EMBARRASSINGTV.COM TERMS OF SERVICE
- Your Acceptance
- User Submissions (see also Video Submission)
EmbarrassingTv.com encourages members of the public to submit videos and images that they have produced for consideration in connection with its website and related television programs and wireless and online broadcasts.
EmbarrassingTv.com does not encourage, and does not seek videos that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. EmbarrassingTv.com will reject any submissions in which EmbarrassingTv.com believes, in its sole discretion that any such activities have occurred.
If notified by a user of a submission that allegedly violates any provision of this Agreement, EmbarrassingTv.com reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Website.
IMPORTANT: IF YOU ARE UNDER THE AGE OF 18, EMBARRASSINGTV.COM WILL NOT CONSIDER YOUR SUBMISSION WITHOUT YOUR PARENT OR GUARDIAN’S CERTIFICATION THAT THEY HAVE APPROVED OF THE ACTIVITIES INVOLVED WITH YOUR SUBMISSION BEFORE YOU BEGAN PRODUCING IT.
- License Grants
By posting or sending a video or any other visual, audio or communication content (“User Submissions”), you expressly grant EmbarrassingTv.com a royalty-free, sub-licensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and make derivative works of such User Submission and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and EmbarrassingTv.com shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
Subject to the terms and conditions of this Agreement and provided you have paid all amounts owed to EmbarrassingTv.com, you are hereby granted a non-exclusive, limited, personal license to use the Website solely for your personal, noncommercial use on your own behalf. EmbarrassingTv.com may terminate this license at any time for any reason or no reason, subject to a refund of any amount you have paid to EmbarrassingTv.com during the thirty (30) days prior to such termination.
- EmbarrassingTv.com Proprietary Rights
The contents of the Website, along with any associated software, and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of EmbarrassingTv.com and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Website. Use of the content or materials on the Website for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other Jurisdiction, relating to the Website, or any contents or materials related thereto.
- Copyrights, Trademarks and Service Marks of Third Parties
The Website and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Content”) are or may be protected under United States and worldwide copyrights or other Intellectual Property Rights which are owned or licensed, in whole or in part, by us. Content may not be manipulated, edited, reproduced, performed, republished, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from the Website without our prior written consent, which may be withheld in our sole discretion. Any manipulation of the Website or any portion thereof, or use of any of the Content for any other purpose constitutes an infringement of our Intellectual Property Rights, or of the Intellectual Property Rights of the respective owners of such Content. Any use of any portion of this Website on any other web site or other networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
EmbarrassingTv.com has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. EmbarrassingTv.com has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of EmbarrassingTv.com or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. EmbarrassingTv.com policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want EmbarrassingTv.com to delete, edit, or disable the material in question, you must provide EmbarrassingTv.com with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; (d) information reasonably sufficient to permit EmbarrassingTv.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to EmbarrassingTv.com designated agent through our contact page. Put in the body of your message Copyright Agent.
- Representations and Warranties
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 warrant the following:
You are over the age of 18 and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein.
You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights (“Intellectual Property Rights”), or the necessary licenses thereto, to grant the license in Section 3.
You have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
You have read, understood, agree with, and will abide by the terms of this agreement.
You are not, and have not been an agent of EmbarrassingTv.com and were not and are not acting on behalf of, or as a representative of, EmbarrassingTv.com or any other party in connection with the User Submission.
The User Submission and EmbarrassingTv.com use thereof as contemplated by this Agreement and the EmbarrassingTv.com website will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
You are not, nor is/are any other person who appears in your User Submission, a current member of the Screen Actors Guild (SAG) or of the American Federation of Television and Radio Actors (AFTRA).
You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, malicious humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability.
The User Submission does not contain: (i) material falsehoods or misrepresentations that could harm EmbarrassingTv.com or any third party; (iii) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iv) advertisements or solicitations of business; or (v) impersonations of third parties, other than those which are readily apparent.
EmbarrassingTv.com does not endorse any User Submission or the views, opinion, recommendation or advice expressed therein. EmbarrassingTv.com does not review, nor is it responsible for any User Submission content or the accuracy, usefulness or safety thereof, no matter the source. You may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable.
- Contests and Ratings
To be eligible for contests, videos must be uploaded on or after 12:01 am on the first day of the applicable contest period, and before midnight on the last day of such contest period, as specified on the Website. Participants may upload multiple videos, but may only submit the same or very similar videos once. No purchase of any kind is necessary to participate. Contest winners will be selected, at EmbarrassingTv.com sole and exclusive discretion, from among the eligible User Submissions deemed most popular by Website users. The chances of winning are determined by the number of valid entries, which is unknown.
