X|Media|Lab (the Lab) is being developed and organised by X Media Lab, ABN 47 160 848 388 (the Organiser).
The Lab will take place on an occasional basis in different locations and is a thinktank, concept laboratory and production workshop for "new media" people in film, interactive media, games, entertainment, advertising, arts, media, music, and information technology whose nomination to be a Participant in the Lab was successful.
The Lab gives Participants opportunities to explore developments in content production, connect with other outstanding local and international professionals (Mentors) who will be invited to provide information and knowledge about best practice and the most exciting innovations from around the world.
Each Participant will bring a partially developed Project to the Lab. The Participant may have developed the Project by his/herself or with other Collaborators who are also Participants.
This document is an agreement (Agreement) between the Organiser and each Participant or Mentor setting out important terms of participation in the Lab and is primarily employed to recognise and maintain each Participant's prior and subsequent Intellectual Property Rights ownership relating to the Projects they bring to the Lab for mentoring purposes.
The Primary objective of the Lab is to increase the quality, value, and likely commercial success of digital media content projects by engaging and mentoring selected Projects at the PreProduction Stage (i.e., the creative, conceptual, technical, and prototyping stage).
The primary focus of Lab is on the production of commercially successful and sustainable interactive digital media Projects. As a Mentor or Participant you agree to be involved on the following basis:
Contribute Expertise. Each Mentor and Participant will contribute the benefit of his or her expertise to the Lab with a view to achieving the objectives of the Lab.
Works. Each Participant will contribute and make fully available the work (Work) relating to his/her Project to the Lab for suggestions, developments, and/or review by Mentors and other Participants in the Lab.
Participants will have necessary rights to their material. Each Participant will ensure that he/she has the necessary Intellectual Property Rights to all material he/she submits for consideration in the Lab (Work). In any case, each Participant undertakes to the Organiser, Mentors and other Participants that he/she (alone or with other Collaborators for that Project) either own all Intellectual Property Rights in their Work or have obtained all necessary authorisation to share the Work with the Lab.
"Intellectual Property Rights" includes all rights in patents, copyright, moral rights, registered and unregistered design rights, registered and unregistered trade marks and all rights to apply for or register such rights.
Work and Feedback is shared without obligation. Feedback will be provided on the Project taking into account the objectives of the Lab. Participants can decide whether or not to act on feedback. Mentors and Participants will not assert any right or interest in Work that incorporates or is otherwise improved by his/her feedback and assign all rights or interest that may arise in relation to such Work jointly to the Participant(s) who are Collaborators for the Project relating to that Work. All parties agree not to make any claim or assert any rights to ideas, concepts or suggestions made or discussed during the Lab except to the extent that they become the subject of a Participant's Intellectual Property Rights in a Work, in which case it is agreed that any relevant Intellectual Property Rights will belong to the Participant or as agreed between the Collaborators for that Project.
Collaborators to make arrangements between themselves. Each Participant acknowledges and agrees that it is responsible for organising with the Collaborators involved in that Participant's Project all terms relating to the Project including in relation to ownership of Intellectual Property Rights in Work, use of Work (including use prior to and after the Lab) and future development of the Project. The terms of this Agreement (including the terms in clause 4 relating to joint assignment and clause 7) do not override the terms of any agreement between Collaborators in relation to the rights and obligations between the Collaborators.
Participants rely on their own judgement. Each Participant acknowledges that all feedback received is a suggestion only and the Participant will not hold any other Participant, Mentor or the Organiser liable for any loss or damage suffered by a Participant in relation to acting on a suggestion.
Works only to be used with authorisation. Participants and Mentors will not use the Work of a Participant even if modified by their feedback (either inside or outside the Lab environment) without the authorisation of that Participant.
Permit use in promotion of the Lab. In reasonable promotion both before, during and after the Lab the Organiser may make reference to each Participant's and Mentor's involvement in the Lab without obtaining any further authorisation from the Participant or Mentor. Participants and Mentors may inform others of their involvement in the Lab but may not use any material produced for the purpose of conducting, organising or promoting the Lab without the prior written authorisation of the Organiser or the owner of the material. If a subsequent digital media content work is produced based on the Project, or a substantial part of Work from the Project, the Participant may agree that the contribution of the Lab will be acknowledged in a form agreed between the Participant and the Organiser (such as an end screen credit "[Developer] acknowledges the assistance of the X|Media|Lab").
In this clause "reasonable promotion" includes use of names, photographs, background and comments from Participants and Mentors in relation to the Lab.
Help the Organiser. Mentors and Participants will cooperate with the Organiser to achieve the objectives of the Lab and make the Lab a success including complying with reasonable requests of the Organiser.
Organiser not to be liable. The Organiser will not be liable for any loss or damage suffered by a Mentor or Participant arising in any way from the Lab or participation in the Lab including in relation to any change made to the Lab or any unauthorised use made of any Work by a Participant, Mentor or third party.
Partners and Sponsors not to be liable. The Partners and Sponsors of the Lab will not be liable for any loss or damage suffered by a Mentor or Participant arising in any way from the Lab or participation in the Lab including in relation to any change made to the Lab or any unauthorised use made of any Work by a Participant, Mentor or third party.
Disputes. (1) Each Participant and Mentor agrees that if a dispute concerning a Project arises between (a) Participants, (b) Mentors or (c) Participants and Mentors during or after the Lab, that before referring the dispute to an external legal process or commencing legal proceedings, the party will follow the dispute resolution process set out in this clause. (2) On becoming aware of a dispute, the party will first notify in writing the other parties involved in the dispute (the "Involved Parties"). (3) If the dispute is not resolved 14 days after all Involved Parties have received written notification of the dispute, the dispute will be referred to mediation administered by a recognised Commercial Disputes Centre (CDC). (4) The mediator for the mediation will be agreed by each of the Involved Parties. The CDC will assist the parties with the appointment of a suitable mediator by providing a list of suggested mediators. (5) In the event that the Involved Parties cannot reach agreement in respect of the mediator within seven days of the reference of the matter to the CDC, the Involved Parties severally agree that the mediator will be appointed by the CDC. (6) The mediation will be held in Singapore or at such other place as the Involved Parties may agree in writing and will be in accordance with and subject to the laws of the Government of Singapore. (7) Unless otherwise agreed, the cost of the mediation will be shared equally between the Involved Parties. (8) If the Involved Parties are unable to resolve all or any of the disputes within 28 days (or such other period as agreed to in writing between the Involved Parties) after the appointment of the mediator, the Involved Parties will be at liberty to commence proceedings in an appropriate court or tribunal to seek such orders as they or their legal personal representatives may consider appropriate. (9) Nothing in this clause prevents a party seeking urgent interlocutory relief. (10) This clause does not apply to disputes solely between Collaborators
General. If a Participant or Mentor wishes to withdraw from involvement in the Lab he or she must promptly notify the Organiser in writing. The Organiser may vary the format, content, presentation or personnel of the Lab and will advise each Participant and Mentor of any relevant changes. References to the "Organiser" include the Organiser's employees, contractors and agents. This Agreement is made between the Organiser, all the Mentors and all the Participants by a series of counterparts signed by each party and held by the Organiser. This Agreement is governed by the laws of NSW.
By ticking the online "I agree" box by which I make my/our submission to participate, I agree with the statements made above.