member forums, chat area, bulletin board, feedback area, news group or email functionality. You are solely responsible for all member comments you transmit. You may not submit any Member Comments that contain any sexually suggestive, pornographic, infringing, hate-related, violent or illegal content. To cancel membership, send an email to info@earthspiritlove.com with the subject line "CANCEL MEMBERSHIP." You may terminate service at any time. It is at ESL’s sole discretion to allow a member who cancels membership to rejoin. As a Filmmaker: You may upload videos for sharing and downloading for purchase. The festival entrance uploading fee is $5 for a digital submission which is payed at the end of the uploading process. You may choose to have your film for viewing only by answering "no" to the sale question on the upload page. You may participate in our ongoing online Film festival. You shall be solely responsible for your own submissions (Your Video Content) and the consequences of posting or publishing them. Further, You are solely responsible for uploading the Video Content to your Member Account on the Earthspiritlove.com Web site, and for adding appropriate keyword tags and text descriptions about the Your Video Content. You represent that You have and will retain throughout the term of this Agreement, all necessary rights, title, interest, licenses and permissions in and to the Video Content, including without limitation any copyrights (including in any sound recordings and/or musical works, as well as any text, photographic images or artwork incorporated into the audio-visual works), trademarks, service marks, patents, rights of publicity, and clearances from and/or for featured individuals, branding, and locations. For clarity, you retain all of your ownership rights in Your Video Content. Please see our submission form for a detailed explanation: upload agreement Copyright, Licenses and Idea Submissions. You hereby grant Earthspiritlove.com a worldwide, non-exclusive, royalty-free, license to distribute Your Video Content in connection with the Earthspiritlove.com web site and Film festival (streaming, downloading and publicizing the site). You permit ESL to host, index and cache your Video Content., Tag your Video Content with information used to identify it as your video and assist ESL in properly tracking and calculating any revenue amounts you might earn.ESL may: 1) reject, suspend access to or remove any Video Content from the ESL site at anytime that it deems it unsuitable; 2) modify meta-data that you submit on the upload form such as keywords, category or search terms and will have no liability for doing this. Any further sublicensing and/or distribution through other media of your video content will be covered in a separate agreement. You may request: that ESL remove any or all of Your Video Content from the ESL site. Upon receipt of such a request ESL will use all reasonable efforts to ensure that Your Video Content is removed from the site within 72 hours.All undisputed amounts (not limited to prize money, downloading fees earned) will be paid within 90 days from the last day of the month in which such a request to remove occurred. In the event that ESL fails to remove the requested Video Content from the ESL Site within seventy-two (72) hours after Your request for removal, ESL shall not be liable to You for damages or charges of any kind in an amount greater than ten dollars ($10). Revenue and Payment terms: Payments due to you: Through your participation as a filmmaker in the ESL site, you may be able to generate revenue, subject to your compliance with the terms and conditions of this Agreement and depending on distribution channels and revenue streams made available through ESL (for example but not limited to sales via downloading and Jury prizes). ESL will pay you fifty percent (50%) of the gross revenue payable to ESL from community members who download your films, and one hundred percent 100% of any applicable prizes for your film. Payment terms: Amounts due to You, if any, in connection with Your participation as a filmmaker will be determined solely by ESL and its third party affiliates. Income earned through downloading or prize awards will accrue and be posted to Your Account. All payments will be in US Dollars. The payments will be available for withdrawal or transfer thirty (30) days after the end of the calendar month in which they accrued. No payments will be made until the accrued amount is equal to or greater than fifty dollars ($50). Payments will remain in your account until you transfer such amounts to a PayPal Account or other payment system acceptable to ESL.If You dispute ESL’s payments made to You under this Agreement, You must notify ESL in writing within thirty (30) days of ESL depositing such payment to Your Account. Failure to notify ESL in this manner will result in Your waiver of any claim relating to such dispute. ESL will use reasonable efforts to resolve any such dispute in good faith, but ESL’s resolution will be final. Taxes: You are responsible for all applicable taxes or fees imposed by your government in connection with your participation in EarthSpiritLove. ESL may change its pricing and or payment structure at any time with 30 days prior notice. If any such modification of payment terms is not acceptable, your only recourse is to cease participation.In order to check crediting and/or effect payments and/or service your Account, ESL may share related payment information you provide with third parties, such as payment processors, including but not limited to PayPal.Exceptions: ESL will have no obligation to pay any amounts and is permitted to deduct or withhold any amounts from or posted to your Account if ESL suspects these to have resulted from Fraud, including copyright infringement. EarthSpiritLove.com respects your right to privacy and understands that visitors to the EarthSpiritLove website need to be in control of their personal information. To that end ESL has developed a Privacy Policy Privacy policy and you should review it carefully. Your use of the Site is your consent to the Privacy Policy. Prizes:The ESL Ongoing Online Film Festival awards prizes every quarter. These prizes include but are not limited to:The Jury Prize: For Critical Acclaim and exceptional qualities as decided by our Jury.To be eligible for any Prize, the Filmmaker must be in compliance with the Terms of Use and Policies of ESL, and have a minimum of 10 votes for their film. Films which do not have at least 10 votes in the quarter will not be considered for the Prizes. Prizes are in the form of a distribution deal offered which may be offered through the Spiritual Cinema Circle or Earth Cinema Circle and are awarded at the sole discretion of ESL and the notification of the winners will be on or before the 15th day of the month following the end of the quarter.
