These Submission Terms are a legally-binding agreement between you and Kaleidoscope VR Inc. (referred to as “we,” “us” or “Kaleidoscope”). Please review carefully. By submitting your project to us, you agree to these Submission Terms.
1.) We may select your project to be included in Kaleidoscope festivals, showcases, and tours (subsequently referred to as "events"), but are not obligated to.
2.) Your project will be submitted to the Transport VR platform operated by our "Powered By" sponsor WEVR, Inc. WEVR and Kaleidoscope are separate companies, and you will need to agree to separate legal terms to use Transport.
3.) You will continue to be the owner of your project. Our rights are limited to those specified below.
4.) You agree that you have all necessary rights to submit your project to us and to allow us and the presenters of Kaleidoscope to show the project at Kaleidoscope events throughout the world. You will indemnify us and the presenters of Kaleidoscope events for any claims or liability relating to your project.
5.) If your project is selected for Kaleidoscope events, we may use your name and photo, images from your project and a synopsis of your project on our websites and in other materials.
SUBMISSION OF YOUR PROJECT
You have read and agree to the Kaleidoscope Submission Guidelines. You are submitting your project for consideration to be included in Kaleidoscope events, which may be held in various countries at various times (and may include Kaleidoscope “World Tours”, "Festivals" or "Showcases"). Kaleidoscope events may be produced by us or by our sublicensees or assignees. If your project is chosen, it may also be included in a special Kaleidoscope channel on Transport, where it will be publicly available.
If your project is chosen by Kaleidoscope, you agree that it will remain publicly available on Transport for at least ninety (90) days from the last date of any event that we include your project in. If your project is not chosen and you wish for it to remain on Transport you will need to make that request to WEVR. If WEVR agrees, we may include your project in the Kaleidoscope “Community Projects” channel.
If your project is chosen by Kaleidoscope and we or the presenter of any Kaleidoscope event have announced that it will be included in any of our events, you may not withdraw the project until after any such event is over.
Please note that if the Transport submission platform is not available at the time of your submission, we may allow you to upload your project to Kaleidoscope, and we may then further upload your project to Transport once it is available. You agree that our assistance to upload to Transport will not result in Kaleidoscope being liable for anything relating to WEVR or Transport.
You grant us the rights in these Submission Terms in consideration of the benefits that you may receive as a result of being associated with Kaleidoscope and/or any Kaleidoscope events. You agree that none of Kaleidoscope, the presenter of any Kaleidoscope events, or WEVR has any obligation to compensate you if your project is used in a Kaleidoscope event, or for any of the rights you grant to us in these Submission Terms.
YOUR CONTINUING OWNERSHIP OF THE PROJECT; LIMITED RIGHTS TO KALEIDOSCOPE
Please note that nothing in these Submission Terms gives Kaleidoscope any ownership rights in your project. Our rights are limited to the right to exhibit the project and to display excerpts from the project, and only as specifically provided in these Submission Terms. (However, you acknowledge that Kaleidoscope may from time to time develop its own content, which may be similar to your project in theme, plot, format or in other ways.)
You agree that your project is an original work entirely created by you, or if not that you have obtained all necessary rights and licenses to publicly exhibit the project through our events and Transport, throughout the world, and to grant us the rights in these Submission Terms. You have obtained any necessary clearances relating to any content (including any music) and from any persons appearing in the project. You will indemnify, defend and hold harmless Kaleidoscope and the presenters of Kaleidoscope events, and their officers, directors, shareholders and business partners from any claims of any nature relating to your project or Kaleidoscope’s use of the images and other items provided in Our Right to Refer to You and Use Excerpts below.
OUR RIGHT TO REFER TO YOU
AND USE EXCERPTS
You agree that we and the presenters of Kaleidoscope events may use your name, image and any biographical information you provide, as well as the title of your project and a synopsis of the project, to promote Kaleidoscope events and in any other publicity and promotion relating to Kaleidoscope, online and offline. You also grant us and the presenters of Kaleidoscope events a non-exclusive, royalty-free, worldwide, assignable, perpetual license to display and exhibit excerpts from your project on our websites and in any other publicity and promotion relating to Kaleidoscope and Kaleidoscope events, online and offline. You agree that these rights and license will continue after the events are over, even though your relationship with Kaleidoscope may have ended.
You agree to reasonably cooperate with requests from us for video interviews and statements regarding your project and the festivals, which we may use as provided above.
You and Kaleidoscope agree that any dispute or claim between us relating in any way to these Submission Terms, your project, our events, or our use of items provided above will be resolved by binding arbitration, rather than in court. However, you may assert claims in small claims court if your claims qualify. The American Arbitration Association will conduct the arbitration, pursuant to its Commercial Arbitration Rules, in San Francisco, California, USA. The Federal Arbitration Act and federal arbitration law apply to this agreement. You and Kaleidoscope will share the arbitration costs (other than attorneys’ fees); however, the arbitrator may allocate such costs as part of the arbitration award.
We may sublicense and assign our rights and obligations under these Submission Terms without your consent.
These Submission Terms are governed by the laws of the State of California, USA, without reference to choice of laws principles. If despite the previous paragraph any dispute between us should be subject to court litigation, you and Kaleidoscope agree and submit to the exclusive jurisdiction of the state and federal courts with jurisdiction over San Francisco, California. The prevailing party in any dispute arising out of or relating to these Submission Terms (including a dispute submitted to arbitration) will be entitled to its costs and reasonable attorneys’ fees.
These Submission Terms are the entire agreement between you and Kaleidoscope and may only be modified in writing.