These Terms and Conditions apply between MiShorts Limited (‘MiShorts’, ‘we’ or ‘us’) of 1/23 Brunswick Terrace, Hove, East Sussex BN3 1HJ, a limited company incorporated in the United Kingdom (Company Number 6261306), and anyone accessing the website at www.mishorts.com (‘you’ or the ‘User’). The following terms and conditions govern your use of the website supplied by MiShorts and content available therein (‘Materials’).
To use the MiShorts website to download or submit short films and/or download other items, including but not limited to the MiEncode and MiDget applications, you must agree to the following Terms and Conditions which form a legally binding contract between yourself and MiShorts and are an essential condition of your use of the site. Before submitting personal details, text, images, film(s) or any other material to this service, or downloading films from the website or viewing streamed films or parts thereof, it is important that you read these Terms and Conditions carefully.
These Terms and Conditions and/or or future amendments, the User registration process, and the disclosures provided by MiShorts and the consents provided by The User, constitute the entire agreement between the User and MiShorts. If any provision of these Terms and Conditions and/or the Privacy Statement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and/or the Privacy Statement, as applicable, and shall not affect the validity and enforceability of any remaining provisions. MiShorts' failure to act with respect to a breach by the User (or others) does not waive MiShorts' right to act with respect to subsequent and/or similar breaches by the User or other Users.
1. The License
1.1 Subject to these Terms and Conditions, you are granted a non-exclusive, non-transferable, limited licence to access and use the MiShorts website and Materials from time to time made available to you for the purposes only of submitting and/or obtaining video content for private viewing and other Materials made available through the site.
2.1 In order to access and use certain services, features or functions of the MiShorts service and website, we require you to become a MiShorts member by creating a unique User ID. As part of this online registration and/or submission process, you must provide a user name and password which must form a unique combination. You will also be required to provide your e-mail address and other information as required in the registration form.
2.3 Your unique User ID is personal to you and may not be used by others under any circumstances. We are not liable for any harm caused by, or related to the theft or misappropriation or disclosure of all or any portion of your User ID, or your authorization of anyone else to use your User ID.
2.4 You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User ID or any other need to deactivate your User ID due to security concerns.
3. Information provided by the User
3.2 MiShorts reserves the right to use your email address for internal marketing activities relevant to the MiShorts website and its services. In registering for the MiShorts service, you expressly consent to your email address being included in the MiShorts email list for this purpose. If at any time you object to the use of your email address in this way, you can request that it be removed and MiShorts will comply with this request.
4. User Materials
4.1 All films, postings, messages, feedback, data, comments, information, text, audio, visuals, graphics and other material submitted to the MiShorts website by a User must be original work or otherwise owned by the User and are the User's sole responsibility.
4.2 The User may not post any User Materials onto the MiShorts website that involves infringement of copyright or child exploitation, contains any offensive language or anything which is considered by us to be indecent, libellous, defamatory, obscene, threatening, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offence, violate the rights of any party or violate any law.
4.3 The User may not use the MiShorts website for any illegal or unlawful purpose including posting anything that is fraudulent, inaccurate, incomplete, false or misleading. The User must not impersonate any person, group, company or entity, nor disguise the origin of any message sent.
4.4 MiShorts accepts the right of any individual or organisation to report to us any file or files on our website that appear to contravene clause 4.2 above. Within twenty-four hours of receiving a written request, we will investigate and prevent access to or remove such files, as necessary. We will also write to the reporting organization or individual, detailing our actions.
4.5 MiShorts does not guarantee to post User Materials onto its website and reserves the right, in its sole discretion, to refuse, prevent access to or remove all or part of any User Materials that it believes violates or may violate these Terms and Conditions.
4.6 MiShorts shall have no liability nor responsibility for the storage, loss, or deletion of any User Materials submitted to the Service.
4.7 You agree to MiShorts making available, to registered members only, its 'MiDget' widget containing your library films for placing on 3rd-party websites, social media pages, blogs and other internet locations of their choice.
5. Hyperlinks to Third Party Sites
5.1 The appearance, availability, or your use of hyperlinks (URLs) referenced or included anywhere on the MiShorts website or any other form of link or re-direction of your connection to, with or through the site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on our part or of our advertisers, sponsors, affiliates or any of their respective officers, directors, employees, agents, representatives, licensors, suppliers, and service providers, successors and permitted assignees.
5.2 We do not verify, endorse, or have any responsibility for any third party sites, their business practices (including their privacy policies, or any goods or services associated with or obtained in connection with any such site, whether MiShorts or any advertisers, sponsors, and affiliates logo or sponsorship identification is identified or represented on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Statement for information on how we collect and use your personal information.
6. Intellectual Property Rights
6.1 MiShorts does not claim ownership of any User Materials submitted to its service. However, in consideration for MiShorts agreeing to receive User Materials and, by submitting User Materials in any form to MiShorts, the User automatically grants to MiShorts and all its affiliates, subsidiaries and licensees a royalty-free, world-wide, non-exclusive, sub-licensable, and assignable right and Licence to make available all or part of the User Materials for paid-for or free downloading and/or streaming from its website at its discretion.
