Content metadata is required for all content and is to be submitted in the approved FOPI Metadata Excel Template. All dubbed and/or subtitled content is to be accompanied with the relevant metadata in the original and alternate language to support the source delivered.
|Media Name||Media Name||Media Name||Media Name|
|Quality Available||Quality Available||Quality Available||Quality Available|
|Cast(If multiple, separate by commas)||Artists(If multiple, separate by commas)||Cast(If multiple, separate by commas)||Singers (If multiple, separate by commas)|
|Release Date||Release Date||Release Date||Release Date|
|Age Rating||Age Rating||Season Number||Composers|
|Ratings||Ratings||Episode Number||Featuring Artists|
In addition to any other art requirements, Distributor shall deliver to FOPI the following art for each Title in compliance with the below requirements: Vertical, Horizontal, Title Card, Story Art, Stills delivered in the highest quality available to Distributor or its affiliates (including if available to Distributor from another of Distributor’s licensees.
Images provided will be used within the FOPI service (including, without limitation, on all FOPI Ready Devices, through the website, User Interfaces, applications, blogs, social networking sites and our communications with members and potential members) and in marketing materials promoting the content’s availability on FOPI. FOPI shall have the right, but not the obligation, to modify (e.g., edit size, placement, crop, or make other alterations to) and/or create any additional artwork.
Display Art includes two (3) sizes / orientations of the original key image with title treatment: One (1) Vertical image, one (1) Horizontal image and one (1) Banner Image. Original Display Art images shall be designed from the same key image.Each Display Art asset shall reflect the following guidelines:
|Artwork Asset||Image Specifications|
|Display Art Vertical||Aspect ratio: 1:1.5
Minimum Resolution: 851(w) x 1000(h)
|Display Art Horizontal||Aspect ratio: 16:9
Minimum Resolution: 800(w) x 450(h)
|Banner Art Vertical||Aspect ratio: 4:5
Minimum Resolution: 1024(w) x 1280(h)
A minimum of high-resolution stills per episode are required to represent a television series as a whole. All images must be cleared for promotional use.
This submission agreement (the "Agreement") is a binding agreement between Aavishkar Technology Pvt Ltd ("FOPI", "we" or "us") and you or, if applicable, the individual, company or other legal entity you represent ("you"). This Agreement includes the terms of submission of content as well as limitations of liability, governing law and other provisions relevant to all of your activities under this Agreement. This Agreement sets forth our submission policies for any movie, video, or other content ("Content") that you submit to FOPI using the content submission tool we provide on myfopi.com or another portal we designate.Terms & Conditions
Any individual or firm can contact to us through content.myfopi.com. If the content is selected to upload then the client will receive login detail to the system, and will be able to register as an eligible content distributor for FOPI system. Content Provider’s profile must include Content Provider’s name, contact details; tax ID, email address and types of contents they deal with for receiving information regarding orders, support email addresses, and such other reasonable information as may be requested by FOPI team. Attachment of supporting documents will be required for the organizational content providers.
Content Provider must provide the information of its content through the Portal in a form suitable for electronic distribution. The content may be either sent to the office of FOPI specified in the website or ask for collection in a specified format in a hard disk by a trusted agent of FOPI or send the link of the content stored in cloud or YouTube. A specified set of instructions will be provided for each type of contents to be filled by the content provider. For each instance of Content submitted, Content Provider must:
Within the Portal, Content Provider may define the parameters for distribution of its Content. In particular:
Content Provider appoints FOPI as Content Provider’s exclusive/non-exclusive agent authorized for off-line/Online medium and entitled to: (a) publicly display, publicly perform, and duplicate the Content for the purpose of marketing or demonstrating the Content; (b) market the Content at FOPI sole discretion and expense; (c) distribute the Content in the Territory and via the Channels and authorize app signing of such Content where necessary; (d) accept payments for the Content on Content Provider’s behalf if Content Provider has specified that a fee should be charged for such Content; and (e) collected payments associated with in-application purchases on Content Provider’s behalf if Content Provider utilizes FOPI’s in-application payment tools. FOPI, in its sole discretion and at any time, may refuse to distribute or indefinitely suspend (in whole or in part) the distribution of any piece of Content for any reason. FOPI will bear all expenses for its operations and staff. Content provider also agrees to embed the cloud content to the global FOPI App.
Content Provider grants FOPI an exclusive, worldwide, royalty-free right and license to use, in connection with the Content in any offline medium. Content Provider’s trademarks, trade names, service marks, logos or other identifying or distinctive marks (collectively, "Marks"), provided that FOPI will comply with the Content Provider’s trademark usage guidelines provided to FOPI.
