Upload Policy/Video Submission Policy for User-Generated Video & Photos Submissions
By submitting user-generated video and personal photos to Here Media Inc. sites, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant Here Media Inc. and our partners, vendors, production and content providers and distributors (HMI Entities) a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your user-generated video submitted hereunder, as well your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith, as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the HMI Entities may or may not earn or generate through its use of your Video or Personal Photo Submission.
Our Right to Use Your Video or Personal Photo Submission.
You grant the HMI Entities described above the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Video or Personal Photo Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation television, home video/DVD products, and mobile services), an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the HMI Entities the right to use and distribute, and license others to use and distribute, your Video or Personal Photo Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Video or Personal Photo Submission hereunder.
Clearance of your Video or Personal Photo Submission for use by the HMI Entities.
You represent and warrant that your Video or Personal Photo Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the HMI Entities use and distribution of your Video or Personal Photo Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Video or Personal Photo Submission (collectively, the Elements). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the HMI Entities use and distribution of your Video or Personal Photo Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Video or Personal Photo Submission are true to the best of your knowledge and that neither they, nor any Element of your Video or Personal Photo Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.
Waiver of Right of Approval.
You hereby waive any right of inspection or approval of your Video or Personal Photo Submission as used and distributed by the HMI Entities, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.
Release and Waiver; Indemnification.
You acknowledge that the HMI Entities will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the HMI Entities from any and all claims arising from their use and distribution of your Video, Audio or Photographic Submission as permitted herein.