PickleJar Video Upload Terms and Conditions
All material and audiovisual works provided to PickleJar Holdings, Inc. (“PickleJar”) or given access to, shall be referred to as “User Submissions.” The Content is, and will remain exclusively owned by you, and all right, title, and interest in and to the Content is owned and reserved by you; and PickleJar will not take any action inconsistent with, or which may adversely affect your ownership of the Content.
These Video Upload Terms and Conditions ("PickleJar Video Upload Terms") govern the relationship between you and PickleJar Holdings, Inc (“PickleJar”) when you upload home video clips via the PickleJar+ video upload service on the PickleJar+ website ("Upload Service"). PickleJar and PickleJar+ are below referred to together as “PickleJar”.
These PickleJar Video Upload Terms apply to your use of the Upload Service in addition to the PickleJar Terms and Conditions which you can view at https://PickleJar.com/terms-of-use. You understand that whether or not such User Submissions are published, PickleJar does not guarantee, and disclaims, any confidentiality with respect to any User Submissions.
You should read these PickleJar Video Upload carefully before using the Upload Service. By accessing and using the Upload Service, you agree to be legally bound by these PickleJar Video Upload Terms and the PickleJar Terms and Conditions. If you do not agree with any of those terms, then you should not use the Upload Service.
Privacy: Please read PickleJar’s Privacy Policy, which you can view at https://legal.PickleJar.com. The Privacy Policy contains important information about the use of your personal data which you submit through the Upload Service, as well as other information regarding your privacy.
Registration: In order to use the Upload Service you must register your details and open a PickleJar Member Account for the Upload Service. You can then access and log on to use the Upload Service. You promise that all information and details provided are true, accurate and up to date in all respects and at all times.
It is your sole responsibility to maintain the confidentiality of your account and you are responsible for all activity that occurs under your username(s) and password. PickleJar will not be liable where your password or mobile device is used by someone else. You should notify PickleJar Support immediately of any unauthorized use of your password or any breach of security as soon as you become aware of it.
Submitting your home video clip: Once you have logged on, you may submit as many home video clips as you want using the Upload Service (with each such video clip being a "Submission"). You shall be solely responsible for your own User Submissions and the consequences of submitting them. In connection with User Submissions and all material used, contained, displayed, featured, incorporated by PickleJar as set forth herein, you represent, and warrant that: (i) you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all intellectual property rights necessary for PickleJar to use and publish your User Submissions and for you to license your User Submissions to PickleJar; (ii) you have secured all rights, licenses, and permissions to use and to license to PickleJar, any and all works and/or material owned by any third party, used or appearing in or in connection with your User Submissions; (iii) you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all rights relating to the name(s), image(s), likeness(es), rights of privacy, and rights of publicity (whether common law or statutory) of any person appearing in any User Submission (collectively, “Personal Rights”), to use and publish your User Submissions and to license your User Submissions to PickleJar, and further that any such person is at least 18 years old or the age of majority in the jurisdiction in which that person resides (whichever is greater) or, if that person is younger than the greater of 18 years or the age of majority, you have received such permission from that person’s parent or legal guardian; and (iv) your User Submission does not infringe and will not infringe on the copyright, trademark, trade secret, rights of privacy or publicity, or other intellectual property or personal rights of any person or entity. In addition, your User Submission may not contain content that is unlawful, harmful, abusive, or harassing, constitutes inherently dangerous activities, or threatens your safety or the safety of any other person.
Agreement of Use: By submitting User Submissions to PickleJar, you hereby agree as follows: (i) you grant to PickleJar, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a worldwide, non-exclusive, royalty-free license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, display, edit, resize, replace audio, telecast, rerun, syndicate, perform, compile with other third party content, and otherwise exploit the User Submissions, in any media formats now known or hereafter devised and through any media channels, in whole or in part, in connection with the service, product and channel currently known as PickleJar, and all channels and subchannels, programs, websites, social media accounts, platforms and sub-platforms, apps (native or otherwise), properties, formats, products, or services now or hereafter owned, operated, or offered by PickleJar or its parents, subsidiaries, affiliates or licensees; any commercial or non-commercial purposes; and in any other manner relating to Rarefied PickleJar’s businesses, including without limitation, for advertising, marketing, promoting, and of redistribution all or a portion thereof (collectively, the “Channels”); (ii) you grant each licensee of PickleJar a non-exclusive license to view your User Submissions through the Channels, and to use, copy, reproduce, distribute, display and perform such User Submissions as permitted through these Terms and any license entered with said licensees; (iii) you grant PickleJar, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a worldwide, non-exclusive and royalty-free license the right to use the name, website, social media channel or other identifiable information that you submit in connection with such User Submissions. You understand and agree, however, that PickleJar may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted. The above licenses granted by you terminate within a reasonable time after your User Submissions is removed or deleted by PickleJar, if so removed or deleted; (iv) You grant PickleJar the right to edit and/or modify any User Submissions. PickleJar each reserves the right to not use the User Submissions at all and/or to use as much or as little of the User Submissions as deemed appropriate; (v) You grant PickleJar the right to place any advertising or promotions on the Channels or on, about, around, incorporated into, or in conjunction with your User Submission(s). The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you; (vi) you will not submit any User Submission that is subject to a third party’s copyright, protected by third party’s trade secret or otherwise subject to third party proprietary rights, including intellectual property rights and Personal Rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material and to grant PickleJar all of the licenses granted herein; (vii) you authorize and license to PickleJar to use all intellectual property rights and Personal Rights in and to any and all User Submissions to enable publication and use of the User Submissions in the manner contemplated by yourself and Rarefied PickleJar, in accordance with these Terms and Conditions; and (viii) you waive any and all rights to claims you may have based upon or relating to any use of your User Submissions or the works derived therefrom including but not limited to claims for infringement, invasion, misappropriation, or violation of any intellectual property rights or Personal Rights, and you will neither sue nor bring any claims or proceedings against PickleJar, its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors based upon or relating to its use of the User Submission(s).
The Content is, and will remain exclusively owned by you, and all right, title, and interest in and to the Content is owned and reserved by you; and PickleJar will not take any action inconsistent with, or which may adversely affect your ownership of the Content. PickleJar reserves the right to delete any User Submissions for any or no reason, and without prior notice. PickleJar does not permit copyright-infringing activities on its Service, and will remove any User Submission if notified that such User Submission infringes on another’s copyright. PickleJar each reserve the right to remove User Submissions without notice. Deleted User Submissions may be stored by PickleJar in order to comply with certain legal obligations and are not retrievable without a valid court order. Consequently, Rarefied PickleJar encourages you to maintain your own backup of your User Submissions.
PickleJar does not endorse any User Submission or any opinions, actions, recommendations, or advice expressed therein, whether direct or implied, and PickleJar expressly disclaims any and all liability in connection with such User Submissions.
Contact Details: You must be a PickleJar Member with an active StageName in good standing. Your telephone number and address may be shared with other the PickleJar group companies and used for the purpose of contacting you in relation to your Submission and its possible inclusion in the program, or otherwise in accordance with PickleJar’s Privacy Policy. For additional information or questions, please send an email to [email protected]
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