VOTING: In the development of our film festival we have been made aware of several questions regarding the voting process. To clarify the voting process: Only Registered Community Members or Filmmakers may vote/rate a film To vote you must be logged in using your Username and password. To vote - watch the Movie to the end Click on one of the stars that appear at the very end of the film. Your rating is your vote. Only one vote per member per film is permitted for the festival Whilst the Earthspritilove team will do everything to assist their Community Members in having a successful voting experience, we will no longer enter votes for members through their accounts. Thank you for participating in the festival If you have experienced trouble voting, please contact info@earthspiritlove.com with specific details of what happened and we will provide you with the information you need to vote successfully. First Quarter 2008 EarthSpiritLove Festival Prizes and Voting policy:
At the end of the Month of March, the number of votes will be counted and saved. The films which have won a festival prize will be notified by the 15th April.
All films which qualified but did not win a prize, may re-qualify for the next quarter's festival. This means that the number of votes will be put to zero for the beginning of April and 10 votes will need to be earned in the months of April to June.
For films which did not qualify with 10 votes, they may also re-enter the festival and will need to earn the 10 votes between the months of April to June.
For our Winners the films may not re-enter for a Festival Prize but will be featured in the Festival Winners category on our site.
Copyrights and Trademarks: The entire contents of EarthSpiritLove.com are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are The Hendricks Institute, Inc, Earthspiritlove.com and their affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You agree to grant to ESL non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any comments and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to www.earthspiritlove.com by all means and in any media now known or hereafter developed. You also grant to The Hendricks Institute, Inc, and earthspiritlove.com the right to use your name in connection with the submitted comments and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse to The Hendricks Institute, Inc dba Earthspiritlove.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications with www.earthspiritlove.com. Trademarks.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of The Hendricks Institute, Inc, dba earthspiritlove.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners. You also understand that earthspiritlove.com can not and do not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. Disclaimers. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF EARTHSPIRITLOVE.COM AND OF THE INTERNET. INTERNET. EARTHSPIRITLOVE.COM PROVIDE ESL AND RELATED INFORMATION "AS IS" AND DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO EARTHSPIRITLOVE.com, ANY VIDEO CONTENT OR SERVICE PROVIDED THROUGH EARTHSPIRITLOVE.COM OR ON THE INTERNET GENERALLY, AND The HENDRICKS INSTITUTE, dba EARTHSPIRITLOVE.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, VIDEO CONTENT AND OTHER INFORMATION PROVIDED THROUGH EARTHSPIRITLOVE.COM OR ON THE INTERNET GENERALLY. THE HENDRICKS INSTITUTE,INC, DBA EARTHSPIRITLOVE.COM DOES NOT WARRANT THAT EARTHSPIRITLOVE.COM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN EARTHSPIRTLOVE.COM WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. THE HENDRICKS INSTITUTE, INC. DBA EARTHSPIRITLOVE.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. Limitation of Liability. IN NO EVENT SHALL THE HENDRICKS INSTITUTE, INC DBA EARTHSPIRITLOVE.COM OR, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR (I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OR INABILITY TO USE EARTHSPIRITLOVE.COM, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON ESL, OR DOWNLOADED FROM ESL, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF THE HENDRICKS INSTITUTE INC, DBA EARTHSPIRITLOVE.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE HENDRICKS INSTITUTE INC, DBA EARTHSPIRITLOVE.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT EARTHSPIRITLOVE.COM, THE HENDRICKS INSTITUTE, INC. SHALL NOT BE LIABLE FOR ANY USER-SUBMITTED CONTENT TO EARTHSPIRITLOVE.COM OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AND THE HENDRICKS INSTITUTE, INC, DBA EARTHSPIRITLOVE.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. ESL is controlled and offered by Earthspiritlove.com and The Hendricks Institute, Inc, from its facilities in the United States of America. Earthspiritlove.com and The Hendricks Institue, Inc. make no representations that the Site is appropriate or available for use in other locations. If You access or use Earthspiritlove.com from other jurisdictions, then You do so at your own volition and You are responsible for compliance with local law. Earthspiritlove.com and The Hendricks Institute, make no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-www.earthspiritlove.com Web site, You acknowledge that it is independent from ESL, and that The Hendricks Institute, Inc. and www.earthspiritlove.com have no control over the content on that Web site. In addition, a link to a www.earthspiritlove.com Web site does not mean that The Hendricks Institute, Inc or ESL endorse or accept any responsibility for the content, or the use, of such Web site. Your Representations and Warranties.
