Each submitter must review in its entirety an electronic copy of these Terms and Conditions of User Submissions. By submitting a Submission, you hereby agree to these Terms and Conditions of User Submissions.
To be eligible to submit your submission ("User Submission") for the BrillKids Video Contest, you must be at least eighteen (18) years of age as of August 30, 2013.
User submissions must be received electronically through the BrillKids Website Submission Form, no later than July 24, 2013. BrillKids assumes no responsibility for lost, late, misdirected or damaged submissions, including submissions that may be delayed in transmission.
The Site may now or in the future permit the submission of videos, photographs or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that, whether or not such User Submissions are published, BrillKids does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize BrillKids to use all copyright, trademark, patent, trade secret or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person sufficient to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms and Conditions.
You will retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to BrillKids, you hereby grant BrillKids a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in perpetuity in connection with the Site and BrillKids' (and its affiliates’, successors’ and assigns’) businesses, including without limitation: (i) for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels; and (ii) for inclusion in products and services to be marketed commercially by BrillKids (by way of example only, films, television programs, infomercials, interactive games, Internet sites, books and collectibles). You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms and Conditions.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BrillKids all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage BrillKids or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. BrillKids does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BrillKids expressly disclaims any and all liability in connection with User Submissions. BrillKids does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and BrillKids will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. BrillKids reserves the right to remove Content and User Submissions without prior notice. BrillKids may also terminate a User's access to its Site if such User is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice. BrillKids also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms and Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. BrillKids may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to BrillKids’ designated address to receive notifications of claimed infringement: BrillKids Copyright, BrillKids, 17A World Trust Tower, 50 Stanley Street, Central, Hong Kong, or send an email to [email protected] with “BrillKids Copyright” in the subject line.
You understand that, when using the BrillKids Site, you will be exposed to User Submissions from a variety of sources, and that BrillKids is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BrillKids with respect thereto, and agree to indemnify and hold BrillKids, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.