This Submission Agreement was last modified on May 11, 2007 and is effective immediately.
IMPORTANT NOTE: You must meet the Age and Eligibility Requirements in Section 2 of this Agreement and the Content Requirements in Section 3 of this Agreement and each and every time you submit or attempt to submit a video, among other things, you will be asked to confirm your compliance.
1. Submitting Videos.
We will use the term “video” to mean and refer to any and all content, media and materials you submit to or for the Service, whether directly to us or through any of the MTVN Entities, including, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world.
To submit videos to the Service you must upload your video (transmit a copy of the digital video file) through the Internet through the Site or you may be able to do so through a web site of one of the MTVN Entities with whom we have made arrangements that will allow you to upload your videos through their web site. Whether directly through or to mtvU or any MTVN Entity we have arrangements with, each time you upload or submit your video (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Agreement. The instructions for uploading your video are on the web page provided for the upload of your video. To be considered for posting and display to the public, your video must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission and these can be found on the web page for uploading your videos. In order to submit videos, you will also need to meet our Age and Eligibility Requirements (See Section 2 below) and your video must meet our Content Requirements (See Section 3 below). When submitting videos to or for any of the MTVN Entities, you may also be required to comply with certain requirements and agree to terms and conditions that they may separately require or impose and you should check with them for these requirements, terms and conditions, since they, not us, control their own web sites and submission and display requirements, as well as the information they may obtain about you during that process.
When you submit a video to the Service, you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the content, length, your location and/or similar information. By submitting your video, you are also agreeing and you understand that the term “video” also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your video and your submission. Always keep a copy of anything you send because we shall not be responsible for lost, damaged, misdirected, unusable or unreadable videos. Proof that you submitted a video does not constitute proof that we or any of the MTVN Entities received anything.
2. Age and Eligibility Requirements.
3. Content Requirements.
You are solely responsible and liable for your communications and submissions (and the consequences) made under your or your Band’s name, your user name, email address, and password and you or your Band’s registration and profile information, if any. Videos do not reflect the views of mtvU or any of the MTVN Entities and neither mtvU, nor any of the MTVN Entities represents or guarantees the truthfulness, accuracy, or reliability of any video, nor endorses or supports any opinions expressed in any videos, and except for any attempts we may make to prevent Unauthorized Content (as defined below) from being displayed, we do not filter or screen any videos. In no event shall mtvU or any MTVN Entity have or be construed to have any responsibility or liability for or in connection with any of your videos. If we determine, in our sole discretion, you have not met the Age Requirement (See Section 2 above) or our Content Requirements or if, in our judgment, you or any video you submit violates this Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Agreement, at law or in equity, to (a) refuse to allow you to submit further videos, (b) remove and delete your videos, (c) revoke your registration and right to use the Service and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password.
We make no claim the Service or any video is appropriate for any particular purpose or audience, or that any video, software or our Service may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any videos, information, software, materials, products or services to countries or persons prohibited under the export control laws and regulations.
causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying our Service;
unauthorized access to the Service or information of other users;
the modification, impairment, disruption, alteration or interference with the use, features, functions, operation or maintenance of the Service; or
any requirements, rules, terms or conditions that may be applicable to the MTVN Entities in connection with the Service.
Neither mtvU nor any MTVN Entity controls any video submitted and, although we may use both automated and manual means of reviewing videos in order to prevent Unauthorized Content from appearing and being displayed on mtvU or the Site, we do not have any obligation to review, evaluate or monitor videos for that or any other purpose. mtvU reserves the right to review any submitted video and to delete, remove, move, edit or reject, without notice to you or any other person, any video that mtvU deems, in its sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Agreement or to be unacceptable to mtvU or any of the MTVN Entities, for any reason or for no reason whatsoever; provided, however, that mtvU shall have no obligation or liability to you or any other person for failure to do so or for doing so in any particular manner. If mtvU receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law (See Section 4 below), mtvU may remove videos associated with such claim. mtvU reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Service or to comply with legal, regulatory, audit and compliance obligations.
4. Copyright Infringement.
If you believe any User Content violates the copyright of any other party, you can notify us by complying with the procedures set forth in our Copyright Compliance Policy.
5. Rights Granted to mtvU and the MTVN Entities.
By submitting your video to the Service, in addition to the rights, licenses and privileges referred to above, you, on behalf of yourself, your Band and all other Band members, are also granting mtvU and each of the MTVN Entities the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your, your Band’s, and other Band members’ names, voices, images, likenesses, hometown, and biographical information, and your and your Band’s characteristics, information, logos, marks, 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 Platforms, and any products, goods, features, functions, capabilities and/or services associated with mtvU and/or any of the MTVN 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, your Band and any other Band members, in products or services developed by any MTVN Entities, without limitation or restriction whatsoever.
The rights, licenses and privileges described in this Agreement and granted to mtvU and the MTVN Entities shall commence immediately upon submission of a video to or through the Service (by upload or any other means we or any of the MTVN 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 mtvU on notice to you. Notwithstanding the foregoing, you, on behalf of yourself, your Band and any other Band members, acknowledge and agree that neither mtvU, nor any MTVN 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 mtvU 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 or attempt to submit your video to or through the Service, whether to or through mtvU or any of the MTVN Entities, neither you, your Band nor any other Band member shall have the right to prohibit, restrict, revoke or terminate any of the rights granted to mtvU or the MTVN Entities. Neither you, your Band nor any other Band member are entitled to and/or will receive any compensation or other consideration for your video 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, on behalf of yourself, your Band and all other Band members, hereby release mtvU and the MTVN Entities from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you, your Band or any other Band member 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. 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 mtvU and the MTVN Entities hereunder.
mtvU has the right to license, authorize and/or otherwise enter into agreements and arrangements with any MTVN Entity and/or all of the MTVN 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. To the extent mtvU does so, when you submit a video to or through the Service, each such MTVN Entity shall be entitled to exercise and benefit from the terms and conditions, rights, licenses and authorizations granted to mtvU hereunder and related thereto as if you had entered into this Agreement with such MTVN Entity. Without limiting the foregoing, mtvU and the MTVN Entities have the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, or outsource to, or engage, third parties this Agreement or all or any portion of its or their rights and/or obligations, without accounting, reporting, notification or other obligation or liability to you, your Band or any Band member whatsoever, now or in the future.
Except for the licenses, authorizations, consents and rights granted hereunder and described in this Agreement, as comprehensive and broad as they may seem or actually be, mtvU acquires no title or ownership rights in or to any videos you submit through the Service and nothing in this Agreement conveys to us any ownership rights in your videos. mtvU is acting only as a host, bulletin board or conduit for submitted videos in connection with our Service, with all of the specific rights granted by you hereunder. Although by your submission of each and every video you are requesting and directing us and any of the MTVN Entities with whom we have made arrangements, to take advantage of and exploit all of the rights and privileges granted hereunder (including, without limitation, the right to display and post the video on the Platforms), neither we, nor any of the MTVN Entities, have any obligation to do any of these things.
You acknowledge that other persons may have submitted videos to us or the MTVN Entities, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your video or concepts contained therein, and you understand and agree neither you, your Band nor any other Band member will be entitled to any compensation because of the use or exploitation thereof and the submission of a video, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any video you or anyone else submits to or through the Service, that is purely coincidental and unavoidable.
7. Financial Consideration.
mtvU and each of the MTVN 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 Site or other Platforms and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, your Band or any other Band member notwithstanding that your video may be displayed on or otherwise used by or in connection with the Service, the Site or other Platforms.
9. 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. mtvU 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. mtvU 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. mtvU 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.