RBH is a platform where certain users pitch ideas and projects in order to receive funding for their projects – including pilots and complete productions – and creative ideas, sell projects and ideas to network and film executives, and attempt to protect their original ideas from theft (collectively “Sellers”). Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, sizzle reels, concept reels, pilots, overviews, graphics, audio clips, comments, and other material and information, as well as associated trademarks and copyrightable works (collectively, “Content” or “Materials”) for publicity to individuals, businesses and other professionals (collectively, “Buyers”) who might promote, fund, or buy the Content, or related Content, or contract the Seller for a future project. Sellers have the ability to contribute, add, create, upload, submit, post, or make otherwise accessible (“Submit”) Content. “User Submissions” means any content submitted by Sellers. Buyers and Sellers are collectively “Users”.
The Service is available only to individuals who are at least eighteen (18) years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least eighteen (18) years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is enforceable to the fullest extent permissible by law; it is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
Additionally, you shall not: (i) take any action that imposes or may impose an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure, which shall be determined by the Company and in its sole discretion; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service, or cause or encourage a third party to do the same; (iii) circumvent any measures the Company may use to prevent or restrict access to the Service or other accounts, computer systems, or networks connected to the Service; (iv) probe, scan, test, violate, or attempt to violate the security of any RBH Site, network or system, including security or authentication measures, without proper authorization; (v) reverse engineer, decipher, disassemble, decompile, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (vi) aggravate, copy or duplicate in any manner any RBH material, including, but not limited to, information, trademarks, trade secrets, and copyrighted material, available from any RBH site, other than as permitted by this Agreement; (vii) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (viii) use manual or automated software, devices, or other processes to “crawl” any page of the Site.
Each User agrees not to abuse other Users’ personal information. Abuse includes, but is not limited to (i) using personal information for any purpose other than those explicitly specified by the Content Provider; (ii) using personal information for any purpose other than explicitly allowed in this Agreement; and (iii) using personal information in a way that is not related to fulfilling the purpose of a Content Provider’s Content, as specified by the Content Provider.
RBH reserves the right, in its sole discretion, to delete, remove, refuse display, or block any Content that RBH, in its sole discretion, considers to be unacceptable.
RBH is under no obligation to become involved in any disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with the Services. RBH is under no obligation to oversee the performance or punctuality of offers or payments. You release RBH, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
You understand and acknowledge that you have no ownership rights in your account, and RBH reserves the right to delete your account and your Material after a significant period of inactivity. In the event that your account is Terminated, whether by RBH or at your own election, you understand and acknowledge that all your account information and Material may be deleted from RBH's databases and removed from any public area of the Site. Material may continue to be available for some period of time because of delays in propagating such deletion through RBH’s web servers.
You understand, acknowledge and agree that RBH may retain copies of your User Submissions and disclose your submitted Materials to a third party if RBH, in its sole discretion, believes that it is necessary to: (i) protect the integrity of the Site; (ii) protect the rights of RBH; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert RBH's claim under this Notice; and (vi) satisfy any claims regarding violations of third party's rights.
Users can also get a Private Dailies paid account (the “Private Dailies Account ”). The Premium Account will be a cloud instance of eMAM Online, for which the User must pay a monthly fee, as directed on the Site. The terms and condition of the account shall be governed by eMAM Terms of Us as published at http://www.empressmam.com/documents.htm unless the parties have previously executed a Master Services Agreement, Statement(s) of Work, or other agreements. In the event of a conflict between agreements, the terms herein shall govern. The Private Dailies Account gives the User the right to publish a subset of their clips to the Site’s public portal. Private Dailies Account users have access to additional features within the Site, including the ability to publish their own online library, share clips by email and social media, and download certain content.
RBH shall receive a commission from Sellers when Buyers purchase Content posted to the Site. The commission will be 35% (thirty-five percent) of all payments for the purchase for Content that is bought for use by the Buyer or paid for the Seller.
The commission is payable on all monies or things of values received directly or indirectly as compensation for the Content or services agreed to be rendered or agreed to be rendered during the term of this Agreement including and merchandising fees, royalties, or ancillary sources of income that arise out of this contract and relationship.
Seller Content is automatically submitted to Real Big Hits Funding Corp contests.Please see Contest rules for rules and conditions.
