SAHARA DIGITAL CINEMA – TERMS AND CONDITIONS OF SERVICE

Access to, and use of, the Sahara Digital Cinema service is provided subject to the following terms and conditions of service.

We would ask that you please read these terms and conditions of service carefully as your use of the site and Sahara Digital Cinema service constitutes acceptance of these terms and conditions of service.

If you do not agree to the terms and conditions, DO NOT use the site or services.

Sahara Digital Cinema may, in its sole discretion, modify or revise these terms and conditions at any time by updating this web page. You are bound by any such modification or revision and should visit this page periodically to review the terms. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended

USING THE SAHARA DIGITAL CINEMA SERVICE

The terms “Content”, “User Submitted Content”, “User Submissions” and “Material” refer to, but is not limited to, all material submitted to Sahara Digital Cinema for the purpose of presentation, promotion, reproduction and distribution.

This includes, but is not limited to, all material submitted to the Sahara Digital Cinema service in the form of Assets for the purpose of advertising and promoting uploaded Content.

You own your Content and can request to have your Titles and Content removed at any time.

Sahara Digital Cinema will deduct a 20% flat-rate commission on all sales, rentals and revenue generated by Sahara Digital Cinema with respect to Titles and Content submitted to the service.

The main purpose of Sahara Digital Cinema is to get your Content shared, seen, and subsequently purchased. So we encourage your previews/samples/trailers to be shared. By submitting your Content, you give us express  permission to get your film in front of as many eyeballs as possible.

Sahara Digital Cinema will retain the original presentation of your Material as submitted and will not apply any of it’s Watermarks or Company logos to your Title Content.

Sahara Digital Cinema will credit itself as an Online Distributor with respect to Titles under it’s management. This credit may be utilised on any of the Sahara Digital Cinema’s dedicated Social Media Platforms and/or Distribution Networks including but not limited to: AmazonPrime, IMDbPro, VimeoOnDemand, Instagram, Facebook and Twitter.

WARRANTY DISCLAIMER

YOU AGREE THAT Your use of this Website and Service is at your sole risk.

Sahara Digital Cinema provides the services on this websites on an “as is” and “as available” basis.

SAHARA DIGITAL CINEMA MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES, PLAYER, DISTRIBUTION TOOLS, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Without limiting the foregoing, Sahara Digital Services and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not represent or warrant that (i) the Sahara Digital Cinema websites and services will be uninterrupted, timely, secure or error-free, (ii) the defects in the Sahara Digital Cinema websites and services will be corrected, (iii) the Sahara Digital Cinema Technology or the servers that operate the Sahara Digital Cinema websites and services are free of viruses or other harmful components, (iv) the data, results and information within the Sahara Digital Cinema websites and services will be correct, accurate, adequate, useful, reliable or otherwise, (v) the Sahara Digital Cinema websites and services will meet your needs, requirements or expectations; and (vi) that it’s not Sahara Digital Cinema’s responsibility to ensure the user has complied with the relevant labelling and classification requirements within any given country they choose to sell their Content into, as it’s the sole responsibility of the uploader of the Content to provide corresponding warranties and indemnities.

2. INDEMNITY

You agree to defend, indemnify and hold harmless Sahara Digital Cinema, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Sahara Digital Cinema Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Sahara Digital Cinema Website; (v) your violation of any countries labelling and classification requirements.

3. INTELLECTUAL PROPERTY & USER SUBMITTED CONTENT

You shall be solely responsible for your own User Submissions and the consequences of posting and/or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary classifications, labelling, licenses, rights, consents, and permissions to use and authorise Sahara Digital Cinema to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms and Conditions.

You acknowledge that Sahara Digital Cinema owns all the intellectual property rights to the Website and that any reproduction, distribution or publication of any content is prohibited without the express written consent of Sahara Digital Cinema.

You retain all Ownership rights over the material you provide to the Sahara Digital Cinema Site and Service.

However, by submitting Title Content, creating your Account and/or Profile and Uploading Video and/or Audio Content to the public areas of Sahara Digital Cinema, you hereby grant Sahara Digital Cinema a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submitted Content in connection with the Sahara Digital Cinema Website and Sahara Digital Cinema’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Sahara Digital Cinema Website (and derivative works thereof) in any media formats and through any media channels.

You also hereby grant each user of the Sahara Digital Cinema Website a non-exclusive license to access your User Submitted Content through the Website, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Website and under these Terms of Service.

The above licenses granted by you in User Submitted Content terminate within a commercially reasonable time after you remove or delete your User Submitted Content from the Sahara Digital Cinema Service. You understand and agree, however, that Sahara Digital Cinema may retain, but not display, distribute, or perform, server copies of User Submitted Content that have been removed or deleted. The above licenses granted by you in User Submitted Content are perpetual and irrevocable.

Sahara Digital Cinema disclaims any liability in connection with the ownership rights in User Submitted Content and you hereby expressly release Sahara Digital Cinema from any and all liability, in connection with ownership of User Submitted Content, and expressly waive any claim, demand, contention or suit against Sahara Digital Cinema in connection with disputes over ownership rights in User Submitted Content. Sahara Digital Cinema will remove all User Submitted Content if properly notified that such User Submitted Content infringes on another’s intellectual property rights. Sahara Digital Cinema reserves the right to remove User Submitted Content without prior notice.

In connection with User Submitted Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Sahara Digital Cinema all of the license rights granted herein.