FOPI enters into this Agreement on behalf of itself and its billing service providers, advertising service providers, and distribution partners, including FOPI Software, original equipment manufacturers, mobile network operators, and authorized sales agents (“Partners”). FOPI may assign and/or sub-license any of the foregoing rights to its Partners subject to this Agreement and to the limited extent necessary to distribute Content via the Channels in cooperation with such Partners. Content Provider acknowledges and agrees that FOPI’s Partners are express intended third-party beneficiaries of this Agreement.
Before submitting Content, Content Provider shall test such Content to ensure it is, to a reasonable extent, free of defects. Content Provider shall be solely responsible for ensuring that its Content is safe, free of defects in design and operation, that it complies with applicable laws and regulations in the territory, and that it does not infringe any third party’s intellectual property rights. Content Provider shall provide such bug fixes and/or patches as may be reasonably required to ensure proper operation of the Content.
When submitting Content, Content Provider shall provide a link to, or the text of, the EULA under which Content Provider licenses it’s Content to end-users. Such EULA shall comply with applicable law and shall not conflict with this Agreement in any respect.
Content Provider shall be solely responsible for the quality and performance of the Content, for any warranty, support, maintenance, or other obligations related to the Content. Content Provider agrees to provide end users with support by email or phone, state Content Provider’s support email address or phone number at an appropriate place within the Content. Content Provider further agrees to provide a link to any support materials for the Content when submitting the Content to FOPI.
Within the Portal, Content Provider may be offered the opportunity to order the promotional placement of its Content. Content Provider will get some free advertising platform according to the FEES AND INVOICING SCHEDULE AGREEMENT. However the content provider will have to pay a standard amount for the advertising as per the prevailing rates then.
In no event shall either party or FOPI’s partners be liable for any indirect, special or consequential damages (including but not limited to loss of anticipated profits) in connection with or arising out of this agreement or the furnishing, functioning, use, distribution or marketing of the content or any related item or service provided by content provider or FOPI. In no event shall FOPI and its partner’s total cumulative liability for all claims arising out of or related to this agreement exceed the total amount of service fees FOPI receives under this agreement during the twelve (12) months immediately preceding such claim.
This Agreement commences on the date of the last signature or, if made electronically, the date of Content Provider’s online or email acceptance, and shall remain in effect until terminated as provided in this Section.
For Cause this Agreement may be terminated by either Party if the other Party is in material breach of any term or condition of this Agreement and such breach is not remedied for a period of thirty (30) calendar days after the Party in breach has been notified of the breach by the other Party. Without Cause: Either Party may terminate this Agreement for any reason and at any time by giving the other Party ninety (90) calendar days prior written notice.
In the event of expiration or termination of this Agreement: (i) within Ninety (90) days of termination, FOPI shall provide Content Provider with a statement of all sums due to Content Provider under this Agreement; (ii) FOPI shall not distribute the Content to any third party after the effective date of such expiration or termination; and (iii) the Content Provider shall be responsible for continued support of its Content. Content Provider acknowledges and agrees that the termination or expiration of this Agreement does not terminate the rights or licenses of an end user to continue to use the Content, if the Content was subscribed to or downloaded by the end user prior to the effective date of expiration or termination.
Upon termination or expiration of this Agreement, FOPI shall return to Content Provider or destroy all Content, including code and documentation, covered by this Agreement. Notwithstanding the foregoing, FOPI may retain one copy of the Content and documentation solely for archival purposes.
Content Provider may be given access to web portal, from where the content provider can view reports.
Within the Portal Content Provider may be offered the opportunity to place certain FOPI logos on its websites and promotional materials. Content Provider is hereby granted a revocable, non-sub licensable, non-exclusive license to use the FOPI logos word marks (“FOPI LOGO WATERMARK”) solely in connection with promoting the availability of Content Provider’s Content on the FOPI System. Content Provider’s use of the FOPI Marks shall be subject to FOPI’s Trademark Guidelines available at http://www.myfopi.com/press/trademark Content Provider acknowledges that it shall acquire no proprietary rights whatsoever in and to the FOPI Marks, which shall remain FOPI’s sole and exclusive property for its unlimited exploitation and all use and acquired goodwill shall inure to FOPI’s sole benefit.
The parties agree that Content Provider owns all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in and to the Content and that this Agreement does not transfer ownership of any of these rights.
The parties agree that FOPI and its affiliates own all intellectual property rights, including copyrights or trademarks, patents, trademarks, and trade secrets, in and to the FOPI System, FOPI Marks and Program Materials, and that this Agreement does not transfer ownership of any of these rights.
Content Provider may, in its sole discretion, provide FOPI with comments, information or other feedback regarding FOPI’s products and services or this Program, which FOPI may freely use to improve or enhance its products, services or the system without obligation of confidentiality or compensation to Content Provider and vice versa.
Each party warrants that it has the full power, legal right and authority to enter into this Agreement and perform its obligations hereunder.