The Site provides a forum for you to sell original content owned by you or by an organization or individual that grants you permission to market the Content to prospective buyers. By submitting Content, you as the Content Provider are offering the public the opportunity to enter into a contract with you. Upon receiving interest in your Content from a Buyer, you agree to enter into good faith dealings and negotiations, if such negotiations are necessary, with the Buyer for the purchase of the Content. While potential Buyers must conduct good faith dealings upon expressing interest for a Seller’s Content, any potential Buyer has no obligation to enter into any contract or agreement with you, and neither party shall have the power to bind or obligate the other party, except as specifically set forth in this Agreement.
You understand and agree that RBH (i) does not warrant that you will receive any employment or job offers through the Site; (ii) is not responsible for any purchase offers, or employment (including contract work and other work for hire) offers, screenings, decisions, and actual employment, contract work and other work for hire presented by third parties; (iii) does not guarantee the accuracy, completeness, validity, or timeliness of any information or payments of third parties, including Buyers; (iv) shall not be responsible for any Material posted by third parties; (v) is neither your employer, contractor, agent, or manager in any regard - you shall use your own judgment, caution, and common sense in evaluating any prospective offers and information provided by any third party; (vi) reserves the right to reject, cancel, interrupt, remove, or suspend a contest at any time and for any reason. RBH is not liable for any damages as a result of those actions, and is under no obligation to comment on the reasons for any of those actions.
Seller understands and agrees that a Buyer may presently have under consideration, in development or in production, concepts and projects that are similar to the proposed Content, and that Buyer may independently conceive and/or receive or be pitched future concepts and projects that are similar to the Content. Seller agrees that Buyer retains all rights to develop and/or produce such concepts and projects either alone or with a third party without any obligation to Seller (financial or otherwise). This restriction includes programming that has similar (but not identical on an episode by episode basis) subject matter as the Content.
For purposes of clarification, nothing herein shall limit or derogate from Buyer’s rights to develop, produce or exploit any program or production of the same or similar subject matter independently and/or with any other third party or its rights as a member of the general public with respect to the subject matter of the Content.
RBH shall not be responsible for the payments of any fees or expenses between the Seller and any third party, and is under no obligation to become involved in any disputes between any Users, or between Users and any third party, arising in connection with services between the Seller and any third party.
RBH encourages you to maintain backups of any Content submitted to the Site. RBH shall not be liable for the deletion, loss, or unauthorized modification of any Content.
The Site provides a forum for you to find creative ideas, video, or other content for purchase, licensing, funding, or coproduction. Regardless of the engagement, the term “Buyer” is used in this Agreement. Buyers can enter the site to review potential projects at no obligation. You warrant that you are a bona fide buyer and, if applicable, are authorized to act on behalf of the company or organization you are representing. You understand that while Sellers must act in good faith and fair dealings, any potential Seller is under no obligation to sell Content or other information, or to enter into any contract or agreement with any Buyer, and neither party shall have the power to bind or obligate the other party except as specifically set forth in this Agreement.
Any Content uploaded to the Site may be used only in Site for the purposes described herein. Digital copies of the Content may not be downloaded, transferred, or otherwise copied in any way.
Buyers may not contact Sellers for any purpose. Inquiries and discussions must be made directly to RBH unless otherwise authorized.
By offering to purchase Content from a Seller, you agree to be bound by this entire Agreement. Buyers also agree to the following terms: (i) Buyer will render payment on or before the time specified in the Agreement between the Buyer and the Seller, but in no event more than 180 (one hundred eighty) days from the acceptance date of an offer, (ii) you have sufficient funds or credit available at the time of your offer or your acceptance of the Seller’s offer, (iii) and that you, upon expressing interest in a Seller’s Content, will conduct fair dealings and good faith negotiations, if necessary, with the Seller for the purchase of the Content.
The Company understands the importance of confidential Buyer information and business practices, and will take all commercially reasonable efforts, at its sole discretion, to protect such information.
Upon termination, RBH will have 60 days to remove your Content, and discontinue licensed use of your Content within a commercially reasonable period. RBH will eligible for commissions for Content loaded to the site for a period of one year after submission or three months after Content is removed, whichever is longer.
By Submitting Content on the Site or otherwise through the Service, you agree to the following terms: The Company will not have any ownership rights over your Content. But, the Company needs the following license to perform and market the Service and applicable contests on your behalf and on behalf of its other Users and itself. You grant to the Company, for good and valuable consideration, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to, and to allow others acting on its behalf (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your Content and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Service, (b) the Company’s, and its successors’ and assigns’, businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service, including contests, in any media format and through any media channels including, without limitation, third party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the Content and Trademarks in connection with the Service; (iv) use and publish, and permit others to use and publish, the Content, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service; and (v) delete, edit, modify, reformat, excerpt, or translate any of your submitted Content. The foregoing license granted to the Company does not affect your ownership or license rights in your Content, including the right to grant additional licenses to your Content.