If you believe your copyrighted content is being infringed upon email our dedicated email address at: dmcadisputes@sahararoad.com

4. ILLICIT AND/OR OBJECTIONABLE MATERIAL

Pornography is not permitted to be uploaded and is deemed Illicit Material. Uploading files and/or Content involving child exploitation is also strictly forbidden and users involved in such file uploads will be permanently removed from the site as well as being reported to the authorities. (National Center for Missing and Exploited Children).

5. PURCHASING VIDEO CONTENT

Sahara Digital Cinema provides a service that allows Individuals, Companies, Businesses, Agencies and any other Organisation or Groups referred to as Customers to purchase Video and Audio Content. This service is meant to be a positive one for both the Customer and the Content Creator culminating in satisfying both parties.

Sahara Digital Cinema may not always be able to deliver Customers and sales to the Content Creator. While we seek to enlist only the highest quality Content Creators, we do not guarantee the quality or the credentials of the Content Creators who offer their Content. As Sahara Digital Cinema is a conduit for matching Customers with Content, we are not responsible for any transaction that may occur between you and/or your company and a Sahara Digital Cinema participating Content Creator or Customer. Sahara Digital Cinema does not guarantee the quality, safety or legality of the information provided or the products and services sold. You should exercise as much caution as you would typically exercise with any purchase or sale of products or services.

Should you have a dispute with any Content Creator or Customer, you must address such dispute with the Content Creator or Customer directly. You hereby agree to release Sahara Digital Cinema (and our employees, contractors and agents) from any and all damages or claims (including consequential and incidental damages, loss of profits or business) arising out of or in any way connected with such disputes and your transactions with Content Creators or Customers.

6. YOUR USE OF SAHARA DIGITAL CINEMA SERVICES

Sahara Digital Cinema enables you to initiate transactions for the purchase and sale of Content. However, Sahara Digital Cinema is not the supplier of Content, nor is it a third party to any transactions involving such products or services. Sahara Digital Cinema facilitates the purchase of Content from participating Content Creators.

It is agreed that your use of the Sahara Digital Cinema Website and tools is for purchasing or selling purposes and not for any other purpose including advertising or competitive intelligence. You acknowledge that Sahara Digital Cinema hosts your Content and has the right (but not the obligation) in our sole discretion to deny any Content that is in violation of these terms and conditions. If it is determined or suspected by Sahara Digital Cinema in its sole discretion that you are misusing or attempting to misuse or circumvent the Sahara Digital Cinema services or system, or are using or attempting to use it for any inappropriate purposes, including but not limited to activities such as hacking, fraud, advertising, or spamming, Sahara Digital Cinema reserves the right, in its sole discretion, to immediately terminate your access without notice and to commence legal actions or proceedings to seek remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

7. FEES

Content Creators agree to pay Sahara Digital Cinema a success fee of 20% on successful sale, rental or licensing of Content. Content Creators grant Sahara Digital Cinema permission to deduct their fee at the time of transaction. Content Creators are responsible for any transaction fees charged by PayPal. Sahara Digital Cinema has no control over this fee and Content Creators agree this is a third party fee outside of Sahara Digital Cinema’s control. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sahara Digital Cinema as a result of this Agreement or use of this site. This Agreement is governed by the laws of the United Kingdom. All our services are provided in the United Kingdom and are under the law of the United Kingdom. You may take legal action against us only in a court in the United Kingdom. This agreement constitutes the entire agreement between you and Sahara Digital Cinema with respect to this site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Sahara Digital Cinema with respect to this site.

8. TRAILER POLICY

i) Always take into consideration that if you want to get your trailer into cinemas, especially in the US, the MPAA has a limit of two minutes and thirty seconds for theatrically released trailers. There’s no limit for screening online or being advertised on DVD/Blu-ray’s, but for independent filmmakers, you can’t afford to create multiple trailers. So stick to that time limit as a good rule of thumb.

ii) To get an MPAA Green Band, which is that green screen you’ll see at the start of a trailer, means it has been deemed appropriate for ‘all audiences’, or at the very least appropriate for viewers of the film that ‘accompanies this feature’. So limit or take out all, foul language, sexual content, drug use, violence, or any other objectionable imagery, otherwise you’ll be slapped with the Red Band, which means it can only play in front of R Rated films.

Sahara Digital Cinema follows the exact same ideology when it comes to trailer content, and if your trailer wouldn’t get a Green Band in the US, than most likely the Sahara Digital Cinema moderators will block it from being used to advertise your film. A well-crafted Green Band trailer, for any genre, can still be made for an R Rated film, without taking anything away from its marketing potential.

9. CONTENT POLICY

Sahara Digital Cinema supports freedom of expression when it comes to quality Content, however, there still needs to be boundaries for what is considered appropriate Content on Sahara Digital Cinema, and even in the context of our very own rating system, there needs to be limits put in place. Defining these limits can be difficult, as artistic expression and its context needs to be taken into consideration, and that’s why each case will be dealt with on its merits.

As a guide, any Content that is deemed pornographic, hate speech, exploitation of children, extreme violence, and affronts to human decency, will most likely see your Content removed from the Sahara Digital Cinema service.

Any feedback from the Content Owner will be taken into account if a challenge on our decision is put forward.

Note: Some countries have strict laws and policies on ratings for video, film, music and audio content, be it theatrically, DVD/Blu-ray, or digitally, so regardless of the rating your content may have in your native country, it may not be allowed to sell digitally in some countries until it has an official rating from them.

For further information about this, and how to get your film rated in other regions, please contact us directly for help.