1.1 Except to the extent expressly provided otherwise, in this Agreement:
"Filmmaker" means the person providing footage and captions to Ciné Souk;
"Agreement" means this agreement including any Schedules, and any amendments to this Agreement from time to time;
"Client Materials" means all works and materials supplied by you to Ciné Souk for incorporation into the Deliverables or for some other use in connection with the Service;
"Deliverables" means video files OR comments provided as captions;
"Effective Date" means 21 December 2016;
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or not registrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Schedule" means any schedule attached to the main body of this Agreement;
"Services" means the services specified in Part 1 of Schedule 1 (Services particulars);
"Term" means the term of this Agreement, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2; and
"Third Party Materials" means the works and/or materials comprised in the Deliverables (excluding the Client Materials), the Intellectual Property Rights in which are owned by a third party, or which the parties agree in writing shall be incorporated into the Deliverables].
2.1 The filmmaker will be credited as the creator of the work produced by Ciné Souk on its behalf
3.1 This Agreement shall come into force upon the Effective Date.
3.2 This Agreement shall continue in force indefinitely
4.1 The filmmaker shall provide the services to the client in accordance with this agreement.
4.2 The filmmaker shall provide the services with reasonable skill and care.
5.1 The filmmaker shall deliver the deliverables to the client electronically.
5.2 Ciné Souk must promptly, following receipt of a written request from the filmmaker to do so, provide written feedback to the filmmaker concerning the film project.
5.3 The filmmaker shall [ensure] OR [use its best endeavours to ensure] OR [use reasonable endeavours to ensure] that the Deliverables are delivered to the Client in accordance with the timetable set out in Part 3 of Schedule 1 (Services particulars).
6.1 The filmmaker hereby grants to Ciné Souk a non-exclusive, worldwide, perpetual and irrevocable licence to copy, store, distribute, publish, adapt, edit and otherwise use the Deliverables(excluding Third Party Materials) for the following purposes:
Production of a video blog series
Production of a travel guide book
Other, travel-related products
7.1 Ciné Souk shall pay the expenses to the filmmaker in accordance with this Agreement.
7.2 All amounts stated in or in relation to this Agreement are, unless the context requires otherwise, stated inclusive of any applicable goods and service tax.
8.1 Ciné Souk will credit the filmmaker’s PayPal account upon receipt of verified video files.
8.2 Ciné Souk must pay the expenses to the filmmaker within the period of 30 days following receipt of usable video files.
8.3 The filmmaker can request an alternate payment method such as direct deposit into an Australian bank account.
9. Content rules
9.1 The filmmaker warrants to Ciné Souk that:
Footage is an accurate and real depiction of the location in question
Comments provided as captions that contain profanity will be deleted.
Comments provided as captions that contain language or concepts that could be deemed offensive will be deleted.
Comments provided as captions that attack a person individually will be deleted.
Ciné Souk reserves the right to edit or delete any comments submitted to this blog without notice.
This policy is subject to change at anytime.
10. Status of filmmaker
10.1 The filmmaker is not an employee of Ciné Souk, but an independent contractor.
11. Limitations and exclusions of liability
11.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law