Terms of Service

These Terms of Service (the “Terms”) create a legally binding contract between Q-Ball Productions and its assignees, designees, licensees and affiliates (collectively, the “Company”) and you in connection with your uploading of Footage (as defined below) on the Totality platform (the “Service”).

BY UPLOADING RECORDINGS, CLIPS OR FOOTAGE (COLLECTIVELY, THE “FOOTAGE”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

If you are not eligible or do not adhere to the Terms, then you do not have Company’s permission to upload Footage and any submissions you make may be deemed invalid in Company’s sole and absolute discretion.

PLEASE READ THE FOLLOWING TERMS CAREFULLY Age Eligibility: In order to upload footage, you must be 18 years of age or older.

License: By uploading Footage and agreeing to these Terms, you automatically grant Company an irrevocable, perpetual, non-exclusive license to use the Footage you upload in the production, distribution and any other exploitation of the audiovisual project currently entitled “TOTALITY” (“Project”) and any marketing or promotional material related to the Project, throughout the universe, in perpetuity, in any and all media and by any and all means, now known or hereafter devised. To the fullest extent allowable under any applicable law, you hereby expressly waive any and all so-called “moral rights” or “droit moral” in the Footage as used in connection with the Project that may now exist or may hereafter come into existence.

You acknowledge that Company (i) is not obligated in any way to use the Footage or any portion thereof in the Project and (ii) has the right to edit and modify any uploaded Footage in its sole and absolute discretion in connection with its potential use in the Project.

By uploading Footage and agreeing to these Terms, you certify that (i) you are the sole owner of the Footage you upload, (ii) Company does not need to secure any additional releases or licenses from any other person or entity in order to use your footage in and in connection with the Project and (iii) Company’s use of the Footage will not violate the rights of any third party or any laws, regulations or statutes.

Ownership: You as the creator of the Footage own the intellectual property rights in the Footage you upload, and you reserve the right to non-exclusively use your Footage at any time, subject to the Terms hereunder. You understand that if your Footage is selected by Company for use in the Project, you may be compensated an all-in, one-time payment pursuant to the “Payment” section below, and you are not entitled to any other royalties or payments.

You irrevocably grant to Company the right to monetize the Project, including your Footage. Payment: If you upload Footage and Company decides in its sole and absolute discretion to use the Footage in the Project as commercially released to the public, you will be deemed a “Community Filmmaker.”

If your Footage is selected, Company will notify you via the email address you provide here. Company has established a fund in an amount equal to Ten Thousand Dollars ($10,000) that Company shall distribute among parties deemed eligible Community Filmmakers (the “Fund”) on a pro rata basis based on each Community Filmmakers’ Contribution Percentage (as defined below); provided, however in no event shall any eligible Community Filmmaker’s compensation exceed Two Hundred Fifty Dollars ($250) (the “Compensation Cap”). As used herein, the “Contribution Percentage” is a fraction, the numerator of which is the length of time a single Community Filmmakers’ Footage is used in the Project and the denominator is the total length of time of all Community Filmmakers Footage used in the Project (e.g., if the Project uses 30 seconds of your Footage and the aggregate amount of Footage from all Community Filmmakers is 300 seconds, then you would be entitled to the Compensation Cap and if the Project uses 3 seconds of your Footage and the aggregate amount of Footage from all Community Filmmakers is 300 seconds, then you would be entitled to $100. You shall be entitled to a pro rata share of the Fund as set forth herein provided that: You are not in breach of these Terms, Your Footage is used in Project as commercially released to the public, and You have provided Company any requisite information and/or documentation to effectuate any payments you are entitled to.

Eligible Community Filmmakers will receive their payments within 6 months of the initial commercial release of the Project. If required by law, Company will withhold taxes from such payments; otherwise you will be solely responsible for any taxes owed in connection with payments you receive for your Contribution Percentage, if any. Subject to third party approval and policies, eligible Community Filmmakers whose Footage is included in the Project as commercially released to the public, may also receive a credit in the movie of “Cinematographer” in a manner, position, placement and size of type to be determined at the sole discretion of Company. No casual or inadvertent failure of Company or failure of any other person, firm or corporation to comply with the credit provisions of this paragraph shall constitute a breach of these Terms by Company.

Release: All of the above rights granted by you are without any restriction or reservation of any kind or nature whatsoever and without any right on any part to enjoin or interfere with the development, production, exhibition, distribution, advertising, promotion or exploitation of the Project.

In no event shall you be entitled to seek to restrain the development, production, distribution, exhibition, marketing, advertising or other exploitation of the Project or otherwise seek or obtain injunctive or other equitable relief. You hereby release and discharge Company, its employees, agents, licensees, successors and assigns from any and all claims, demands or causes of action that you may have for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or violation of any other right arising out of or relating to any of the rights granted herein. Indemnification: You shall at all times indemnify, defend and hold harmless Company from and against any loss or damage, including reasonable outside attorneys’ fees, caused by or arising out of any breach or alleged breach of any representation, warranty or agreement made by you herein. Termination: Company at all times reserves the right to remove or take down some or all of your Footage in its sole and absolute discretion.

Disclaimer: OTHER THAN AS EXPRESSLY STATED IN THESE TERMS OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND COMPANY DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, COMPANY DOESN’T MAKE ANY WARRANTIES ABOUT: (A) THE PRODUCTION OR DISTRIBUTION OF THE PROJECT; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO UPLOAD YOUR FOOTAGE OR (C) THAT ANY FOOTAGE YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE. Limitation of Liability: EXCEPT AS REQUIRED BY APPLICABLE LAW, COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED FOR ANY REASON WHATSOEVER.

Arbitration/Choice of Law: All disputes related to the Terms shall be settled pursuant to binding confidential arbitration under the rules of the American Arbitration Association (“AAA”) in Los Angeles, California before a single arbitrator. The prevailing party shall be entitled to reasonable outside attorneys’ fees and costs. The Terms shall be construed in accordance with the laws of and shall be deemed to have been executed and fully performed in the state of California.

Assignment: The Terms may be freely assigned and licensed by Company, and in the event of any such assignment or license, these Terms shall remain binding on you and shall inure to the benefit of any such licensee or assignee. No Waiver: If you fail to comply with these Terms and Company does not take immediate action, this does not mean that Company is giving up any rights that Company may have (such as the right to take action in the future). Entire Understanding: The Terms sets forth the entire understanding between you and Company regarding the subject matter hereof, and cancels and supersedes all prior or contemporaneous agreements, communications and understandings (whether written or oral) between the parties relating to the subject matter hereof. Company reserves the right to change these Terms.

If Company materially changes these Terms, Company will provide you with reasonable advance notice and the opportunity to review the changes, except in circumstances deemed exigent by Company. Contact Please contact ___contact@totalityfilm.com____ with any questions or concerns.