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To submit or post User Materials (as defined below) and/or use the Nice Shorts website, you ("User") must agree to the following terms and conditions (the "Terms and Conditions" or "Agreement"). We ask that you please read carefully.

Nice Shorts is operated by Destra Corporation Limited (ABN 51 006 070 480) of 58-76 Stephenson Street Richmond VIC 3121 ("Nice Shorts", "we" or "us"), a company incorporated in Australia.

1. Registration

   1. User agrees to provide true, accurate and complete information as prompted by the Nice Shorts registration and submission process and to notify us of any changes to User's personal details. If we become aware that User is not using their true identity, we reserve the right to terminate this Agreement.

2. User Materials

   1. All films, postings, messages, feedback, data, comments, information, text, audio, visuals, graphics and other material of any nature ("User Materials") that are submitted to the Nice Shorts website must be original work or otherwise owned by User and are User's sole responsibility.
   2. User may not post any reviews, feedback or comments directly onto the Nice Shorts website that contains any offensive language or anything which is considered by us to be indecent, libelous, defamatory, obscene, threatening, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law. User may not use the Nice Shorts website for any illegal or unlawful purpose including posting anything that is fraudulent, inaccurate, incomplete, false or misleading. User must not impersonate any person, group, company or entity nor disguise the origin of any message sent.
   3. Nice Shorts shall have the right, in its sole discretion, to refuse or remove any User Materials that it believes violates or may violate these Terms and Conditions.
   4. Nice Shorts shall have no liability or responsibility for the storage or deletion of User Materials.

3. Intellectual Property Rights

   1. Nice Shorts does not claim ownership in User Materials. However, in consideration for Nice Shorts agreeing to receive User Materials and, by submitting User Materials in any form to Nice Shorts, User automatically grants to Nice Shorts and all its affiliates, subsidiaries and licencees a royalty-free, world-wide, non-exclusive, sub-licensable, and assignable right and licence to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, download, distribute, broadcast, publicly display and publicly perform such User Materials for the purpose of displaying and promoting the User Materials and/or the Nice Shorts website on or via any website, television program, online media, portable media device or other means of digital media distribution operated by, and in any related marketing materials, produced by Nice Shorts and its affiliates, subsidiaries and licencees (the "Nice Shorts Licence").
   2. User acknowledges that Nice Shorts owns all the intellectual property rights to the Nice Shorts website and that any reproduction, distribution or publication of any content is prohibited without the express written consent of Nice Shorts.

4. Representations and Warranties

   1. User represents and warrants for the benefit of Nice Shorts and its licensees that:
      1. User is the sole copyright owner of the User Materials and owns and/or controls the rights in the User Materials submitted by User, including the rights in relation to the screenplay, the original music commissioned for such User Materials and the rights in relation to pre-existing music and other pre-existing materials incorporated into and/or synchronised with such User Materials;
      2. User has the written consent, release, and/or permission of each and every individual person in the User Materials to use the name, voice and/or likeness of each and every such individual person to enable inclusion and use of the User Materials in the manner contemplated by the Nice Shorts website and these Terms and Conditions;
      3. User has the right to enter into this agreement and grant the Nice Shorts Licence;
      4. There is no contract or other arrangement with any third party person, firm or corporation which will in any way interfere with or limit the Nice Shorts Licence;
      5. Any and all costs in connection with the submission of the User Materials will be met by User;
      6. the User Materials or any material contained therein will not contain any obscene, libellous or defamatory material and the exercise by Nice Shorts its affiliates, subsidiaries and licencees of the Nice Shorts Licence shall not violate the moral rights of any person or violate any third party intellectual property rights whatsoever, including without limitation, any right of copyright, trademark or private, civil or property right or the right of privacy or any other right or names of any person whatsoever;
      7. the performing rights for all or any musical compositions contained in the User Materials are:
         1. Controlled by Broadcast Music Inc, American Society of Composers, Authors and Publishers, Society of European Stage Authors and Composers Inc or the Performing Rights Society Limited, or the Australian Performing Right Association Limited or such other similar collection society, or
         2. In the public domain, or
         3. Controlled by User;
      8. the User Materials shall be free and clear of all fees, performers residuals, archive fees, copyright clearance (including all music rights) and copying fees and similar (including, but not limited to, recording synchronisation, mechanical, dubbing, re-dubbing, subtitling and/or distribution royalties, guild or union residual repeat re-run fees and payments), which said fees shall have been fully paid for or met by User;
      9. the User Materials comply with all screen and advertising credit obligations and any other contractual obligations to third parties connected with the User Materials.
   2. If requested by Nice Shorts, User will furnish to Nice Shorts all requested necessary information concerning the title, rights to the User Materials, its ownership, and the composer and publisher of all music and other copyrighted or protected material in or related to the User Materials including, but not limited to, the music cue sheet and copies of all relevant duly executed music licences or use agreements.

