In the following we indicate the contract terms that regulate the exploitation of the audiovisual material sent by you to our Society with the modalities that will be indicated by the latter.
1. Object
1.1 You give since now TheBlogTV S.p.A - with head office in Milan, Via Deruta 20, 2013, (hereinafter: "Society"), VAT N° 09184321009, registered to the Enterprises Registry of Milan with number 1846769, paid-in shared capital € 136,661.00, shared capital at last books balance € 136,661.00 - in the whole world and without any temporal limitations, in a non exclusive way, each and every rights of reproduction, execution and public performance, communication to public, making available to the public, distribution, translation, elaboration, renting and lending, in whatever form and with any means (hereinafter: "Rights"), of one or more audiovisual shoots (hereinafter: "Shoot" or the "Shoots") sent by you to the Society with the modalities indicated by the latter.
Such Rights could be executed directly by the Society or by third parties authorized by the Society at its own discretion, in which case is needless to say that the Society could identify such thirds parties, as well as independently negotiate and agree with them the conditions for the execution of the above-mentioned Rights.
1.2 As a mere example, in accordance with the authorization mentioned in art. 1.1, the Society could, directly or through third parties as above mentioned, without limitations as for the number of passages and uses of each Shoot:
a) copy in any format, also digital, and with any means or procedure currently existing or that will be invented in the future, in a temporary or permanent way, each Shoot;
b) hand out to the public each Shoot on data transmission nets such as the Internet (on one or more web sites, without any limitation), either in "streaming" or "download" modality and/or with any other technical modality allowing Shoots fruition;
c) communicate each Shoot to the general public, in any format and by any broadcasting means and modality, currently existing or that will be invented in the future (as a mere example, any type of telephone net, ether, cable and satellite television broadcasting, re-transmission via cable, free television, pay-television, pay-per-view, video-on-demand, near video-on-demand, Digital Terrestrial Television, Dvb-h, IPTV), inside of any program;
d) distribute each Shoot in any analogical or digital format currently existing or that will be invented in the future (as a mere example CD, CD-Rom, CDi, VHS, DVD), by any means and by any trades channel (as a mere example, great and small distribution, newspaper stands, e-commerce); distribute each Shoot also combined to other audiovisual material and/or printed publications;
e) screen each Shoot in cinematographic centers;
f) translate the audio of each Shoot in any language and/or insert subtitles in any language;
f) rent and lend each Shoot in any format and in any modality;
g) use each Shoot to promote and to advertise in any form and with any means the allowed uses and/or in general the activities of the Society.
1.3 In relation to the Rights here given, you authorize since now the Society – and the third parties authorized by the Society – to use single parts or fragments of the Shoot, to re-mount the Shoots, totally or in parts, in the case that should be considered opportune to the Society or to the thirds for the better exploitation of them.
1.4 You commit yourself not to use the Shoots – if not for mere private and personal fruition – for a period of time of one year starting from today, and not to authorize third parties to use the Shoots for the same period.
2. Shoots deployment.
The Society will stay free, absolutely at its own discretion, to use/not to use the Shoots, totally or in parts, and to determine the modalities and forms of the eventual deployment.
3. Releasing gratuity
This Releasing is hereby accepted by you and the Rights mentioned above are given by you to the Society absolutely for free, therefore you declare since now that you will have nothing to pretend, at any title, neither from the Society nor from any authorized third party, in relation to the exploitation/non exploitation of the Shoots.
4. Guarantees on Shoots contents, responsibilities and guarantee
You expressively grant to be the only one to hold the rights to the commercial use and moral rights on the Shoots and to validly authorize our Society to exert the Rights mentioned in art. 1.1, that the Shoots content does not violate any third party right (at mere example, authors rights and connected rights, image rights, right to personal honour and reputation), and that it does not contain commercial or promotional messages (also including the so called product placement), that it is not obscene, offensive or defamatory on behalf of anyone, not racist and does not violate any other applicable licensing law. Furthermore, you grant specifically that the minor whose image is shot in the Shoot is your son/daughter, on whom you apply your parental control, and that thus you are legitimate to validly authorize the Society to use the image of the minor as shot in the Shoot, in the terms indicated in this Release. In relation to the guarantees above mentioned, you allow since now to keep the Society entirely unaffected and legally free from any responsibility towards any prejudice coming from eventual expectations coming from third parties, at any title, about the propriety of the rights to commercial use and moral rights and/or the contents of the Shoots.
5.Personal data protection
Referring to your personal data protection, to be done for the fulfilment of the obligations coming from this agreement, you declare to have read on the www.webmoms.co.uk website the information mentioned in art. 13 of D. Lgs. n° 196/2003 (Italian Law) – Code for personal data protection.
6. Applicable law and competent court
This agreement will be regulated by the Italian Law and Rome Court will be competent in an exclusive way for any controversy related to the validity, interpretation and execution of this agreement.
