Content Submission Agreement
IMPORTANT NOTE: You must meet the Age 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 content, among other things, you will be asked to confirm your compliance. Submitting content does not guarantee posting of such content on our web site. All posting decisions shall be made by LOGO, in its sole and absolute discretion.
1. Submitting Content.
We will use the term "content" to mean and refer to any and all content, media and materials you submit to or for the Promotion, whether directly to us or through any of the LOGO 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 content for the Promotion you must upload your content (transmit a copy of the digital video or image file) through the Internet through our web site or you may be able to do so through a web site of one of the LOGO Entities with whom we have made arrangements that will allow you to upload your content through their web site. Whether directly through or to LOGO or any LOGO Entity we have arrangements with, each time you upload or submit your content (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 content are on the web page provided for the upload of your content. To be considered for posting and display to the public, your content 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 content. When submitting content to or for any of the LOGO 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 content for the Promotion, 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 content, you are also agreeing and you understand that the term "content" also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your content and your submission. Always keep a copy of anything you send because we shall not be responsible for lost, damaged, misdirected, unusable or unreadable content. Proof that you submitted content does not constitute proof that we or any of the LOGO Entities received anything.
2. Age Requirements.
3. Content Requirements.
You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any. Content does not reflect the views of LOGO or any of the LOGO Entities and neither LOGO, nor any of the LOGO Entities represents or guarantees the truthfulness, accuracy, or reliability of any content, nor endorses or supports any opinions expressed in any content. In no event shall LOGO or any LOGO Entity have or be construed to have any responsibility or liability for or in connection with any of your content. Again, LOGO has no obligation to post your content on LOGO's web site. Further, 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 content 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 content, (b) remove and delete your content, (c) revoke your registration and right to participate in the Promotion 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 Promotion or any content is appropriate for any particular purpose or audience, or that any content, software or our Promotion 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 content, 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 Promotion;
- unauthorized access to the Promotion or information of other users;
- the modification, impairment, disruption, alteration or interference with the use, features, functions, operation or maintenance of the Promotion; or
- any requirements, rules, terms or conditions that may be applicable to the LOGO Entities in connection with the Promotion.
Without limiting LOGO's absolute control over which content (if any) gets posted on its web site, LOGO reserves the right to review any submitted content and to delete, remove, move, edit or reject, without notice to you, any content that LOGO 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 LOGO or any of the LOGO Entities, for any reason or for no reason whatsoever; provided, however, that LOGO shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If LOGO 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), LOGO may remove content associated with such claim. LOGO 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 Promotion or to comply with legal, regulatory, audit and compliance obligations.
4. Copyright; Content Requirement Violations; Breach of Agreement.
If you believe any content violates the copyright of any other party, you can notify us by using our Notice and Procedure for Making Claims of Copyright Infringement. If you believe any content 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 feedback@LOGOonline.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.
5. Rights Granted to LOGO and the LOGO Entities.
In connection with each and all content you submit in connection with the Promotion, you grant to LOGO and the LOGO 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 content on LOGO's web site, channel, and any web sites, channels, services, and other distribution platforms, whether currently existing or existing or developed in the future, of LOGO and any LOGO Entity (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 LOGO and the LOGO Entities, in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to LOGO and the LOGO Entities, these rights include, without limitation, the right to create derivative works of, distribute and synchronize all or any portion of your content 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 content; to encrypt, encode and decode, and compress and decompress all or any portion of your content; 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 content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your content; and to excerpt and/or extract portions of your content in order to host, store, index, categorize and display your content on or through the Platforms.
By submitting your content for the Promotion, in addition to the rights, licenses and privileges referred to above, you are also granting LOGO and each of the LOGO Entities the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, 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 Promotion, the Platforms, and any products, goods, features, functions, capabilities and/or services associated with LOGO and/or any of the LOGO 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 content, for any purpose whatsoever, without any credit, compensation or accounting to you, in products or services developed by any LOGO Entities, without limitation or restriction whatsoever.
The rights, licenses and privileges described in this Agreement and granted to LOGO and the LOGO Entities shall commence immediately upon submission of content for the Promotion (by upload or any other means we or any of the LOGO 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 LOGO on notice to you. Notwithstanding the foregoing, you acknowledge and agree that neither LOGO, nor any LOGO Entity, shall be required or have any obligation to host, index, display, accept or use any submitted content (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and LOGO may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any content. Once you submit or attempt to submit your content for the Promotion, whether to or through LOGO or any of the LOGO Entities, you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to LOGO or the LOGO Entities. You are not entitled to and you will not receive any compensation or other consideration for your content or any use made of your content once submitted for the Promotion. You also understand and agree that neither all or any portion of your content, nor any commercial, advertisement, promotional, marketing or other material associated with your content, need to be submitted for approval prior to use.
You hereby release LOGO and the LOGO 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 content, including, without limitation, any and all liability for any use or nonuse of the your content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. LOGO and the LOGO 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 content and the rights granted to LOGO and the LOGO Entities hereunder.
LOGO has the right to license, authorize and/or otherwise enter into agreements and arrangements with any LOGO Entity and/or all of the LOGO 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 LOGO does so, when you submit content for the Promotion, each such LOGO Entity shall be entitled to exercise and benefit from the terms and conditions, rights, licenses and authorizations granted to LOGO hereunder and related thereto as if you had entered into this Agreement with such LOGO Entity.
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, LOGO acquires no title or ownership rights in or to any content you submit for the Promotion and nothing in this Agreement conveys to us any ownership rights in your content. Although by your submission of each and every piece of content you are requesting and directing us and any of the LOGO 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 content on the Platforms), neither we, nor any of the LOGO Entities, have any obligation to do any of these things.
You acknowledge that other persons may have submitted content to us or the LOGO 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 content or concepts contained therein, and you understand and agree you will not be entitled to any compensation because of the use or exploitation thereof and the submission of content, 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 content you or anyone else submits for the Promotion, that is purely coincidental and unavoidable.
7. Financial Consideration.
LOGO and each of the LOGO 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 Promotion, LOGO's web site or the Platforms and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your content may be displayed on LOGO's web site or otherwise used in connection with the Promotion or the Platforms.
9. Disclaimers and Limitation of Liability.
THE PROMOTION AND LOGO'S WEB SITE ARE PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR PARTICIPATION IN THE PROMOTION IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR PARTICIPATION IN THE PROMOTION. LOGO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF LOGO'S WEB SITE, 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 PROMOTION AND/OR LOGO'S WEB SITE WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER.
THE PROMOTION IS MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND PARTICIPATION IN THE PROMOTION THAT IS NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. LOGO 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. LOGO 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.