USER SUBMISSION AGREEMENT
THANK YOU FOR YOUR INTEREST IN THE SUPERVIEWER SERVICE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY SET FORTH THE TERMS OF A CONTRACT BETWEEN US.
BY REGISTERING, DOWNLOADING THE SUPERVIEWER APPLICATION ("Application") TO YOUR MOBILE DEVICE, SUBMITTING PHOTOS/VIDEO(S) (COLLECTIVELY "VIDEOS") THROUGH THE WEBSITE, APPLICATION, OR OTHER METHOD OR CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU AGREE TO BE BOUND BY THE AGREEMENT BELOW AS WELL AS THE VIDEO SUBMISSION AGREEMENT, TERMS OF USE AND PRIVACY POLICY LOCATED ON OUR WEBSITE. BEFORE YOU MAKE VIDEO SUBMISSIONS, CAREFULLY READ THE TERMS AND CONDITIONS OF THESE AGREEMENTS AND POLICIES. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THESE AGREEMENT, DO NOT REGISTER OR SUBMIT VIDEOS.
1. This agreement ("Agreement") becomes effective when you do any of the following: indicate your acceptance of this Agreement by "clicking" on the "ACCEPT" button when it is presented below; downloading the SUPERVIEWER Application; or submitting a Video(s). This Agreement is between SUPERVIEWER LLC and its affiliated companies (collectively "SUPERVIEWER") and you. This Agreement sets forth the terms and conditions under which you agree to submit images to this service. Video(s) submissions may be made via the Internet or through your Video capable mobile device.
2. If you submit any Video(s) to SUPERVIEWER, you will be deemed to have made the following representations, upon which SUPERVIEWER will have the right to rely: you have read, understand and agree to these terms and conditions; you hereby grant SUPERVIEWER the non-exclusive royalty-free irrevocable rights, in its sole discretion, to use, reproduce, copy, publish, display, distribute, perform, translate, sublicense, adapt, modify, create derivative works from and otherwise exploit the Video(s) (in whole or in part) and to incorporate the Video(s) in other works, in any and all markets and media, whether now known or hereafter developed, throughout the universe in perpetuity; you have the sole and exclusive right to grant such rights to SUPERVIEWER; you have obtained appropriate, written releases from any and all recognizable persons appearing in the Video(s), and from any and all persons who provided art work or any other material appearing in the Video(s); SUPERVIEWER's copying, publishing, displaying and/or other exploitation of the Video(s) will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights anywhere in the world; you hereby grant any other user of the site the right to access, view, store or reproduce the Video(s) for that user's personal use; you waive your rights to attribution, integrity, or any other moral right in the Video(s) in connection with its (their) use by SUPERVIEWER; you agree to allow use of your name and city in publicity or advertising without compensation; and you understand and agree that SUPERVIEWER shall have no obligation to copy, publish, display or otherwise exploit the Video(s), nor shall it be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the Video(s). For purposes of clarity, SUPERVIEWER may profit from the use of the Video(s) you submit in any manner it chooses without an obligation to compensate you in any way.
3. SUPERVIEWER may modify these terms and conditions at any time at its sole discretion. Such modified terms and conditions can be found on our Web site. After notice of a modification, your continued submissions of Video(s) to SUPERVIEWER constitute an affirmative agreement to be bound by such new terms and conditions. Any modification is effective immediately for all submissions made after the time of such modification. If any modification to this Agreement is unacceptable to you, you may immediately terminate the submission. However, if you do not terminate the submission, or continue to make submissions following modification to this Agreement, your continued use will mean that you have accepted that modification.
4. SUPERVIEWER reserves the right to modify or discontinue the service, and any terms or conditions, at any time.
5. The SUPERVIEWER service is also governed by SUPERVIEWER VIDEO SUBMISSION AGREEMENT, TERMS OF USE AND PRIVACY POICY located on our Website. This Agreement and the accompanying agreements referenced above constitute the entire agreement between you and SUPERVIEWER with respect to the service and supersede all other communications. To the extent any terms of this Agreement are in conflict with the Terms of Use, the terms of this Agreement shall control.
6. SUPERVIEWER reviews Videos but does not otherwise assume responsibility for the content of any Videos. SUPERVIEWER cannot publish all Video entries submitted. The choice of which Videos are selected is at the sole discretion of SUPERVIEWER and cannot be disputed. SUPERVIEWER reserves the right to alter Videos as appropriate for the medium.
7. You agree to defend, indemnify and hold harmless SUPERVIEWER and its directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the SUPERVIEWER service or arising from or in connection with the contents of your Video(s).
8. This Agreement shall be construed in accordance with the laws of the State of California without regard to its conflicts of law principles. All disputes under this Agreement shall be resolved by the State or Superior Courts of Los Angeles in the State of California or in the United States District Court for the Central District of California, and you consent to the exclusive jurisdiction of such courts and hereby waive any jurisdictional or venue defenses otherwise available to you.
9. All notices contemplated by this Agreement will be in writing and mailed by hand delivery, prepaid courier service, by overnight delivery with delivery confirmation, or by telecopier with receipt confirmed by electronic acknowledgment of transmission; provided that, SUPERVIEWER may provide notice to you via electronic mail. Notices shall be effective upon receipt of confirmation that delivery is complete. All notices to you shall be addressed to the electronic mail address you provide to SUPERVIEWER. It is your responsibility to provide working and updated electronic mail addresses. All notices to SUPERVIEWER shall be addressed to SUPERVIEWER LLC, 9200 Sunset Blvd., Suite 325, Los Angeles, CA 90069; sent to the attention SUPERVIEWER's General Counsel (unless another address is subsequently designated by notice to the other party).
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