You recognize that RBH cannot guarantee the identity of any other Users with whom you may interact while using the Service. All Content you access through the Site is at your own risk, and you will be solely responsible for any resulting damage or loss to any party.
In accordance with the Digital Millennium Copyright Act, RBH has adopted a policy of terminating accounts that are repeat infringers of the property rights of others. RBH may terminate User accounts based on a single infringement. If you believe your work has been used in a way that constitutes copyright infringement, please notify RBH. You must include the following information (see U.S. Copyright Act, 17 U.S.C. §512(c)(3) for more information): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site, sufficient for RBH to locate the material; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Please consult with an attorney if you believe your copyrighted work is being infringed.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify RBH. Your counter-notice must contain the following information (see U.S. Copyright Act, 17 U.S.C. §512(g)(3) for more information): (i) a physical or electronic signature of the user of the Services; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and (iv) the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under or an agent of such person.
If you believe that your copyrighted work or trademark has been uploaded, posted or copied to the RBH Site in a way that constitutes copyright or trademark infringement, please contact RBH by email at firstname.lastname@example.org or by regular mail at:
You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. Unauthorized use of the RBH Materials may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited.
Violations of system or network security may result in civil and/or criminal liability. RBH will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users and their affiliates who are involved in such violations.
The Site and/or Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. You recognize that the Company does not control those third-party websites, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, and appropriateness, or any other aspect of those other websites or resources, and the information contained therein. The inclusion of any link to the Site on another website or resource does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
RBH cannot guarantee and does not promise any specific results from using the Site or its Services. You agree and understand that RBH has no special relationship or fiduciary duty to you. RBH has no obligation to take any action regarding which users gain access to the Site, what content Users access through the Site, how Content submitted to the Site affects different Users, or what actions Users may take as a result of viewing Content on the Site. The Site may contain, or direct you to third-party websites and resources containing, information or images some individuals may find offensive or inappropriate. RBH makes no representations concerning any Content on the Site or any third-party site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Site or third-party sites.
RBH does not screen or sensor User submitted Content, and does not control the actual transaction between Buyers and Sellers. As such, RBH is not responsible for the User submitted Content, or its quality, and does not assume any obligation to remove or screen any User submitted content from the RBH Site to the fullest extent permissible by law.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC §2701-2711): The company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
To the fullest extent permissible by law, the maximum liability of the Company or a Buyer arising out of or in connection with any RBH Site or Seller’s use of the RBH Services, regardless of the cause of action, will not exceed one hundred US Dollars ($100.00).
To the extent permissible by law, in no event shall the Company, its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Service for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), or for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
Accessing the Site is prohibited in territories where the Content is illegal. If you access the Site or its Services from such locations, you do so at your own initiative and are responsible for compliance with local laws.
By using the Services, you consent to receive from RBH all communications including notices and legally required disclosures electronically; RBH may provide such notices by posting them on the Site. If you desire to withdraw your consent to receive such notices electronically, you must discontinue your use of the Services.
The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, and acts of God.
The Company may sell, transfer, assign, or otherwise dispose of their rights under this Agreement, in whole or in part, to any person, firm or corporation. In such event, the User shall be bound by the terms of this Agreement for such buyer, transferee, or assignee.
This Agreement and all related transactions and exhibits shall be construed and governed according to the laws of the State of New York, (excluding conflict of law provisions). For any action brought with regard to Services covered by this Agreement the venue shall be at the Company’s discretion. You agree that RBH and its Services are deemed a passive website that does not give rise to general or specific personal jurisdiction in any jurisdiction, other than the State of New York, over RBH or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders. User irrevocably waives any objection to the jurisdiction or venue and use of the Site constitutes doing business in the State of New York. Unless express definition herein or the context hereof otherwise requires, all terms used in this Agreement which are defined by the Uniform Commercial Code, as adopted in the State of New York, shall have the same definition and meaning for purposes of this Agreement and all related transactions and documents. The United Nations Convention on Contracts for the International Sales of Goods shall not apply to this Agreement.
Real Big Hits Funding Corp. (“RBHFC”) is a New York based and established non-profit organization created to provide funding and promotion for creative individuals and small organizations. It uses sponsorship, fund raising, and other activities in order to establish live or online contests (“Contest”), promotional events, and marketing channels to reach its goals. Contest rules are listed below. Beyond operational and marketing expenses, all funds provided to RBHFC will be spent on running Contests and funding Contest winners.
