T-Port Regulations & Film Upload Agreement

By registering a film to T-Port, filmmakers/rights owners receive an online film page and personal profile visible to industry professionals. 

Please also advise the ‘Film Upload Agreement’ below for obligations and copyright issues. 

Regulations 

Registration & Participation

  • Filmmakers are strongly advised to confirm the screen’s functionality before upload. 
  • Once registration is complete, filmmakers receive an online film page and profile. 
  • Filmmakers can edit their online page and profile at any time. 
  • Filmmakers are strongly advised to update their page and profile with every change – in particular festivals, awards and screenings the film has participated in. 
  • Uploaded films will be available for viewing by verified Industry professionals, defined as: individuals and company representatives who are involved professionally with the global film industry for the purpose of promotion and distribution of films. This includes, but not limited to, festival programmers and executives, sales agents, buyers, distributors, producers, film school executives.
  • Industry professionals go through a process of examination to verify their professional background and details. 
  • Filmmakers can only watch their own films and do not have access to view other films.
  •  
  • T-Port reserves the right not to accept, or delete, any content that may be found is harmful, violent or abusive.

Technical requirements 

  • Films files (screeners) will be uploaded to T-Port during the registration process. 
  • Films file format: Mp4/H.264. Resolution: 1080p
  • Films file size must not exceed 1GB. It is recommended that the files will not exceed 500 MB.
  • Films must include English subtitles unless the language dialogue is English. 

Films Upload Agreement

This Agreement details the terms under which you will upload your Films to T-Port Online Platform Database.

 

By Clicking YES you undertake the following obligations towards T-Port Germany e.V., Schinkestraße 24, 12047 Berlin – Germany (hereinafter also “T-Port”):

I am an independent filmmaker representative of a film school/distributor/producer/ sales agent/ a student of a Film  School/film festival/institution (hereinafter also “UPLOADER)

 

* * *

Whereas:

 

A) T-Port Germany e.V. is operating “T-Port” which is intended to identify and promote the work of talented young filmmakers by creating a central platform of database T-Port Website (“T-Port website” – www.tportmarket.com), whereby films created by UPLOADER students can be exposed to Members film industry professionals (“Members”) whom have subscribed to the T-Port website;

 

B) I apply to participate in the project and upload the Film/s;

 

Therefore, I agree as follows:

 

1. – T-PORT PARTICIPATION

 

1.1   UPLOADER hereby applies to participate in the T-PORT project and to upload the Films it created, or otherwise has the right to upload the Films (“Films“) and its data to the Films’ Data (“Data“) as defined hereunder, to the T-Port website under the terms of this Agreement and the Terms of Use, T-PORT Data and Cookies Policies, and Service of the T-Port website, as updated by T-Port from time to time. Such Terms of Use, Policies and Service shall form an integral part of this agreement.

 

1.2.  The Films and Data shall be uploaded to the T-Port website by UPLOADER or by T-PORT subject to the following principles:

A) The Films shall be subjected to approval by T-Port committee before upload.

B) Uploaders’ warranties and undertaking that all necessary clearances have been obtained and that the uploading shall not constitute a breach of third party right.

C) The Data shall be available to the public as part of the website.

D) The Films shall be available for viewing to registered members of the site only.

 

  1. 3.  Films shall be kept in database for a period of one (1) year, commencing from the date of signature of this agreement (“Term”) or for an additional period of one (1) year, if membership is renewed under a full package (paid) condition (“Extension”). UPLOADER may inform T-Port of its wish to renew the membership at any time during the Term.

 

  1. 4.  By uploading the content, the UPLOADER does not become a Member. Membership is obtained separately.

 

 2. – UPLOADER‘S WARRANTIES

2.1. UPLOADER declares that it owns and/or controls, and /or has cleared all necessary intellectual property rights of the Films and their components and the delivered data and materials, including the soundtrack and musical score, as are necessary to grant the rights to T-PORT under this Agreement.

 

  1. 2. UPLOADER represents and warrants that it has obtained all necessary clearances from the students and/or filmmakers, creators, participants in the Films as are necessary to grant T-PORT the rights granted in this Agreement.

 

  1. 3. Any expenses, costs or liability of the students and/or of any third party regarding the Films shall be borne by UPLOADER which undertakes to indemnify and hold harmless T-PORT from any claims from under whatsoever title on such matters and any loss and damage T-PORT may suffer following any actions or claims by said students/filmmakers (including reasonable legal expenses).

 

  1. 4. To this end UPLOADER warrants that the grant and use of the rights by T-PORT do not violate any third party rights.

