Terms and Conditions
I (hereinafter ‘Grantor’) hereby grants to Ravie Solanky Media & Entertainment (P) Ltd (“Whatashort”) the rights specified in this licence (the “Agreement”) under the terms and conditions provided below.
I/We (an individual/ a company/ partnership firm/ proprietorship concern), are the creators and or owners / rights holder of the film / content / video submitted on this site, www.whatashort.com. We confirm that we hold these rights as well as all rights related to or arising from the said content, free from all encumbrances, and do hereby willingly submit the same to Ravie Solanky Media & Entertainment (P) Ltd, a company incorporated under the provisions of the companies Act 1956 (WhataShort – www.whatashort.com) hereinafter called “The Grantee” (which expression shall include its successors, administrators and assigns) for promotion and monetization as per the terms and conditions mentioned.
The “Program” means the short film Grantor submits to Whatashort for consideration to be included as a part of the competition (the “Competition”).
The Grantor hereby grants non-exclusive rights of the content to the Whatashort to exhibit, distribute, transmit, re-transmit, telecast, broadcast, simulcast, stream, offer for download / upload and monetize and/or exploit across various avenues, platforms, formats, medium and viewing devices known today or may be invented or available in the future including but not limited to internet, broadband, telecom network, mobile or cellular network, video-on-demand, DTH, IPTV, cable, satellite, television, theatrical, home video, overseas distribution, in-flight, airborne, etc. The Grantor also grants exclusive rights to the Whatashort for monetisation and distribution on all the internet and mobile platforms known today or may be invented or available in the future. These rights collectively are hereinafter called “the said rights”.
The term of the Agreement will be 5 years commencing on the date of the first exhibition of the Program on Whatashort website (i.e., www.whatashort.com) or over any Distribution Outlet of Whatashort, whichever occurs first (the “Term”). The agreement shall automatically be renewed for a preiod of 5 years unless either party expresses to the other it’s intent to terminate the agreement in writing, 90 days prior to the date of renewal.
If the program is selected as a winning film of the Competition, , Grantor’s film shall receive Whatashort of the Year online award.
Whatashort may use, and authorize others to use, in any manner or media now known or hereafter devised, the title of the Program, excerpts from the Program, all delivered promotional material, and the names, voices, likenesses, and biographical information about all persons appearing in or performing services in connection with the Program for advertising, publicizing, or promoting the Program and any series in which it is included during the Term, and for the institutional promotional purposes of Whatashort and its licensees in perpetuity without any compensation due to Grantor. The foregoing rights include, but are not limited to, the right to publish and copyright or cause to be published and copyrighted in its name or that of its nominee selections from the Program not to exceed 2000 words for advertising and publicity purposes.
Whatashort may not cut, edit, alter or modify the Program without Grantor’s permission, except that Whatashort will have the right to cut, edit, alter and modify the Program credits in order to comply with time requirements.
As between Grantor and Whatashort, all right, title, and interest, including the copyright in and to the Program belongs solely and exclusively to Grantor, subject to the license granted in this Agreement.
The rights granted by the Grantor to the Whatashort shall include, as follows :
- The right to convert, transcode, extract, record, process, embody, dub, sub-title, synchronise, publish, re-purpose, etc. the content as may be required from time to time, without altering the creative elements of the content, for exercising the said rights.
- The right to enter into agreements with any third party with regard to the exploitation or sale of the said rights of the content.
- The right to promote and create awareness about the content on various platforms using available means including using material provided by the Grantor or by creating fresh material for the purpose.
Grantor agrees to indemnify, defend, and hold harmless WHATASHORT, its officers, directors, agents and employees and any entity authorized by WHATASHORT to exhibit the Program, from and against any and all claims, damages, liabilities, costs and expenses, including attorney’s fees, arising out of or relating to the breach or alleged breach of any warranty, representation or agreement made by Grantor herein. In addition, Grantor fully releases WHATASHORT from any and all liability in connection with the Competition, but excluding gross negligence or willful acts by WHATASHORT in connection with the Competition.
Nothing contained in this Agreement obligates WHATASHORT to broadcast or otherwise exhibit the Program.
Grantor acknowledges that WHATASHORT reserves the right, in its sole discretion, to disqualify any person (including Grantor) tampering with the Competition submission process. WHATASHORT further reserves the right, in its sole discretion, to cancel, suspend, terminate or modify the Competition if not capable of completion as planned, including due to force majeure, technical corruption, or any other causes beyond WHATASHORT’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition.
The Grantor hereby confirms to have (1) obtained appropriate releases for every person who appears recognizably in the content; (2) obtain appropriate releases for those locations that appear recognizably in the content and require releases.(3) obtained necessary approvals and / or authorization from the rights owner (if not the Grantor) to enter into this agreement and accept the terms and conditions. The Grantor will retain any such releases and provide them to the Whatashort upon request.
The Grantor shall provide Whatashort with available promotional material in terms of working stills, booklets, creative, promos etc. which can be used for promoting the content.
All communications and notices to Whatashort should be sent to:
Ravie Solanky Media & Entertainment Private Limited
11 Hauz Rani, IInd Floor
Malviya Nagar, New Delhi-17
(a) Nothing herein shall be deemed to create any association, partnership, or joint venture between Grantor and WHATASHORT. (b) WHATASHORT may assign this Agreement to any subsidiary, parent, or affiliate of WHATASHORT. (c) Incase, of any disputes under this agreement, the same shall be first sorted out through arbitration which shall be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Delhi. This agreement is subject to the jurisdiction of Delhi. (d) This Agreement embraces the entire understanding between Grantor and WHATASHORT and may not be altered or modified except in a writing signed by the parties. A waiver by either party of any breach or default by the other party may not be construed as a waiver of any other breach or default by such other party