Updated Effective as of April 27, 2017
2. Registration and Account Security
Any registration information you submit to create a user account with the Services, including any information you submit when you access the Services through a third-party connection or platform (e.g., via Facebook or Twitter) must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your user account. It is therefore critical that you do not share your password with anyone. You agree not to use the user account, username, email address, or password of another user at any time. You agree to notify the Company immediately if you suspect any unauthorized use of, or access to, your user account or password.
This Agreement remains in full force and effect while you use the Services. The Company may terminate your user account and/or access to the Services at any time, for any reason (or no reason), with or without prior notice or explanation, without further obligation or liability. Furthermore, even after your user account or access to the Services is terminated, this Agreement will remain in effect. You agree that your user account is non-transferable, and any rights to your account terminate upon your death.
Use of the Services are currently free-of-charge (except for Submissions of content for Streamy Awards consideration by owners or authorized representatives of eligible content; see https://www.streamys.org/legal/submission-and-voting-guidelines/ for more information regarding the Streamy Awards submission and voting processes). The Company reserves the right to charge fees for any portion of the Services in the future. The Company will provide you with reasonable advance notice of any such fees, or any changes thereto, and continued use of the applicable portions of the Services will require payment of associated fees. If the Company suspends or terminates your user account and/or access to the Services because you have breached this Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of fees or other payments.
5. Payment for Submissions and other Services
The Services may contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) belonging to users of the Services and other Company licensors (“User Content”) and belonging to Company (“Company Content”). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and the Company, the Company owns and retains all rights in and to Company Content and the Services. The Company hereby grants you a limited, revocable, non-sublicensable license to access and display Company Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Website and using the Services. Except as provided in this Agreement or as explicitly allowed on the Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, or otherwise use any Content appearing on or through the Services.
Except as expressly permitted by the Company, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on any Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on Content or any digital rights management mechanism, device, or other content protection or access control measure associated with Content including geo-filtering mechanisms. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of Content unless authorized by Company. You may not build a business utilizing Content, whether or not for profit. Company reserves the right to remove any Content in its sole discretion. You understand that you are responsible for all User Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Services. Accordingly, please choose carefully the information that you post on, through or in connection with the Services. You understand that the Company does not control the User Content posted by users via the Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable User Content. The Company assumes no responsibility or liability for any User Content. If you become aware of misuse of the Services, please report this immediately to the Company at email@example.com. The Company assumes no responsibility for monitoring the Services for inappropriate User Content or conduct. If, at any time, the Company chooses in its sole discretion to monitor the Services, the Company nonetheless assumes no responsibility for any User Content, assumes no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any user.
7. Use of Services
The Services are offered for your personal use only and may not be used for commercial purposes, unless specifically endorsed or authorized by Company. You agree not to use the Services to:
The Company reserves the right, but disclaims any obligation or responsibility, to remove any User Content that violates this Agreement, as determined by Company in its sole discretion. You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including, but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities. You acknowledge, consent, and agree that the Company may access, preserve, or disclose information you provide to the Website or otherwise via the Services, including any User Content, when the Company has a good faith belief that such access, preservation, or disclosure is necessary in order to: (i) protect or defend the legal rights or property of the Company, its partners and licenses, and each of their respective parents, subsidiaries, or affiliates (collectively, “Affiliated Companies”), or their respective employees, agents, and contractors (including enforcement of our agreements); (ii) protect the safety and security of other users of the Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
8. Message Boards, Public Forums, and Social Sharing
The Services may offer users the ability to post public messages on message boards and forums (“Forums”), which Forums may be open to the public generally, to registered users of the Website or Services, or to a select group of members within a specific Forum group. The Services may offer users the ability share messages publicly via social media platforms or channels (e.g., Facebook and Twitter) (“Social Media”). You acknowledge that messages posted on Forums and via Social Media are public, that Company cannot guarantee the security of any information you disclose through any Forum or Social Media, and that you make all such disclosures at your own risk. The Company is not responsible for the content or accuracy of any information posted on any Forum or Social Media and shall not be responsible for any decisions made based on such information. The Company reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content or otherwise disclosing any information via any Forum or Social Media and/or to restrict or remove your User Content or information from any Forum or Social Media for any reason at any time.