You must be at least eighteen (18) years of age to be eligible for any contest. Employees or agents of EmbarrassingTv.com, its parent company (BoganMedia, Inc.), subsidiaries, divisions, affiliates, advertising agencies and members of the immediate families of each are not eligible to enter any EmbarrassingTv.com contest. Only User Submissions which are the original work of the participant are eligible, and the participant must have exclusive rights to all intellectual property associated with the video as well as the consent of each natural person that is recognizable in the video. To be eligible for any contest, you must supply a valid email address at the time your video is uploaded.
Upon request, prizewinners agree to submit proof of eligibility, a manually signed version of this Agreement, a Consent and Release Form for each person shown or depicted in the winning User Submission, and appropriate tax forms. If you are chosen as the winner of a contest, you hereby consent to the use of your image, voice, likeness and persona without compensation for any and all publicity and advertising purposes, and you hereby release EmbarrassingTv.com from any and all claims arising from such use. If you fail to provide such information, documentation or consent, EmbarrassingTv.com reserves the right to deny you any prize winnings and award them to another participant.
EmbarrassingTv.com reserves the right to disqualify user votes and User Submissions if it determines, in its sole discretion, that a voter is inappropriately rating videos in order to intentionally skew results. Other special voting privileges may be issued based on participation with the site. EmbarrassingTv.com reserves the right to disregard highest and lowest votes in a consistent manner and/or take other steps in an effort to maintain the integrity of video ratings in its reasonable judgment. Any contest is void where prohibited by law and is subject to federal, state and local rules and regulations. Prize winners are responsible for all taxes associated with contest prizes. A list of winners may be obtained after each contest ending date by written request. Contests are offered, if ever, at the sole discretion of S EmbarrassingTv.com, during the periods posted on the Website and under the terms and conditions of this Agreement and any additional rules and guidelines that may be published under the Contest Rules posted on the Website. Participants are required to check published rules and guidelines weekly for changes.
If at any time EmbarrassingTv.com is unable to operate any contest as planned (for example due to financial or administrative difficulties, fraud or technical failure such as a computer virus/bug or other form of unauthorized intervention that corrupts the administration, security, fairness, integrity or proper conduct of any contest), EmbarrassingTv.com reserves the right, in its sole discretion, to suspend, modify or terminate such Contest. In the event of any such termination prior to the end of the contest term, notice of such termination will be posted on the Website.
EmbarrassingTv.com assumes no responsibility for lost, late, incomplete, misdirected, illegible or postage due contest submissions.
- Third-Party Websites
You agree to defend, indemnify and hold harmless EmbarrassingTv.com and its parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim for damages that arise as a result of any User Submission that you provide to EmbarrassingTv.com; or (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
- No Warranty.
THE WEBSITE AND THE EMBARRASSINGTV.COM SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (“MATERIALS”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE OR THE MATERIALS IS AT YOUR OWN RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EMBARRASSINGTV.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE OR THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
EMBARRASSINGTV.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EMBARRASSINGTV.COM WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EMBARRASSINGTV.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EMBARRASSINGTV.COM OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation of Liability.
IN NO EVENT SHALL EMBARRASSINGTV.COM, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA, OR THAT RESULT FROM ERRORS IN THE ADMINISTRATION OF ANY CONTEST, PROCESSING OF CONTEST SUBMISSIONS OR AWARDING OF ANY PRIZE. UNDER NO CIRCUMSTANCES WILL EMBARRASSINGTV.COM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. YOU SPECIFICALLY ACKNOWLEDGE THAT EMBARRASSINGTV.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EMBARRASSINGTV.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Sole Remedy.
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE WEBSITE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT AND TO RECEIVE A REFUND UP TO THE AMOUNT YOU PAID TO EMBARRASSINGTV.COM DURING THE THIRTY (30) DAYS PRIOR TO SUCH TERMINATION.
The provisions of Sections 7, 10, 11, 12, 13, 14 and 15 shall survive any termination or expiration of this Agreement.
By accessing the Website you represent that you have read this Agreement in its entirety, understand its terms and conditions, are duly authorized to execute this Agreement on behalf of yourself, and you agree to be bound by the terms and conditions of this Agreement.