1DS CONTENT TERM OF USE
Much appreciation for agreeing to provide content to us at the www.1dsmedia.com website (the “Site”). By making a submission of any content, you hereby agree to the following terms and conditions in connection with use of the video material(s), and any other content (including your name and likeness, biography, information about your personal experiences, remarks, and recollections) that you have provided or may provide in connection with your submission (collectively referred to as the “Content Submission”):
PLEASE READ THE BELOW CAREFULLY AS IT EFFECTS YOUR LEGAL RIGHTS
Content Submission Policies
When you submit your Content Submission 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 any Content Submission, you are also agreeing and you understand that the term "Content Submission" also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your submission. Always keep a copy of anything you send because we are not responsible for lost, damaged, misdirected, unusable or unreadable content.
Proof that you submitted any Content Submission does not constitute proof that we received anything.
Release & License
You hereby grant 1DS Media LLC, and its representatives, affiliates and any of its designees (collectively “1DS”) a non-exclusive (subject to the carve out below), irrevocable, worldwide, assignable perpetual worldwide right to use of your name, image, voice and likeness in the Content Submission, licensed use and derivatives of the Content Submission, and promotion of the Content Submission; and a nonexclusive, irrevocable, worldwide, assignable license to copy, publish, display, distribute, create derivative works from, and use the Content Submission or any portions thereof, licensed use and derivatives of the Content Submission, and promotion of the Content Submission.
1DS, and its assignees or licensees, may use the Content Submission in whole or in part, alone or with other materials, edited or unedited, in any manner, on any platform and medium now known or hereafter devised, including, without limitation, in visual, print, audio, internet, computer-based, mobile or other digital mediums, directly or through distribution, including through licensees, to the general public, subject to the terms and conditions set forth in this Agreement.
You agree that 1DS is not obligated to publish or use the Content Submission, or your name, voice, image or likeness, in any way, and is not required to provide you with notice of any use of the Content Submission, your name, voice, image or likeness. You are not entitled to and shall not receive any remuneration for your Content Submission.
You are solely responsible for clearing the use of all third party materials (“Materials”) used in the Content Submission or that you have obtained for use in the Content Submission and, if applicable, paying any royalties, fees, or fringe benefit payments due to third parties, including performing rights societies, regarding the use, performance, or other exploitation thereof. Upon request, you shall provide copies of your licenses of such Materials (if any). You hereby represent, warrant and covenant that: (i) you are the owner of any Materials, (ii) there are no encumbrances, liens or judgments against or affecting the Materials, (iii) there are no claims, litigation or threats of claims or litigation in connection with the Materials or your ownership, (iv) the distribution and/or other exploitation of the Materials will not cause monies to be owed to any third parties, (v) you have not entered and will not enter into any agreement which would negatively affect or diminish 1DS’ rights under this agreement, (vi) the Materials do not defame any person living or dead, and (vii) the Materials do not violate the copyrights, trademarks, patents, rights of publicity, rights of privacy, or other intellectual property rights of any third party.
By submitting or posting the Content Submission to us or our Site in any manner, and in consideration for the opportunity to have the Content Submission distributed on our Site, you automatically grant us, our contributors, partners and sponsors, or warrant that the owner of such content has expressly granted us, the perpetual, irrevocable, royalty-free, and transferable, non-exclusive (and exclusive right per terms herein) and license to use, copy, reproduce, publish, distribute, offer for sale, license to others, publicly display and perform, sell, enforce, edit, modify, post, transmit, remove, retain, repurpose, promote, prepare, broadcast, commercialize and otherwise utilize derivative works of, and otherwise exploit the Content Submission and any clips, images, or portions thereof, in any and all media now known or hereafter devised, formats and channels, including on our Site, and in merchandise related thereto.
Subject to the exclusive carve out provisions hereunder, for the sake of clarity, the rights granted with respect to the Content Submission will include, without limitation, the non-exclusive right to (1) post the Content Submission on our Site, (2) use the Content Submission or clips thereof) in any advertising or promotional material, including but not limited to in-stadium assets, digital formats or print copy, (3) license the Content to third parties for their use in exchange for payment, (4) pursue advertising, brand integration, endorsement and sponsorship opportunities with respect to the Content Submission; (5) pursue and receive fees and damages for past, present and future infringements of intellectual property rights in and to the Content Submission, and (6) incorporate the Content, or images therefrom, in merchandise to be sold through the Site or otherwise and use the Content Submission exclusively as denoted herein.
The rights granted by you to us are exclusive only for exploitation on any content or programming created, distributed or intended to be on Snapchat or any outlet owned or branded by Snap, Inc. (including Snap Discover branded content) or any of its affiliated sites or social media and other exploitation is non-exclsuive. This means that after entering this license, you will have no right to grant rights in the Content Submission to any third party and no right to continue to distribute the Content Submission through Snapchat (including your own social media accounts), unless we otherwise agree (for the exclusive rights).
By accessing or otherwise using our Site or by submitting any Content Submission, you represent and warrant that you are over 18 years old and a US resident or citizen.