You represent and warrant that: (a) You have the right, power and authority to enter into this Agreement and fully perform its obligations hereunder; (b) the making of this Agreement does not and will not conflict with any agreement existing between You and any other party; (c) You own or have all necessary licenses, rights, consents, and permissions to use and authorize ESL to use all copyrights, trademarks, trade secrets, rights of publicity, patents and other proprietary rights in and to the Video Content to enable the use of the VideoContent in the manner contemplated by this Agreement; (d) You have the written consent, release, and/or permission of each and every identifiable individual person in the Video Content to use the name or likeness of each and every such identifiable individual person to enable the use of the Video Content in the manner contemplated by this Agreement; (e) the Video Content does not contain any unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive material; (f) the Video Content and Your Licensed Material will not infringe upon or otherwise violate any intellectual property, privacy, publicity or other right of any third party; and (g) You will be solely responsible for paying any royalties or other amounts that may be come due to artists, record labels, producers, actors, union trust funds, music publishers and all other rights holders from exploitation of Your Video Content. Indemnification.
You agree to indemnify, defend and hold harmless Earthspiritlove.com and The Hendricks Institute, their officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against any and all claims, losses, liabilities, obligations, expenses, damages, debts and costs, (including but not limited to attorney's fees) arising from: (a) Your use of and access to Earthspiritlove.com; (b) violation of any term of this Agreement (including negligent or wrongful conduct) by You or any other person accessing the Service; (c) breach of any representation or warranty made by You or failure to perform any obligation assumed by You under this Agreement; (d) violation of any third party right, including without limitation any intellectual property or privacy right, by You; (e) any claim that the Licensed Content caused damage to a third party; or (f) any violation of laws, statutes, rules and/or regulations by You relating to your performance and/or the discharge of your obligations and duties as set forth in this Agreement. This defense and indemnification obligation will survive this Agreement and your use of EarthSpiritLove.com. Third Party Rights.
The provisions of the paragraph (Indemnification) are for the benefit of Earthspiritlove.com and The Hendricks Institute, Inc. and their officers, directors, employees, agents, licensors, suppliers, and any third party information providers to ESL. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against You on its own behalf.
Objectionable Materials
Certain videos dealing with pornography, illegal activities of any kind, occult, hate, and racism may not be promoted through the ESL system. Earthspiritlove.com and The Hendricks Institute reserve the rights to make the final decision as to what is appropriate. Violators may be terminated without notice. Term; Termination.
The license granted herein will remain in effect until such time as either party terminates the Agreement, which either party may do at any time by notifying the other party in writing with fourteen (14) days advance notice. Earthspiritlove.com and The Hendricks Institute, Inc. has the right to terminate the Agreement immediately without written notice to You if we discover you have violated the terms of the Agreement. These provisions shall survive any termination of this Agreement. Earthspiritlove.com and The Hendricks Institute, Inc. reserve the right to amend this Agreement at any time without notice. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in United States. You agree that any legal action or proceeding between The Hendricks Institute, Inc and Earthspiritlove.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Ventura in the State of California in the United States. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Earthspiritlove.com, and The Hendricks Institute, Inc’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Earthspiritlove.com and The Hendricks Institute’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Earthspiritlove.com and The Hendricks Institute, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved. The Hendricks Institute, Inc. dba Earthspiritlove.com |
