Summary
Portable Comics is conceived as a way of assisting illustrators, graphic designers and artists to distribute their work and further promote their careers as creators and innovators. We see the festival as an alternative means of promoting independent filmmakers outside of traditional cinema and film festival models.
When you submit your work to Portable, you grant us a non-exclusive license in perpetuity to distribute your work through the Portable website, through other online partner portals such as MySpace and YouTube as well as mobile devices including mobile phones, iPods and Tablets.
This also includes presenting your work for promotional activities that may include editing elements of your work into promotional footage or screening it at workshops, launches or seminars, or other public screen events or presentations. We don’t own your work, you just grant us a non-exclusive license to use it.
In the event that a third party expresses interest in licensing your work we can act on your behalf or simply pass the connection onto you. It’s in your hands and we are here to help you.
You will notice some pages are “sponsored” or include advertising. Any revenue generated from this kind of sponsorship or advertising is used to support the platform, and to help promote your work to the world. And by the way, we are completely independently owned and run…
General
Submitting your work to “Portable Comics “ or “PORTABLE” constitutes full and complete acceptance of the terms of this agreement;
Portable Comics has the right to change the terms and conditions of this agreement any time, however we will notify you of the changes;
PORTABLE will post the changes on its website(s). If you disagree with any updated terms in regards to your content, you’ll need to let us know in writing; otherwise, your acceptance of updated terms and conditions will be assumed.
Submitting Your Work
PORTABLE will use the term “content” to mean and refer to any and all content, illustrations, videos, films, media, captures and all other materials, such as publicity stills or other supporting content you submit to us;
Each time you submit content to the Portable Comics for selection, you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of PORTABLE’s Terms of Use, including, without limitation, this Agreement;
To be considered for the Portable Comics, your content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission and these can be found on the website. In order to submit content, you will also need to meet PORTABLE’s Age Requirements and your content must meet PORTABLE’s Requirements;
We will not be responsible for lost, damaged, misdirected, unusable or unreadable content.
Age Requirements
The Service is only available for use by persons who are 13 years of age or older. If you are considered a minor where you live (generally under 18 years of age) and you submit content for selection in the Portable Comics, you are confirming to PORTABLE that you have received your parent’s/guardian’s express consent to do so and that your parent/guardian (i) has read and, on your behalf, agrees to be bound by this agreement; and (ii) understands, agrees and shall be fully responsible for your submission.
Content Requirements
You are solely responsible and liable for the content you submit (and the consequences thereof) made under your name, user name, e-mail address, password, and your registration or profile information. The content does not reflect the views of the Portable Comics. PORTABLE reserves the right, at any time, without notice and without limiting any and all other rights we may have under this Agreement, at law or in equity, to remove and delete your content from our website(s);
You agree you will not submit any content that is libelous, defamatory, obscene, pornographic, sexually, racially, culturally, or ethnically offensive, harassing, intimidating, threatening, hateful, discriminatory or abusive. You also agree you will not submit any content for commercial or business purposes because it may adversely affect PORTABLE’s ability to gain support from third parties which assist the website to continue;
PORTABLE reserves the right to delete or reject any content that PORTABLE in its sole discretion deems abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights. PORTABLE reserves the right to edit your content for the purposes of promoting the Website. PORTABLE reserves the right to remove and take down your content without notice if any content is in violation of any of the terms or conditions of this Agreement. If PORTABLE receives notice of any claim of infringement that satisfies specific legal requirements, PORTABLE may remove content associated with such claims and will notify you if your content is removed;
In regards to intellectual property, you are fully responsible for the clearance of any music, sound, images or graphics contained in your entry. If any record company or music publisher contacts us about an entry’s music rights, we will refer that company to you so be sure to obtain all the appropriate clearances beforehand.
Copyright, Content Requirement Violations and Breach of Agreement
If you believe any content on www.portablecomics.tv violates the copyright of any other party or violates the terms of this Agreement or in any other way infringes upon the rights of others, you can notify PORTABLE by email at comics@portable.tv.
