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Video Submissions

Last updated March 10, 2024

 

Please read this Video Submission Release carefully because it is a part of the Terms of Use located at (www.pilotpodcasts.com/terms) and represents your legally binding agreement with us (the “Video Submission Agreement”) regarding your use of the Pilot Podcasts video review service. Unless defined separately, terms used in this Agreement are defined in our Terms of Use.

 

When you click (or otherwise select) the “Accept” box to upload your video, or by using or attempting to use the Services, you are signifying your agreement with and acceptance of all these terms and conditions as part of the Terms of Use that govern your legal and contractual relationship with Pilot Podcasts.

 

We reserve the right, in our sole discretion, to make changes or modifications to these terms and conditions  at any time and for any reason. It is your responsibility to periodically review these terms and conditions  to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms and conditions by your continued use of the Services after the date such revised terms and conditions are posted.

 

In the event that you provide a Video Submission, you hereby agree to the following terms:

 

  1. You agree that Company shall exclusively own as a work made for hire, and to the extent that it may not constitute a work made for hire for any reason, hereby irrevocably transfer to Company all right, title, and interest (including, without limitation, all moral rights) in and to, the video that you are submitting (“the “Video Submission”) and any other materials that you have provided or may provide in connection with the Screening Content, including, without limitation, the right to edit, alter or modify the Video Submission and to use all or part of the Video Submission and your voice, actions, likeness, name, appearance, biographical material, and any information about you contained in, derived from or obtained in connection with the Video Submission (collectively “Likeness”) in and in connection with internal and external reports. You understand that, apart from any review payments, you will not be paid any additional money for giving Company these rights. Company will have no obligation to use your Video Submission submitted by you.

 

  1. You warrant and represent that everyone appearing in your Video Submission and any other Materials submitted by you and anyone that may have shot and/or created in any manner the Video Submission, any other materials, and any elements contained therein has given their permission that the Video Submission and other Materials may be used in and in connection with the Services.

 

  1. The Video Submission and any other Materials submitted by you:

    1. are your own original, previously unpublished, and previously unproduced work;

    2. as of the date of submission, are not the subject of any actual or threatened litigation or claim;

    3. do not infringe upon nor violate the intellectual property rights or other rights of any other person or entity; and

    4. do not and will not violate any applicable laws.

 

  1. Your indemnification obligations under the Terms of Use include, without limitation, any third party claims arising from, related to or caused by your video, the submission of your video and/or in any way associated with this Video Submission Agreement and/or the Services.

 

  1. THE SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR VIDEO, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS VIDEO SUBMISSION AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICE. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SERVICE, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES, AND WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICES WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER.

 

THE SERVICES ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF THE SERVICES THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. COMPANY DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS VIDEO SUBMISSION AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.

 

  1. The Terms of Use, incorporating this Video Submission Agreement, is the entire agreement between you and us relating to the Services and the subject matter of this Video Submission Agreement and supersedes any prior or inconsistent agreements. Company may terminate this Agreement with you and your right to use the Services at any time without notice to you.

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