 

3 – UPLOADER SUBSCRIPTION

3.1. The Rights are granted by UPLOADER to T-PORT for the Term and any Extension thereof if any. 

 

3.2.  If UPLOADER‘s subscription is not renewed and/or UPLOADER has breached the Terms of Use and Services of the T-Port website, UPLOADER‘s Films and Data shall be removed from T-Port website all in accordance with the Terms of Use and Services and the website policies.

 

  1. 3. If T-PORT elects to terminate the project or terminate the UPLOADER‘s participation, T-PORT will notify UPLOADER at least 21 days before the effectiveness of such a measure. In this event the T-PORT shall remove the Films and Data in accordance with the Terms of Use and Services T-PORT Data and Cookies Policies.

4 – UPLOADING OF THE FILMS AND THE DATA

 

4.1.  UPLOADER will upload to Website the following:

 

Films shall be uploaded in a digital format (HD1080p), with embedded English subtitles;

 

  1. 2. During the Term and any Extension thereof, if any, UPLOADER shall be allowed to upload up to 10 films provided the registration fee has been paid.

 

  1. 3. Together with the Films, UPLOADER will upload, to Website the following Data:

A) Synopsis of the Films in English.

B) No less than 1 (one) still photo from of the film and any other publicity materials (such as screenshots, posters, press books etc.).

C) List of credits and details of the copyrights owners.

D)  Technical information.

E) Film screening history and awards.

F) Any other data requested by T-PORT that will be required by the T-Port Project.

 

  1. 4. UPLOADER shall be allowed to upload the Films and the Data as of the confirmation of the subscription of UPLOADER. Upload is conditioned on receipt of UPLOADER’s subscription agreement by T-PORT as well as payment of the registration fees.

 

  1. 5. T-PORT shall be allowed to request from UPLOADER copies of the Data and the Films.

     

      4.6.  Films will be uploaded according to the specifications and guidelines. The uploading of Films will be subject to the payment of the registration fee.

 

5 – IP RIGHTS

 

5.1.              UPLOADER hereby grants T-PORT non-exclusive rights (“the Rights“), to make use and exploit the Films and the Data as follows:

A) The right to upload and make them available to the T-Port Members by any means and/or distribute them via T-Port website, in accordance with the terms of this agreement and the terms of use and services of the T-Port website using any technology by any forms of internet, mobile or other wireless technology and/or transmission and/or streaming, existing or developed in the future and via any T-Port platform and distribution channels;

 

B) The right to make use of the Data and/or the Films, in whole or in part in publications, events etc. in order to promote the T-Port project and T-Port website, in any platform including but not limited to internet, mobile, social networks, on T-Port website and other websites.

 

C) T-Port shall be allowed to make use of the UPLOADERS name/logos/emblems etc. to promote the T-Port project and the website in T-Port website in T-Port Publications all in accordance with the website Data Policy.

 

  1. 2. The rights are granted without any geo-limitations and/or territory worldwide and for the Term or any Extension thereof, if any.

 

 

6- LIMITATION OF LIABILITY

 

6.1.  T-Port is liable in accordance with the statutory provisions if damage is caused by an intentional or gross negligent breach of duty by T-Port or one of its legal representatives or agents. T-Port is also liable, without restrictions for damages from injury to life, body or health, for contractually guaranteed conditions of the product and for fraudulently concealed defects. Further, the liability under the German Product Liability Act remains unaffected. T-Port is liable for slight negligent breaches of essential contractual obligations. Essential obligations are (i) such the breach  of which is putting at risk the achievement of the contractual purpose, (ii) only enable performance or fulfillment of the contract and are regularly relied upon by the other party. In this case, T-Port is only liable for the typically foreseeable damages. T-Port is not liable for slight negligent breaches of any other obligations than those mentioned in the previous sentences. To the extent liability is excluded or limited, such exclusion or limitation also applies to the employees, legal representatives or agents.

 

6.2.  This Agreement is governed by the law of the Federal Republic of Germany and any dispute or challenge deriving from interpretation and/or execution of said Agreement is hereby awarded to the exclusive jurisdiction of the Courts of Berlin. This Agreement is the complete and final agreement and understanding between the parties with respect to the subject matter hereof and may not be changed or modified except by an agreement in writing. Should any provision of this Agreement be void, the remaining provisions shall be unaffected thereby. Invalid provisions shall be replaced mutually by such provisions that are suitable to achieve the same economic purpose in consideration of the interests of both Parties. The same applies to filling gaps that may become apparent in this Agreement.

 

I acknowledge and accept the terms of this agreement and the uploader’s participation on T-Port.