6.2 In addition, the User grants MiShorts the right to use, copy, reproduce, modify, adapt, publish, edit, translate, transmit, distribute, broadcast, publicly display and publicly perform such User Materials for the purpose of displaying and promoting the User Materials and/or the MiShorts service and website on or via any website, television program, print and/or radio media, online media, portable or non-portable media device or other means of digital media at its discretion.
6.3 Nothing in these Terms and Conditions obliges MiShorts to publish any User Materials submitted to it and it may remove any content from its website at any time at its sole discretion.
6.4 If we are notified that any content on the MiShorts website infringes or allegedly infringes any intellectual property rights or otherwise breaches any law or regulation, we shall take any such action that we consider appropriate in the circumstances which may include removing the content from the website, canceling the relevant Users’ membership, investigating the complaint further, cooperating in any investigation, dispute or legal proceedings in this regard and any other action at our sole discretion.
7. Payments to Filmmakers and Content Providers
7.1 In full consideration of the rights granted to MiShorts in section three, we undertake to pay Users whose work has been added to our library 70% of the advertised download price of their film(s) every time the film is downloaded from our website on a paid-for basis. We will also pay Users 70% of the net revenue we earn from third-party Video-on-Demand services, IPTV networks, telcos and content aggregators with whom we have entered into a formal distribution agreement.
7.2 Users will be able to see information in their MiProfile area about how many times their film(s) have been downloaded and how much download commission has been earned.
7.3 Downloads fees paid to Users for their film(s) will be based on the advertised unit price of the film on our website, regardless of whether the film has been purchased as part of a bulk purchase, subscription or any other kind of discount offer.
7.4 Payments to Users whose film(s) have been added to the MiShorts library will be made in sterling on the first day of the month to the Users nominated PayPal account, subject to us receiving valid PayPal account details via the MiProfile area.
7.6 MiShorts may at its sole discretion delay any payments to Users where the sums payable for any month is less than £25, in which case we will account to the User for such sums on the first day of the following month once the total amount payable to a User exceeds £25.
7.8 At its discretion, MiShorts reserves the right to alter without prior notification the published download price of all and any films in its library and to include all and any films in purchase packages, special offers and other pricing arrangements as it thinks fit.
8. Representations and Warranties
The User represents and warrants for the benefit of MiShorts and its licensees that:
8.1 The User is the sole copyright owner of the User Materials and owns and/or controls the rights in the User Materials submitted by The User, including the rights in relation to the screenplay, the original music commissioned for such User Materials and the rights in relation to pre-existing music and other pre-existing Materials incorporated into and/or synchronised with such User Materials;
8.2 The User has the written consent, release, and/or permission of each and every individual person in the User Materials to use the name, voice and/or likeness of each and every such individual person to enable inclusion and use of the User Materials in the manner contemplated by the MiShorts website and these Terms and Conditions;
8.3 The User has the right to enter into these Terms and Conditions;
8.4 Any and all costs in connection with the submission of the User Materials will be met by The User;
8.5 The User Materials or any material contained therein will not contain any obscene, libelous or defamatory material and the exercise by MiShorts its affiliates, subsidiaries and licensees of the MiShorts Licence shall not violate the moral rights of any person or violate any third party intellectual property rights whatsoever, including without limitation, any right of copyright, trademark or private, civil or property right or the right of privacy or any other right or names of any person whatsoever;
8.6 The performing rights for all or any musical compositions contained in the User Materials are:
8.6.1 Controlled by Broadcast Music Inc, American Society of Composers, Authors and Publishers, Society of European Stage Authors and Composers Inc or the Performing Rights Society Limited, or the Australian Performing Right Association Limited or such other similar collection society, or in the public domain, or controlled by the User;
8.6.2 The User Materials shall be free and clear of all fees, performers residuals, archive fees, copyright clearance (including all music rights) and copying fees and similar (including, but not limited to, recording synchronisation, mechanical, dubbing, re-dubbing, subtitling and/or distribution royalties, guild or union residual repeat re-run fees and payments), which said fees shall have been fully paid for or met by the User;
8.6.3 The User Materials comply with all screen and advertising credit obligations and any other contractual obligations to third parties connected with the User Materials.
8.7 If requested by MiShorts, the User will provide all necessary information concerning the title, rights to the User Materials, its ownership, and the composer and publisher of all music and other copyrighted or protected material in or related to the User Materials including, but not limited to, the music cue sheet and copies of all relevant duly executed music licenses or use Licenses.
9. Ownership and Proprietary Rights
9.1 The MiShorts website and services and all website content is the property of MiShorts Limited and/or our advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors and is legally protected, without limitation, under United Kingdom laws, regulations and treaties. For the purposes of these Terms and Conditions, ‘content’ is defined as all media and materials, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, spoken statements, music, animated and/or motion pictures, vocal or other sounds, sound recordings, voice reproductions, computer graphics and visual effects, including, without limitation, the selection, sequence and 'look and feel' and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colours, alone or in conjunction with other work, characters, real or imaginary, in any part of the world.