9. Your Proprietary Rights
The Company does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through, or in connection with the Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by the Company or any Affiliated Company. By posting any User Content on, through, or in connection with the Services, you hereby grant to the Company and our Affiliated Companies, licensees, and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through, or in connection with the Services or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats, now known or hereafter devised, for any and all purposes, including, but not limited to, promotional, marketing, trade, or commercial purposes. The Company‘s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. The Company reserves the right to limit the storage capacity of User Content that you post on, through, or in connection with the Services. You represent and warrant that: (i) you own the User Content posted by you on, through, or in connection with the Services or otherwise have the right to grant the license set forth in this Section 9, and (ii) the posting of User Content by you on, through, or in connection with the Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the Services or Third Party Services. Without limiting the foregoing, ALL SUBMISSIONS WILL REQUIRE THE OWNER OR AUTHORIZED REPRESENTATIVE OF THE ELIGIBLE PROGRAM, INDIVIDUAL, OR ORGANIZATION TO AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE STREAMY AWARDS LICENSE AGREEMENT, AVAILABLE FOR REVIEW AT https://www.streamys.org/legal/license-agreement/.
10. Copyrights and Other Intellectual Property
The Company respects the intellectual property of others and requires that our users do the same. You may not upload, embed, post, email, transmit, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. The Company has a policy of terminating repeat infringers’ access to the Services in appropriate circumstances. If you believe that any material residing on or linked to from the Services infringes your copyright, please send the Company’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. The Company’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Levin Law Corp., 8844 West Olympic Blvd., Suite 200, Beverly Hills, CA 90211. Company’s Copyright Agent for notification of claimed infringement can also be reached electronically at firstname.lastname@example.org.
11. Third Party Links and Services
12. Member Disputes
You are solely responsible for your interactions with other users of the Services, providers of Third Party Services, or any other parties with whom you interact on, through, or in connection with the Services. The Company reserves the right, but has no obligation, to become involved in any way with these disputes.
The Services are provided “AS-IS” and “as available,” and the Company does not guarantee or promise any specific results from use of the Services. The Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In particular, the Company makes no warranty that your use of the Services will be uninterrupted, timely, secure, or error-free or that any information obtained by you on, through, or in connection with the Services or Third Party Services (including, but not limited to, through User Content or third-party advertisements) will be accurate or reliable. Under no circumstances will the Company be responsible for any loss or damage, including, but not limited to, property damage, personal injury, or death, resulting from use of the Services, problems or technical malfunction in connection with use of the Services, attendance at any Company event, any material downloaded or otherwise obtained in connection with the Services, any User Content, third party advertisement or Third Party Service posted on, through, or in connection with the Services, or the conduct of any users of the Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services, and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements, and Third Party Services do not necessarily reflect the opinions or policies of Company.
15. Limitation of Liability
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES DURING THE TERM OF YOUR USE OF THE SERVICES.
16. U.S. Export Controls
Software available in connection with the Services (“Software”), if any, is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using Software is at your sole risk.
The Agreement will be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and the Company agree to submit to the exclusive jurisdiction of the courts situated in los Angeles County, California to resolve any dispute arising out of this Agreement or the Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT, THE LICENSE AGREEMENT, OR ANY OTHER DISPUTE RELATED TO YOUR USE OF THE SERVICES..
You agree to indemnify and hold the Company, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, due to, arising out of or in connection with your use of the Website or the Services, your breach of this Agreement, your violation of any rights of another, or any User Content that you post or otherwise submit on, through or in connection with the Services.
19. Unsolicited Submissions
The Company does not knowingly accept, via the Services or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. The Company’s policy is to simply delete any such submission without reading it or forwarding it to other Company staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any Company or Affiliated Company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to the Company via the Services (including but not limited to any public forum), however, such submissions and copyright become the property of the Company and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as the Company sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against the Company or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
20. Employment Opportunities
The Company may, from time to time, post employment opportunities on the Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to the Company in response to employment listings, you are authorizing the Company to utilize this information for all lawful and legitimate hiring and employment purposes. The Company also reserves the right, at its sole discretion, to forward the information you submit to its Affiliated Companies for legitimate business purposes. Nothing in this Agreement or contained in the Services will constitute a promise by the Company to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Services constitute a promise that the Company will review any or all of the information submitted to it by users of the Services.
The failure by the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: email@example.com with any questions regarding this Agreement.