5. Liability and Indemnity

   1. User acknowledges that Nice Shorts does not accept any liability for, nor guarantees the accuracy of, any User Materials that appear on the Nice Shorts website.
   2. Nice Shorts is operated on an 'as is' basis without warranties of any kind and with all risks. Nice Shorts hereby disclaims to the maximum extent permitted by law:
      1. all warranties either expressed or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose; availability of the Nice Shorts website; lack of viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information on the Nice Shorts website; and
      2. any duties of reasonable care, workmanlike effort or negligence in connection with the site, applications, or related information.
   3. User is responsible for the content User submits or posts (or any person using User's password) and User agrees to indemnify and hold Nice Shorts, its affiliates, subsidiaries, licencees, and all their related officers, agents, partners and employees harmless from any claim or demand, including legal fees, arising out of User content and User Materials, use by User of the Nice Shorts website, violation by User of these Terms and Conditions or violation by User of any third party's rights including such party's copyrights and trademarks.

6. Termination

   1. Nice Shorts reserves the right to terminate, suspend, restrict, or attach conditions to any User, with immediate effect, entirely at our own discretion for any reason that we consider appropriate at any time.
   2. Nice Shorts does not guarantee to post User Materials on the Nice Shorts website. Nice Shorts may remove the User Materials at any time in its sole discretion.

7. User Information

   1. We will respect the privacy of User's personal information in accordance with our Privacy Policy. We do reserve the right to use User's email address for marketing relevant to the Nice Shorts website. In registering for the service User expressly consents to User's email address being included in the Nice Shorts email list. If at any time User objects to the use of User's email address in this way User may email us stating the address User would like removed.

8. General

   1. User may not transmit junk email, spam, unsolicited email in any form including bulk email, commercial or otherwise either through the Nice Shorts website or to any User of the Nice Shorts website.
   2. User may not engage in harvesting or otherwise collecting information including email addresses about other Users.
   3. User agrees to discontinue any communication with any other User of the Nice Shorts website if that person so requests.
   4. Nice Shorts may amend or modify these Terms and Conditions at any time by notifying User either by email or on the home page.
   5. These Terms and Conditions, as amended, User registration forms, and the disclosures provided by Nice Shorts and the consents provided by User, constitute the entire agreement between User and Nice Shorts. If any provision of these Terms and Conditions and/or the Privacy Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and/or the Privacy Policy, as applicable, and shall not affect the validity and enforceability of any remaining provisions. Nice Shorts' failure to act with respect to a breach by User or others does not waive Nice Shorts' right to act with respect to subsequent or similar breaches.
   6. In the event that the Nice Shorts website displays or advertises promotions, services or products which are offered by other parties or other individual Users and User takes advantage of such offers then User's contractual relationship is with that third party.
   7. User may not assign or otherwise transfer any of its rights or obligations under this Agreement. Nice Shorts may assign, sub-licence or novate any or all of its rights, interests and obligations under this Agreement to any company which is a subsidiary or related body corporate of Nice Shorts ("subsidiary" and "related body corporate" having the meanings as set out in the Corporations Act 2001 (Cth)).
   8. This Agreement is governed by the law in force in New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of the place specified in New South Wales, Australia and courts of appeal from them.

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