Rights Granted to Portable Comics
In connection with the content you submit to us for consideration in the Portable Comics and associated publications, you are authorising PORTABLE to host, cache and store your content and grant a non-exclusive, worldwide, perpetual and royalty free right and license to use and distribute your content online through partner IPTV networks or similar, and through mobile phone networks;
The rights described in this agreement and granted to PORTABLE commence immediately upon submission of content to PORTABLE and continue indefinitely. You may write to PORTABLE at any time and request termination of the nonexclusive license, whereupon PORTABLE will remove your content from www.portablecomics.tv and all associated distribution within 30 days;
PORTABLE has the right to include your work in it promotional activities. This may include, but is not limited to, the creation of show reels and advertisements promoting the Portable Comics, physical screenings, viral campaigns, presentations and product pitches;
PORTABLE has the right to compress, transcode, and package your work for portable distribution including, but not limited to, iPod, Tablet and mobile formats;
PORTABLE has the right to display your work at Portable Comics and partner events, including screenings and launches associated with the festival and otherwise;
PORTABLE has the right to assign or sub-license any and all rights granted to PORTABLE to other third party online websites as well as mobile phone operators or mobile phone content aggregators;
PORTABLE has the right to assign or sub-license any and all rights granted to PORTABLE to third party terrestrial television networks that partner with the Portable Comics; and
These currently include the ABC (Australia) and TIVO (Australia).
If PORTABLE receives any profit from assigning or sub-licensing your content, PORTABLE pass on fifty percent of the revenue received directly to you. PORTABLE may contact you to obtain or clarify rights for television distribution of your work;
PORTABLE has the right to package and distribute your work as part of a promotional Portable Comics publication.
Ownership
PORTABLE does not claim any ownership rights in the content that you submit to us;
PORTABLE retains all right, title and interest in and to its website(s), including, but not limited to all associated intellectual property and proprietary rights existing anywhere in the world and you acquire no ownership, proprietary or other rights, title or interest in or to the www.portablecomics.tv, any software or other information or materials we provide or make available to you;
If PORTABLE provides you or makes software available to assist you in any download, upload or other process, the software is provided “as is” without representations or warranties of any kind;
You acquire no rights in or to such software other than the limited, revocable, non-exclusive and non-transferable license to use that software solely in connection with our website(s);
PORTABLE will not be liable for malfunctions, loss of data, damage to hardware, programs or devices resulting from use of any software or interaction with its website(s)
You must use your own programs and firewalls to scan all software, to prevent intrusion, viruses, other malicious code and damage. PORTABLE is not responsible for any damage if you fail or are unable to do so;
You must own the rights to the content you submit and each element of the content you submit and the right to grant all of the authorisations, rights and licenses described in this Agreement. If you do not exclusively own all of these rights, you must have all necessary authorisations, permissions, approvals, consents, rights and licenses from the owner(s) to enter into this agreement, perform and comply with all of its obligations.
Financial Consideration
Upon entering into this agreement, PORTABLE reserves the right to sell advertising in connection with your content and otherwise benefit from and/or realise revenue in connection with your content;
Indemnification
Your indemnification obligations under the Terms of Use include any third party claims arising from or caused by your content, the submission of your content, PORTABLE’s use of your content consistent with the rights granted to PORTABLE by this agreement and/or any use you may make of the service.
Disclaimer and Limitations of Liability
YOUR USE OF OUR WEBSITE(S) IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICE.
PORTABLE DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORISED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. PORTABLE EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.
Whole of Agreement
This Agreement, together with our Terms of Use, is the entire agreement between you and PORTABLE relating to your submission of content for use in the Portable Comics on our website(s) and the subject matter of this agreement supersedes any prior or inconsistent agreements;
PORTABLE may terminate this agreement with you, your registration and your right to use our website(s) at any time without notice to you.
Law That Applies to This Agreement
This agreement is made in the State of Victoria, Australia, and is governed by the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.