Content Submission

Last updated:  February 28, 2015

These Content Submission Terms set out additional terms and conditions that apply to those users of the Eye on Canada website (the “Site”) who wish to submit content to the Site, and form part of the Site’s Terms of Use. These Content Submission Terms are part of the agreement between you and the Presenters (the CMF, Telefilm and the CMPA) regarding your access to and use of the Site.  

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you and the Presenters agree as follows:

 

A. Eligible Registrants

You may register for an account on the Site if you are the authorized representative of a Canadian production company, meaning a corporation constituted pursuant to the laws of Canada or a province or territory of Canada which is Canadian-controlled within the meaning of the Investment Canada Act (Canada) (the “Registrant”). Only one account is permitted per production company.  If multiple accounts are created by a production company (including via different representatives), the accounts may be merged (via deletion of the additional accounts and reassignment to the initial account) by the Site administrator.  

 

B. Eligible Content

Content may be submitted to the Site if it meets the following conditions:

1. The Registrant holds all the necessary rights, powers and authorizations to submit the content on the Site and to grant the rights contemplated in these Terms of Use. Such submission and granting of rights does not conflict with or infringe any other license agreements in effect regarding such content.

2. The content has been produced and is owned by the Registrant, along with an international partner in the case of audiovisual treaty coproductions.

3. The Registrant has obtained the consent of all the rights holders whose consent is necessary to submit the content to the Site and to grant the rights contemplated in these Terms of Use.

4. The content is Canadian content, meeting the industry standard requirements applicable to the type of content, (for example, for television and film, the content is eligible to be certified by the Canadian Audio-Visual Certification Office (“CAVCO”) as a “Canadian film or video production”) or is recognized as a treaty coproduction by the Minister of Canadian Heritage).

5. The content is posted and available on Youtube at the time of submission and will remain available on Youtube while it is presented on the Site.  

6. The content is recognized and known content, having been previously licensed to a Canadian broadcaster or distributor or otherwise distributed to the general Canadian public.  

7. The content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or entity, or violate any law or judicial or governmental order.  

8. The content does not contain elements of excessive violence, hate propaganda, sexual violence, or sexual exploitation or elements which are obscene, indecent or child pornography with the meaning of the Criminal Code.

 

C. Moderation

All content, including any summaries or other information submitted regarding the content (“Supporting Information”), will be reviewed by the Site administrator before it is posted on the Site.  

The Presenters are not required to accept and/or post any content.  The Presenters will select which content to post in their sole and absolute discretion.  

 

D. Right to edit

The Site administrator may edit Supporting Information in its sole discretion, including correcting grammatical and typographical errors, making editorial revisions and reverting to previous versions after proposed updates have been submitted by you for posting.  

 

E. Update content quarterly

Content and Supporting Information (together, “Submitted Content”) on the Site should be updated regularly, and at least on a quarterly basis. 

 

F. E-mail Consent

From time to time, the Presenters may need to send you e-mails regarding your account or Submitted Content or, if you have subscribed to the Site mailing list, newsletters regarding the Site and related information.  You consent to the receipt of e-mails from the Presenters.  In the event that you have not provided express consent, you acknowledge that an existing business relationship exists and the associated implied consent to receive e-mails by virtue of you having registered for an account to use the Site and having entered into the Terms of Use of which these Content Submission Terms forms part (an agreement), as provided for in Canadian law governing the sending of commercial electronic messages.

 

G. Grant of Rights, Release and Indemnity

By submitting any Submitted Content to the Site:

a) you hereby grant and assign to the Presenters the irrevocable right and license to post, communicate, exhibit, display, copy, publish, reproduce, alter, distribute and, in the case of Supporting Information, to also edit and translate, the Submitted Content, in whole or in part, on the Site and in any other media worldwide (including, but not limited to, the Partners’ websites, social media channels, annual reports or festival microsites).  You acknowledge that any Submitted Content that does meet the requirements for posting on the Site or is deemed objectionable, obscene, defamatory, or otherwise illegal by the Presenters, in their sole discretion, will not be posted.

b) you hereby release and forever discharge each of the Presenters and each of their respective officers, directors, employees, independent contractors and agents from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter may have, for or by reason of, or arising directly or indirectly out of, the authorized use by the Presenters of the Submitted Content. 

c) you represent and warrant that the Submitted Content does not violate or infringe any personal or proprietary right or privilege, including but not limited to rights relating to privacy, publicity, or infringe on any copyright, trade-mark or other literary, dramatic or musical right of any person, firm, corporation, association or individual, constitute defamation, libel or slander or violate any applicable laws;

d) you represent and warrant that you have the full and complete right to grant the permissions given hereunder to the Presenters, and that no further permissions or clearances are required from, nor payments required to be made to any third party in connection with the use by the Presenters of the Submitted Content as contemplated herein; and 

e) you hereby agree to indemnify and hold harmless each of the Presenters and each of their respective officers, directors, employees, independent contractors and agents from and against any losses, costs, expenses, damages, claims, actions or demands, including without limitation reasonable legal fees, occasioned by the authorized use by the Presenters of the Submitted Content or by your breach of any of these Content Submission Terms and understand that the Presenters cannot be held liable for the use that could be made by third parties of the Submitted Content.