To the extent any of the Content Submission you submit includes the name, image, voice, or performance of you or anyone else, you acknowledge and agree that licenses herein shall apply to the same. You represent and warrant that you have express permission of everyone who is pictured, seen, appears or is featured in the Content Submission (and their parent or guardian, if applicable) to be photographed, videotaped or otherwise depicted and have the Content and their names used and shared by us in accordance with these Terms. If any person pictured, seen, appearing or featured in the Content is under 18 years of age, you represent that you are the parent or guardian with legal responsibility of any minors depicted in the Content Submission. If you are not the parent or legal guardian, you may not submit any such content.
Except where prohibited by applicable law, by submitting the Content Submission through the Site, you and anyone pictured, seen, appearing or featured in the Content Submission are waiving and agreeing not to assert any of the following potential claims based upon our use of the Content Submission as described herein: (i) copyright infringement; (ii) violation of your rights of publicity; (iii) defamation, false light, libel, slander or any rights related to any related torts , and/or (iv) “moral” rights or claims resulting from our alteration of the Content Submission. You also understand that by granting us permission to use the Content Submission, you agree to forever release, discharge, indemnify, defend and hold harmless 1DS and its affiliates, their employees and officers, and any third party services, companies, partners, or sponsors that use the Content from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and expenses relating to or arising out of the use of the Content Submission as contemplated by this license and the rights granted to us.
Subject to these grants and license, you retain any and all rights which may exist in the Content Submission (subject to the grant of rights hereunder).
As noted above, we do not guarantee that any of the Content Submission will be exploited through the Site. We reserve the right to, but do not have any obligation to, remove, edit, modify or otherwise manipulate the Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to the Content Submission or if we are concerned that the Content Submission may violate this agreement).
Representations and Warranty
You warrant that you are of the legal age of majority and have every right to contract in your own name and the Content Submission or Materials do not in any manner involve a minor child/children under the legal age of majority and if they do you have complied with the requirements noted herein.
You represent and warrant that the Content Submission will not violate any of the prohibitions described above. Without limiting the foregoing, you further represent and warrant that:
You did not, without necessary permission, copy, rip, download, or otherwise take the Content Submission from any third party.
You have not previously granted, nor will you in the future grant, any rights to the Content to any third party that is contradictory to the parameters of this agreement .
You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to include and use the Content Submission in the manner contemplated by this agreement and that the Content Submission will not violate or infringe upon the intellectual property rights, the rights of privacy or publicity, or any other rights of any third party.
You have the express consent of every party prominently featured in the Content Submission to license the Content Submission to us for the uses contemplated under this Agreement.
You agree to and will defend, indemnify and hold 1DS harmless for your breach of this agreement or any of your representations, warranties, and/or covenants thereof. In any action arising out of or related to this agreement where 1DS is named a defendant by a third party, 1DS shall have the right to select and retain counsel of its choice and to control the defense of such claims.
You are prohibited from submitting any content that:
Was taken from a third party, or includes a third party’s trademarks, content or material, without permission, or otherwise infringes upon a third party’s intellectual property rights of any kind.
You have previously sold to or exclusively licensed to another party.
Is defamatory, slanderous or libelous.
Depicts or encourages criminal or tortious activity, including fraud, trafficking in obscene or illegal material, drug dealing or using, underage drinking, gambling, violence, harassment, or stalking.
Includes the name, image, voice or performance of any person who has not provided his or her consent to the foregoing being used for the purposes hereunder.
Depicts or encourages dangerous activities.
Is abusive, threatening, or obscene.
This agreement is binding upon and inures to the benefit of the parties hereto and their successors, representatives, assigns, and licensees. This agreement supersedes all prior understandings and agreements of the parties and may not be altered or amended except by a mutual written agreement signed by both parties. If any provision of this agreement shall be found invalid or unenforceable, the remainder of this agreement shall be interpreted so as best to reasonably effect the intent of the parties. This agreement may be executed in one or more counterparts, each of which when taken together, will be deemed to constitute one and the same instrument. You represent and warrant that you are over the age of 18 and a United States citizen or legal resident.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL 1DS, ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY IDS CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE 1DSHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE IDS’ LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
With the exception to any enforceability by the FAA, this agreement and your use of the Site is otherwise governed by, construed and enforced in accordance with the laws of the State of Florida (without regard to that state's conflict of laws rules).
You and 1DS agree that these terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these terms or any prior agreement (including, but not limited to, claims related to advertising, and any content available on or through our Site; and claims that may arise after the termination of these terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with 1DS as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. https://www.1dsmedia.com/, under the “Contact Us” tab. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with 1DS, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of Florida, United States of America. You and 1DS further agree to submit to the personal jurisdiction of any federal or state court in Pinellas County, Florida in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND 1DS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception for Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the United States Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” includes patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to create your Account) written notice of your decision to opt out to hello@1DSMedia.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your agreement to these Terms; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, 1DS also will not be bound by them.
Changes to This Section: 1DS will provide notice of any changes to this section by posting on the IDS website, sending you a message, or otherwise notifying you if you have an actual account. Amendments will become effective once they are posted on any 1DS website.
If a court or arbitrator decides that this subsection related to changes is not enforceable or valid, then this subsection shall be severed from the rest of the terms and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Site.
Survival: The Arbitration and Class Action Waiver provisions shall survive any termination of your Account or the Services.
To the extent it may be applicable, you and 1DS agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. If any claim proceeds in court rather than in arbitration, YOU AND 1DS WAIVE ANY RIGHT TO A JURY TRIAL.
Please contact us at hello@1DSmedia.com with any questions regarding this policy/agreement.