Epic Fails (“we,” “us,” “our,” or “ourselves” whether in uppercase, lowercase, or a combination) welcomes video submissions from users of the Site (“you,” or “your” whether in uppercase, lowercase, or a combination) through the Epic Fails Video Submission Form (“Form”), which is located on our official website, EpicFails.TV (“Site”).
We define “video” whether in uppercase, lowercase, or a combination, as any and all media you submit through the Form, including, without limitation, the recording and display of moving visual media and any name, image, likeness, caricature, visual effect, vocal or other sound, sound effect, music, voice, voice reproduction, or performance featured in such media, regardless of the tangible medium, broadcast medium, form, or format, and regardless of where produced.
You submit your video through the Form once you click, tap, or otherwise activate the “Submit” button located at the bottom of the Form after, at minimum, completing the required fields in the Form, each denoted by an asterisk (*).
This Video Submission Policy (“Agreement”) constitutes the agreement between you and us with respect to the video you submit through the Form and describes the rights, licenses, authorizations, and permissions you confer on us by submitting your video through the Form. Such rights, licenses, authorizations, and permissions, described hereinafter, shall commence immediately upon your submission of your video through the Form and continue thereafter perpetually, unless and until terminated, in whole or in part, by us, with or without notice to you. Notwithstanding the foregoing, you acknowledge, accept, and agree that we shall not be required or obligated to host, index, display, accept, or otherwise use any submitted video or exercise any or all of the rights granted to us. You also acknowledge, agree, and accept that you are not, nor shall you be, entitled to any compensation or other consideration for your video, any modified versions of your video, or any use made of the video you submit through the Form. By submitting your video through the Form, you affirm and certify that you have read, understand, and agree to be bound by this Agreement, along with our Terms of Use and Privacy Policy.
Exclusive License Grant
By submitting your video through the Form, you automatically grant us the unqualified, unrestricted, perpetual, irrevocable, unconditional, unlimited, sublicensable, transferable, and exclusive right, license, authorization, and permission to:
For the avoidance of doubt, and without limiting the generality of the rights granted to us, submitting your video to us through the Form constitutes your decision to grant us, without limitation, the exclusive right to:
We do not guarantee, however, that any of your video will be used, published, or otherwise exploited by us. We reserve the right to, but are not obligated to, use, edit, modify, remove, or otherwise manipulate your video for any reason, at any time, and without notice to you.
The rights that you grant to us by submitting your video through the Form, described by this Agreement, are exclusive. As such, by entering this license, you agree that:
By submitting your video through the Form, you release us from, and agree not to assert, any and all claims of any rights, encumbrances, claims, liens, demands, actions or suits which you may or can have in relation to your video, including, without limitation, claims of:
Except for the rights, licenses, authorizations, and permissions described in this Agreement, you retain any and all rights which may exist in your video.
Prohibited Video
You are prohibited from submitting through the Form any video that:
If we determine that your video submission through the Form violates this Agreement in any way, we reserve the right, at any time, with or without notice to you, to:
By submitting your video through the Form you agree not to engage in any of the prohibited behaviors outlined above.
Representations and Warranties
By submitting your video through the Form, you represent and warrant that your video does not and will not violate any of the prohibitions listed in the “Prohibited Video” section of this Agreement.
Without limiting the foregoing, you also represent and warrant that:
You agree to produce any documentation, substantiation, and releases to prove, verify, and substantiate your compliance with this Agreement upon our request.
Ownership
We retain all right, title, and interest in and to the Site and the Form, including, without limitation, all associated intellectual property and proprietary rights existing anywhere in the world. You acquire no rights, title, ownership, or interest in or to the Site or the Form.
Changes to This Agreement
We may change this Agreement at any time with or without notice to you. It is your responsibility to review this Agreement regularly and remain informed of any changes. Unless otherwise stated, any changed version of this Agreement shall be effective immediately upon posting on the Site here. If any changes to this Agreement are unacceptable to you, you shall immediately cease using, attempting to use, or continuing to use the Site. If you use, attempt to use, or continue to use the Site following any changes to this Agreement, you are deemed to have accepted such changes and agreed that you have read, understand, and agree to be bound by the entirety of the changed Agreement.
Incorporation of Privacy Policy
We encourage you to read our Privacy Policy, which is hereby incorporated into this Agreement by this reference, for information pertaining to the ways in which we collect, use, and disclose videos and personal information.
Incorporation of Terms of Use
This Agreement supplements our Terms of Use, which comprises the remainder of the terms governing the submission of your video and is hereby incorporated by this reference into this Agreement.
If you have any questions regarding this Agreement, please send an e-mail to contact@epicfails.tv with the subject line “Video Submission Policy.”
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