Except for the express representation and warranties set forth in this Agreement, neither Content Provider nor FOPI make any other representations or warranties. Each party expressly disclaims all other representations or warranties.
Content Provider hereby agrees to indemnify and defend FOPI, its affiliates, Partners, successors and assigns from and against all claims, demands, actions, proceedings, liabilities, costs, and expenses based on any claim that: (i) arises from an alleged breach of Content Provider’s obligations, representations or warranties under this Agreement; (ii) arises from Content Provider’s actions or Content allegedly infringing the intellectual property rights of any third party; (iii) arises as a result of Content Provider’s alleged breach of any warranty, representation, or support, maintenance, privacy or other obligation to end users.
You, the content provider agree that all Program Materials and all information disclosed by FOPI to You that relates to the Program or FOPI's products, designs, business plans, business opportunities, finances, research, development, know-how, personnel, or third-party confidential information, will be considered and referred to collectively as "Confidential Information." Confidential Information, however, does not include: (i) information that FOPI makes generally available to the public; (ii) information that You can demonstrate to have had rightfully in Your possession prior to disclosure to You by FOPI; (iii) information that is independently developed by You without the use of any Confidential Information; or (iv) information that You rightfully obtain from a third party who has been given the right to transfer or disclose it by FOPI. You agree not to disclose, publish, or disseminate Confidential Information to anyone other than those individuals who have an existing Program membership. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information. You agree not to use Confidential Information otherwise for your own or any third party’s benefit without the prior written approval of an authorized representative of FOPI in each instance.
You further agree that despite any other confidentiality agreements you may have between you and FOPI, FOPI will not be responsible for keeping confidential any materials you submit to FOPI for consideration through the use of the Program. You acknowledge that FOPI works with many developers and publishers who develop their own Content. Some of FOPI’s or its publisher partners’ Content may be similar to or compete with your Content, either now or sometime in the future. FOPI cannot agree, and expressly disclaims, any confidentiality obligations or use restrictions, express or implied, with respect to any information that You may provide in connection with this Agreement or the Program, including information included in or with your Content.
FOPI will not be liable for any delay or failure to fulfill its obligations hereunder that results from acts of God, war, civil disturbance, court order, legislative or regulatory action, catastrophic weather condition, failure or fluctuation in electrical power or other utility services or other cause beyond its control. This Agreement will not be construed to create a joint venture or partnership between the parties and neither will have the right, power, or authority at any time to act on behalf of, or impose any obligation on or to represent the other, except as expressly set.
All notices under or relating to this Agreement may be sent by e-mail or by registered mail to the address below or to any other address the party may designate in writing.
FOPI may send communications to you from time to time. Such communications may be in the form of phone calls, emails, text messages or other forms of commercially available communication tools. The subject matter of these communications may include, but not be limited to, marketing materials, technical information, device support, and updates and/or changes regarding your participation in the system. By entering into to this Agreement, you acknowledge and agree that FOPI may provide you with such communications.
FOPI may, from time to time, modify the terms of this Agreement by: (i) posting the revised agreement on FOPI's website and notifying Content Provider of the change by e- mail; (ii) forwarding a copy of the revised Agreement to Content Provider, whether electronically or through a postal service; or (iii) any other means reasonably calculated to inform Content Provider of the terms of the revised agreement. Unless Content Provider objects to the revised agreement in writing to FOPI within thirty (30) days of receiving notice of the change, in which case no revision will take effect, Content Provider will be deemed to have accepted the terms of the revised Agreement and the as-revised Agreement will take effect and be binding on both parties at the end of Content Provider's thirty (30) day objection period. No modification, amendment, supplement to or waiver of any provision of this Agreement shall be binding upon the Parties unless in writing and accepted by Content Provider in the manner described above or signed by both Parties.
This Agreement shall be governed by and construed in accordance with the laws of Government of Nepal, except that body of laws controlling conflict of laws. Any claim, dispute or controversy between the Parties arising out of or in relation to this Agreement, which cannot be satisfactorily settled by the Parties shall be finally settled by arbitration upon the written request of either Party, in accordance with the rules of the Court of Nepal, whose rules are deemed to be incorporated by reference into this clause. The place of arbitration shall be Kathmandu, Nepal. The arbitration proceedings shall be conducted in Nepali/English or any other language that can be understood by either parties and as required by a single arbitrator. The award shall be final and binding upon both Parties. Notwithstanding the foregoing, either Party may bring proceedings in any court of its related district of operation or state, etc. for the purpose of seeking: (a) an injunction, order or other non-monetary relief which could not be obtained by using the Arbitration; or (b) any relief or remedy which, if it (or its equivalent) were granted by the Arbitration, would not be enforceable in such other district or state.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.