Only active Seller Content on the portal prior to the start of the judging process can be considered for such Contest. All Content submitted to realbighits.com will be considered as submissions for the Contest unless the Seller sends notification by email to email@example.com by mail to Real Big Hits /47-42 Davis Court/ New York, NY 11101, or if the Contest is governed by any other materially different Contest rules, terms, or conditions than stated herein. Sellers may also withdraw Content from the Contest by removing it from the site before judging begins.
By submitting Content to any Contest to RBHFC and/or the Real Big Hits website, each participant hereby grants to RBHFC and Real Big Hits a worldwide, non-exclusive license to use that Content solely for the purpose of the promoting and running the Contest in any media and, specifically, to make material available via realbighits.com and other media.
All Content must be original. Video files must be upload to a realbighits.com Seller account according to the procedures, specifications, and conditions listed therein.
If any participant uses any talent whose performance is subject to a collective bargaining, guild, or similar agreement, such participant must be able to provide evidence that such talent agrees to accept scale or minimum rates (if your Submission is used in a manner subject to another agreement), that the talent’s compensation is fully paid up and allows for usage in all media worldwide for all lawful purposes in perpetuity.
Real Big Hits staff will screen applicants to identify up to ten finalists in for Fiction and Non-Fiction categories. These finalists will be notified by email of their status as finalists. The finalists’ entries will then be screened by a panel of judges representing media and broadcast companies in the summer of 2016. They will judge the finalists and choose winners in each category. Criteria for judging will be creativity, originality, and production quality. The decisions of the Real Big Hits staff and the judges are binding and final.
Future contests may involve a live event. RBHFC may give finalists the opportunity to make brief comments about their submissions. Material from the finalists will be played publically at the event to the judges and the public attendees. RBHFC may, at is sole option, stream the event as well. RBHFC will publish certain information, including the name, city, state, and country of the Contest finalists and/or the Contest winners. If a Contest finalist and/or Contest winner is unwilling to have material, Content, and information shared publically or streamed, then they must contact Real Big Hits by email firstname.lastname@example.org or by mail to Real Big Hits /47-42 Davis Court/ New York, NY 11101. A finalist choosing not to participate will be removed from consideration, and another finalist will be selected.
RBHFC will announce the Contest prizes in the advance of the show. Contest prizes may be subject to alteration without notification and for any reason. Winners of any contest administered by RBHFC, Real Big Hits, or their parent companies, subsidiaries and affiliates may be required to complete and submit an IRS Form W-9 with a valid US Social Security Number, or the equivalent thereof, for receipt of any prize valued at six hundred US dollars ($600.00) or more, or for any prizes awarded by RBH in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or the equivalent may, at RBHFC’s sole discretion, result in forfeiture of the prize for which such person is eligible.
Participants agree to provide their name, city, state, and country, and have such information released for the purpose of the publicity for RBHFC and Real Big Hits. By submitting entries to any RBHFC Contest, Participants grant RBHFC and Real Big Hits the right to use their name, likeness and/or biographical materials in any way using any method for the purposes contemplated herein. Participants agree that such information provided to RBHFC will be only true, accurate and complete information. Finalists agree that they may be photographed and their voice recorded and the likeness or description of their Material may be shared publically for promotional purposes. RBHFC will make reasonable efforts to not allow video recordings or digital copies of the Contest entries that are screened during the Contest’s Live Event.
Finalists and winners are encouraged but not required to participate in a reasonable number of customary promotional and publicity activities (including public appearances, press junkets, and case studies). As participation is not required, the finalists and winners shall be responsible for all related expenses, including, but not limited to, travel, lodging, meals, and transportation. Participants and winners do not have permission to use the logos, brands, or intellectual property of any sort from any of the contest sponsors without their express written permission.
RBHFC reserves the right to suspend, cancel or modify a Contest at is sole discretion and for any reason, including, but not limited to, fails, lack of entrants, funding, judges, or any acts of God. If for any reason the Competition is canceled or cannot be administered or completed as planned, RBHFC reserves the right, at its sole discretion, to determine the winners by any process it deems fair and equitable, or schedule the contest for a later date. RBHFC has no responsibility or liability if the event is cancelled or changed.
These terms and conditions are governed by and construed and performed in accordance with the laws of New York and the United States, whose courts shall be the courts of exclusive jurisdiction.