VIDEO SUBMISSION: TERMS AND CONDITIONS

 

A. Video Requirements: The following terms and conditions apply to any video clip (the “Video”) submitted for consideration to Association of Surfing Professionals LLC d/b/a World Surf League (“WSL”) for use in the WSL program (with the current working title “WSL Clip Show”) comprised of a series of user generated content videos to be exhibited on Facebook, or otherwise, in WSL’s sole discretion (the “Production”).


The Video must:
• Be submitted in a format acceptable for submission to Facebook;
• Be the applicant’s original work; and
• Comply with the applicable community guidelines, terms of use, and any other binding terms on Facebook;


Videos must NOT:
• Contain material which is (or promotes activities which are in WSL’s sole discretion) hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the Video is created;
• Contain material that violates or infringes another's rights, including but not limited to material that violates privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, Videos must not include third party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures; or
• Include third parties, including but not limited to minors, celebrities and friends who have not expressly authorized you to display their image, likeness or voice in any submitted Video or otherwise use such image, likeness or voice.


B. Clearances and Warranty: You represent and warrant that you are the sole creator and owner of all rights in the Video, including without limitation the copyright(s) therein; that use of the Video by WSL and/or Facebook as contemplated by your submission or the terms and conditions herein will not infringe upon or violate any proprietary rights, including, but not limited to, patents, trade secrets, rights of privacy, copyrights and trademarks, of any third party; that all rights granted herein are free and clear of any and all liens, encumbrances or claims whatsoever; and that you have secured all rights, interests, licenses and clearances necessary for the use of the Video, including but not limited to: (i) authorization by any persons appearing in the Video for the use, by WSL (and its licensees and assigns), of his/her performance, image, name, likeness, voice, and biography in connection with the exhibition and other exploitation of the Video as contemplated by these Video Submission Terms and Conditions, and (ii) if any music is included in the Video, all necessary music synchronization and performing rights from the copyright proprietors of such music and such other persons, firms, associations, societies or corporations as may own or control the synchronization and performing rights thereto. You represent and warrant that the Video and any use thereof by the WSL, Facebook or any partners, subsidiaries and affiliates in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law intellectual property right (including, without limitation, any copyright) under U.S. and international laws and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.


C. Rights in Video: In consideration of your Video being reviewed and evaluated by WSL for inclusion in the Production, you hereby grant to WSL, and its licensees and assignees, in perpetuity, the worldwide, non-exclusive, royalty-free, irrevocable right, license and authority to: (i) use the Video in the Production, and in any and all productions produced by WSL (and its licensees and/or assigns) to market or promote the Production, in any and all “best of” type of productions, highlight reels or re-releases, and in connection with any other materials created in relation thereto; (ii) modify or edit the Video, in WSL’s sole discretion, for use in the Production; (iii) distribute, publicly perform, promote, sell, lease, broadcast, transmit, exhibit and otherwise use and exploit, in all languages, all versions and copies of the Production with the Video contained therein, in any and all media now known or hereinafter devised; and (iv) freely assign and/or sublicense the rights to the Production, with the Video contained therein, for purposes of distribution and other exploitation of the Production. You acknowledge and agree that if WSL elects to use the Video the applicant shall not be entitled to any credit, consideration or notice or payments of any kind, and all rights under copyright or other intellectual property rights which may result from the use of the Video by WSL shall be the sole property of WSL. You waive any and all moral rights in the Video with respect to any use by WSL, its sub-licensees, licensees or assignees. WSL is under no obligation to use the Video or publish the same on any media whatsoever.


D. Nature of Relationship/Waiver of Equitable Relief: You understand and acknowledge that WSL has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by its own employees. You also acknowledge that many ideas or stories may be competitive with, similar or identical to the Video. You acknowledge and agree that you will not be entitled to any compensation as a result of WSL's use of any such similar or identical material. You acknowledge and agree that WSL does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Video. Finally, you acknowledge that, with respect to any claim by you relating to or arising out of WSL's actual or alleged exploitation or use of any Video or other material submitted in connection with this application, the damage, if any, thereby caused to you will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Video or any other production based on or allegedly based on the Video, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.