9.2 The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications on or of MiShorts, including, without limitation, the name MiShorts, are the intellectual property of and proprietary to MiShorts Limited. These marks, or any confusingly similar marks, may not be used for any reason or under any circumstances without the express prior written consent of MiShorts Limited.
9.3 MiShorts allows registered Users to access Materials and download its short films solely for non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. The User must not alter, delete or conceal any copyright or other notices provided by the MiShorts service and website, including notices on any Content that is downloaded.
9.4 Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise use, any Content without the express prior written consent of MiShorts. Any unauthorized or prohibited use of any Content, including use in contravention of these Terms and Conditions , may subject you to civil liability, criminal prosecution, or both.
9.5 You may not use any computerized or automatic mechanism, including without limitation, any web scraper, spider or robot, to access, extract or download any Content from MiShorts, unless you are expressly authorized to do so by us. As a condition of being a User, you warrant to MiShorts that you will not use our service for any unlawful purpose or purpose prohibited by these Terms and Conditions. If you violate any part of these Terms and Conditions, your permission to use the Content automatically terminates.
10. Cancellation of Registration
10.1 You may cancel your registration as a MiShorts member at any time and for any reason, and have all information provided by you as part of the registration process permanently removed from our database. In order to facilitate this, you must send an e-mail via our Contact page containing your username, password, and e-mail address and a request to cancel your registration.
10.2 MiShorts reserves the right to terminate, suspend, restrict, or attach conditions to a Users registration, with immediate effect, entirely at its discretion and for any reason that it considers appropriate at the time.
11. General Conditions of Use
11.1 The User may not transmit junk email, spam, unsolicited email in any form including bulk email, commercial or otherwise, either through the MiShorts website or to other users of the site.
11.2 The User may not engage in harvesting or otherwise collecting information, including email addresses, about other users.
11.3 The User agrees to discontinue any communication with any other user of the MiShorts website if that person so requests.
11.4 In the event of the MiShorts website displaying or advertising promotions, services or products which are offered by other parties or other individuals, and the User takes advantage of such offers, then the User's contractual relationship is with that third party.
12 Disclaimer and Limitations of Liability
12.1 The User agrees that the MiShorts website and all related services are provided on an ‘as is’ and ‘as available’ basis, without any warranty of any kind, expressed or implied, including, but not limited to, all warranties of merchantability, of fitness for a particular purpose, title and non-infringement. In addition, MiShorts does not promise that its download service nor all or any part of its website will operate without interruption or that its services, products, features, functions, content or operations will be available as described at any particular time or times.
12.2 The User agrees that, to the fullest extent permissible by law, neither MiShorts, its advertisers, sponsors and affiliates, or their respective successors and assigns, nor any of its or their respective officers, directors, employees, agents, licensors, representatives, service providers, advertisers, or suppliers, shall be liable for any loss or damage of any kind, direct or indirect, in connection with or arising from use of the MiShorts website and services, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages, regardless of the form of action or the basis of the claim and even if advised of the possibility of such damages.
12.3 The User agrees that MiShorts is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of use of its website and services and acknowledges that the User is assuming the entire risk of using all and every feature of the MiShorts website and services.
12.4 The User understands and agrees that MiShorts does not accept any liability for, nor guarantees the quality or accuracy of, any User Materials that appear on or are made available through the MiShorts website.
12.5 The User (or any person using the User's login details) accepts full responsibility for any and all content submitted by the User and the User agrees to indemnify and hold MiShorts, its affiliates, subsidiaries, licensees, and all their related officers, agents, partners and employees free from any claim or demand, including legal fees, arising out of the submitted User Materials, use by the User of the MiShorts website, violation by the User of these Terms and Conditions or violation by the User of any third party's rights including such party's copyrights and trademarks.
12.6 In order to use and enjoy the MiShorts website you will require access to the internet using appropriate devices and software. We do not charge for access to the website and only charge fees when you make specific purchases. We recommend obtaining high speed access to the internet in order to maximise your enjoyment of the website and in order to enable download of any purchases.
13. General legal terms
13.1 MiShorts may assign, sub-licence or novate any or all of its rights, interests and obligations under these Terms and Conditions to any company which is a subsidiary or related body corporate of MiShorts.
13.2 You may not assign or sublicense the whole or any part of your obligations under these Terms and Conditions without our prior written consent.
13.3 Nothing in these Terms and Conditions creates any partnership between us.
13.4 These Terms and Conditions shall be interpreted and construed according to, and governed by, the laws of the United Kingdom as applicable to agreements made and wholly performed therein.
13.5 MiShorts may amend these Terms and Conditions at any time and will notify Users of such amendments via its website.
MiShorts Ltd, March 9th 2010