User Terms and Conditions
INDI FORUMS PROGRAM
THIS INDI FORUMS PROGRAM AND YOUR PARTICIPATION ARE VOID WHERE PROHIBITED BY LAW.
- Notwithstanding anything else herein, Evite, Inc. (the “Company”) reserves the right to suspend, modify or cancel this Indi Forums Program at any time in its sole discretion. In the event of any conflict between these terms and the criteria posted on the Indi Forums program page and/or the Indi terms of Use/Privacy Policy, the order of precedent shall be (a) Indi Terms of Use/Privacy Policy, (b) these Indi Forums Program rules (with Sections 1-8 having conflict priority over Section 9), and (c) the posted Indi Forums Program criteria.
- CONTENT: You hereby represent and warrant that (a) your submitted video or photo as licensed hereunder will not violate any third party intellectual property rights, and (b) that you have obtained the proper releases from any individual that may appear in your submitted video or photo.
- PUBLIC DISPLAY AND LICENSE GRANT TO INDI AND THE COMPANY: By the act of submitting a video or photo, you hereby grant to Indi and the Company the irrevocable, fully paid-up, royalty free, sublicensable, transferable, perpetual, worldwide exclusive right and license to reproduce, distribute, transmit, publicly display and perform, modify, create derivative works of, synchronize, broadcast and generally use any such content (or parts thereof) whether recorded, distributed, displayed, streamed or performed/broadcast on or transferred to videotape, film, slides, photographs, audio tapes, internet or any other media, now known or later developed. For purposes of clarity, this grant includes without limitation the right to (a) edit and to use, not use or re-use such content in whole or part as Indi or Company may elect in their sole discretion, and you agree to release and waive any and all privacy or moral rights you may have with respect to the way in which your name, likeness, image, portrait, picture, voice, appearance and/or performance is displayed or edited within such content or in connection with the promotion of such content or the collection of winning videos for a challenge, and (b) broadcast, exhibit, market, sell and otherwise distribute any such content, either in whole or in parts, and either alone or with other products, for any purpose that Indi, Company, or their respective designees in their sole discretion may determine. You hereby agree to provide the Company the email address and demographic information entered when setting up your Indi account (or provided by Facebook login), and you hereby agree to allow the Company to send promotional and marketing information to you and use such information in accordance with their stated privacy policies. You agree that the Company may collect your name, physical address, any information requested during the submission upload process, and any other information gathered during interaction with the channel and this challenge, including without limitation any activity relating to the generation of Buzz both on the channel as well as information gathered from tracking content posted on social media (for example, information gathered using cookies and device identification).
- OWNERSHIP OF COPYRIGHTS IN ORIGINAL CONTENT: Except as may be set forth in any Company terms set forth in Section 8 below, you retain ownership in and to original content submitted as part of a video or photo uploaded through the Indi forums Program subject to the licenses granted by you in Section 3 above. See Section 8 below for any supplemental terms and conditions added by the Company.
- AWARDING OF FREE ITEMS: The Company is responsible for any and all free items offered in connection with the Indi Forums Program, and Indi is not responsible in any way for any free items offered. The Company reserves the right to substitute an item of equal or greater value if the original free item is unavailable at the time the item is to be shipped. The free items restrictions /conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in communications with the Company.
- NOTIFICATION and ELIGIBILITY: You must be 18 years old to enter and to be eligible to participate in this Indi Forums Program. If you are submitting a video that includes a minor, you represent and warrant that you are their parent or legal guardian and grant Indi and the Company with all the appropriate rights associated with the minor to effect the license rights set forth in Section 3 above. Prior to the provision of any commissions or other consideration hereunder, Indi or the Company may request proof of age and full written consents and releases from the parents of any minor.
- LIMITATION OF LIABILITY: By participating in this Indi Forums Program, entrants agree that Indi and the Company, and their respective companies, affiliate and subsidiary companies, advertising and promotion agencies, and all of their agents, directors, officers, representatives, shareholders and employees will have no liability whatsoever for any injuries, death, losses, or damages of any kind resulting from participation in the Indi forums Program or acceptance, possession or use of any items that may be provided in connection with this Indi Forums Program. Indi and the Company are not responsible for printing or typographical errors in this Indi Forums Program or any related materials. If Indi or the Company determines, in its sole discretion, that there is any suspected or actual electronic tampering with this Indi Forums Program, or if technical difficulties compromise the integrity of the Indi Forums Program, Indi or the Company, in its sole discretion, reserves the right to void any commission or cancel or modify the Indi forums Program. Any deliberate attempt by an entrant or any other individual to undermine the legitimate operation of this Indi Forums Program is a violation of criminal and civil laws and should such an attempt be made, Indi and the Company reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Indi and the Company, and their affiliates, subsidiaries, advertising and promotion agencies, and Internet access providers are not responsible for incorrect entry of information, or technical malfunctions of any telephone network, computer equipment, software or any combination thereof, user profiles or information that have been tampered with, human error, or lost/delayed data transmission; or transactions that are processed late or incorrectly or are lost due to computer or electronic malfunction.
- COMPANY SPECIFIC TERMS: By participating in this Indi Forums Program, you also agree to the Evite Terms of Service (https://www.evite.com/content/terms) and Evite Privacy & Data Use Policy (https://www.evite.com/content/privacy_policy).
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