E. Disclaimer of Liability: WSL is not responsible for any materials provided to WSL which are deemed harmful or offensive to others or for any harm incurred as a result of a Video. The WSL is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in the Video transmitted on any media including online or on television. All statements and opinions made by an individual are those of such individual(s) only, and the WSL neither endorses nor shall be held responsible for the reliability or accuracy of same.


F. Indemnity: The Production may be promoted by a third party or parties (each a "Promotional Partner," collectively "Promotional Partners"). You agree to indemnify and hold harmless the WSL, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, agents and representatives from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys' fees, arising in connection with any third party action arising out of a breach or allegation which if true would constitute a breach, of any of your representations, warranties or obligations herein.


G. Release And Limitation Of Liability: By participating, you agree that the WSL, and each of its respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisers, and each of its respective employees, shareholders, officers, and directors ("Released Parties") are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the WSL that may cause the submission microsite to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the submission microsite; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from a Video submission for the Production; and (vi) claims based on publicity rights, defamation or invasion of privacy. WSL reserves the right, in its sole discretion, to suspend or cancel this Video submission process at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of this submission process, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of WSL.

 

H. Reserved rights: WSL reserves the right, at its sole discretion, to disqualify any individual it determines in its sole discretion, to be tampering with the submission process or the operation of the submission microsite; to be attempting to undermine the legitimate operation of the submission microsite by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of these Video Submission Terms and Conditions; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other
person.


I. Issues with submissions: WSL is not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible submissions; lost, interrupted, or unavailable network, server, or other connections, telephone transmission problems, or garbled transmissions or miscommunications; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise.


WARNING: ANY ATTEMPT BY AN APPLICANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE WSL OR UNDERMINE ITS LEGITIMATE OPERATION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, WSL RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. WSL reserves the right to withdraw the submission of any individual if, in WSL’s sole discretion, an individual is found to be attempting to tamper with or undermine the submission process or any website associated with the Production, violating these Video Submission: Terms and Conditions, or if acting in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.


J. LIMITATION OF LIABILITY AND RELEASES: BY SUBMITTING A VIDEO FOR THE PRODUCTION, YOU AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM SAID SUBMISSION, INCLUDING ACCESS TO AND USE OF THE SUBMISSION MICROSITE OR THE WSL WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE SUBMISSION MICROSTIE, INCLUDING THE WSL WEBSITE, ARE PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.


K. INTELLECTUAL PROPERTY: BY SUBMITTING A VIDEO, YOU AGREE THAT SUCH COMMUNICATIONS OR SUBMISSIONS, CREATIVE SUGGESTIONS, VIDEOS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS (“SUBMISSIONS”) THAT YOU MAY SUBMIT TO WSL BY ANY MEANS WHATSOEVER, INCLUDING ALL RIGHTS EMBODIED THEREIN, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION AS DEFINED IN WSL’S PRIVACY POLICY, SHALL BE DEEMED TO BE NON-CONFIDENTIAL. NON-PROPRIETARY AND WSL SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSIONS AND SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSION TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO YOU OR ANY THIRD-PARTY. SUBMISSIONS SHALL NOT BE RETURNED TO YOU.

 

L. CrowdSpark. CrowdSpark is the platform provider and as such shall have the right to access any content or data submitted through this site and to use content, data and application usage statistics derived from the operation of this site for the purpose of: (i) providing services to WSL; (ii) analyzing such content and creating reports, analytics, metrics and other analysis; (iii) enhancing machine learning and artificial intelligence capabilities; (iv) presenting specific examples of such content for marketing and promotional purposes, including on websites of CrowdSpark; and (v) maintaining and improving this platform. Crowdspark may itself or through third party sub-processors store and process data and content for analytics, metrics, machine learning and artificial intelligence  purposes.