TeenNick.com User Video Submission Agreement
Please read this legal agreement carefully before uploading a video to the TeenNick website.
1. Submitting Videos.
2. Content Requirements.
3. Copyright; Content Requirement Violations; Breach of Agreement.
If you believe any video violates the copyright of any other party, you can notify us by using our Notice and Procedure for Making Claims of Copyright Infringement, which is set forth on our Copyright Compliance Policy. If you believe any video or the conduct of any other user violates this Agreement or in any other way infringes upon the rights of others, you may notify us by email at info@TEENNICK.COM. We have no obligation to respond or reply to any notifications you send us, but we always reserve the right to take any action or no action in our sole discretion.
4. Rights Granted to TEENNICK.COM and the TEENNICK.COM Entities.
In connection with each and every video you submit to or through the Service, you grant to TEENNICK.COM and the TEENNICK.COM Entities the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your video on the TEENNICK.COM Site, the Service, and any other websites, wireless services, channels, services (including branded programming services), and other distribution platforms, whether currently existing or existing or developed in the future, of TEENNICK.COM and any TEENNICK.COM Entity, as well as on third-party social networking websites and platforms, such as Facebook and Twitter, (collectively, the "Platforms"), for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to TEENNICK.COM and the TEENNICK.COM Entities, in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to TEENNICK.COM and the TEENNICK.COM Entities, these rights include, without limitation, the right to create derivative works of, distribute and synchronize all or any portion of your video in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your video; to encrypt, encode and decode, and compress and decompress all or any portion of your video; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your video; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your video; and to excerpt and/or extract portions of your video in order to host, store, index, categorize and display your video on or through the Platforms. By submitting your video to the Service, in addition to the rights, licenses and privileges referred to above, you are also granting TEENNICK.COM and each of the TEENNICK.COM Entities the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, your User Name, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Service, the Video Page, the Platforms, and any products, goods, features, functions, capabilities and/or services associated with TEENNICK.COM and/or any of the TEENNICK.COM Entities and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your video, for any purpose whatsoever, without any credit, compensation or accounting to you, in products or services developed by any TEENNICK.COM Entities, without limitation or restriction whatsoever. The rights, licenses and privileges described in this Agreement and granted to TEENNICK.COM and the TEENNICK.COM Entities shall commence immediately upon submission of a video to or through the Service (by upload and approval by you or by any other means we or any of the TEENNICK.COM Entities make available to you) and continue thereafter perpetually and indefinitely, regardless of whether you continue or remain a registered user or not, unless and until terminated, in whole or in part, by TEENNICK.COM on notice to you. Notwithstanding the foregoing, you acknowledge and agree that neither TEENNICK.COM, nor any TEENNICK.COM Entity, shall be required or have any obligation to host, index, display, accept or use any submitted video (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and TEENNICK.COM may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any video. Once you submit your video, you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to TEENNICK.COM or the TEENNICK.COM Entities. You are not entitled to and you will not receive any compensation or other consideration for your video, other than entry in the Video Page, or any use made of your video once submitted to or through the Service. You also understand and agree that neither all or any portion of your video, nor any commercial, advertisement, promotional, marketing or other material associated with your video, need to be submitted for approval prior to use. You hereby release TEENNICK.COM and the TEENNICK.COM Entities from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your video, including, without limitation, any and all liability for any use or nonuse of the your video, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. TEENNICK.COM and the TEENNICK.COM Entities have the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with the video and the rights granted to TEENNICK.COM and the TEENNICK.COM Entities hereunder. TEENNICK.COM has the right to license, authorize and/or otherwise enter into agreements and arrangements with any TEENNICK.COM Entity and/or all of the TEENNICK.COM Entities to do or perform any of the activities, exercise any of the rights and/or undertake any of the responsibilities granted or imposed under this Agreement, in whole or in part.
6. Financial Consideration.
TEENNICK.COM and each of the TEENNICK.COM Entities reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and hosting and operating the Service, the TEENNICK.COM Site or other Platforms and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your video may be displayed on or otherwise used by or in connection with the Service, the TEENNICK.COM Site or other Platforms.
8. Disclaimers and Limitation of Liability.
THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR VIDEO, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICE. TEENNICK.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SERVICE, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICE WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER. THE SERVICE IS MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF THE SERVICE THAT IS NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. TEENNICK.COM DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. TEENNICK.COM EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.