Crave Content Submission
By clicking "Submit" or
"I Agree" within the site and submitting or uploading to Crave Online
Media, LLC ("Crave") any content, whether video, photographic, text
(articles, reviews, comments, etc.) you are accepting all of the terms set
forth in this legal and binding Content Submission Agreement
("Agreement").
I. Grant Of Licenses
A. REQUIRED LICENSES:
1. Internet License. By agreeing to this Agreement and submitting your videos,
photographs, written comments, articles, or other visual or audio data
(collectively, "Content"), to Crave, you are granting Crave, its
successors, assigns, and licensees a non-exclusive, fully-paid, world-wide,
royalty-free license in perpetuity ("License") to publicly display,
publicly perform, distribute, and reproduce your Content, in whole or in part,
on any medium now in existence or hereafter devised, including but not limited
to mobile devices, TV, Radio, the Internet, including, without limitation, the
World Wide Web, and any other two-way transmission control protocol / internet
protocol (TCP/IP) based distribution network or similar networks or
technologies now known or hereafter to become known, including, but not limited
to, delivery via such a network to personal computers, hand-held devices, and
television set-top boxes through telephone or cable lines, or wirelessly
through broadband, satellite, cellular or terrestrial broadcast networks and
other similar networks or technologies whether now existing or hereafter
developed. Distribution under the License gives Crave the right to distribute
your Content through any technology now known or hereafter invented, including
both streaming and progressive downloading technologies.
II. You Must Have The Right To Use
The Content Submitted To Crave
By submitting your Content and
agreeing to the terms and conditions of this Agreement, you represent and
warrant ("Representations and Warranties") to Crave the following:
A. Unrestricted Right To Grant. You
have the legal right and authority to grant the licenses described above to
Crave. If you are under the age of eighteen (18), you must have your parent or
legal guardian add your Content on your behalf.
B. No Infringement. The rights
granted to Crave under this Agreement, including the public display, public performance,
distribution, and reproduction of your Content, will not violate or infringe
upon the copyright, literary, privacy, publicity, trademark, service mark or
any other personal, contractual or property right of any person or entity and
that your Content will not constitute a libel or defamation of any third party.
C. Discharge/Payment of Obligations.
All of the following have been discharged or paid or will be discharged or paid
by you or persons other than Crave:
1. Copyright. All claims and rights of the copyright holders, if any, in
literary, dramatic, musical or other material, including stories, plays,
scripts, scenarios, themes, incidents, plots, characteristics, dialogue, music,
words appearing, used or recorded in your Content.
2. Contracts. All obligations, of any kind, including, without limitation,
licenses or contracts for distribution, exhibition, performance or exploitation
of your Content.
D. No Pornographic Or Illegal
Material. The content of your Content must not be obscene, pornographic, invade
privacy rights, exploit the images of individuals under the age of eighteen
(18), or in any other way violate applicable laws and regulations.
F. Indemnity. You agree to indemnify
and hold harmless Crave, its respective officers, directors, shareholders,
employees, accountants, attorneys, agents, affiliates, subsidiaries, successors
and assigns from and against any and all third party claims, damages,
liabilities, costs and expenses, including reasonable legal fees and expenses,
arising out of or related to any breach by you of this Agreement, including a
breach of any Representations and Warranties made by you in this Agreement. You
agree to cooperate fully with Crave in the defense or settlement of any claim
arising from your breach or alleged breach of any provision of this Agreement.
III. Disclaimer & Limitation Of
Liability
All right, title and interest not
expressly granted by Crave are expressly reserved by Crave.
CRAVE SHALL
NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE
DAMAGES ARISING OUT OF OR CONNECTED WITH THE SUBJECT MATTER OF THIS AGREEMENT.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT,
CRAVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE WHICH WOULD
EXTEND BEYOND THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS
AGREEMENT. IN NO EVENT SHALL CRAVE'S AGGREGATE LIABILITY UNDER THIS AGREEMENT
FOR ANY CLAIM EXCEED THE AMOUNT OF MONEY YOU PAID TO CRAVE.
You acknowledge that you have not
relied on any statement, representation or promise of Crave except as expressly
stated in this Agreement.
IV. Miscellaneous
A. Choice of Law and Forum. This
Agreement, its interpretation, performance or any breach thereof, will be
construed in accordance with, and all questions with respect thereto will be
determined by, the laws of the State of California applicable to contracts
entered into and wholly to be performed within said state. You hereby consent
to the personal jurisdiction of the State of California, acknowledge that venue
is proper in any state or Federal court in the State of California, agree that
any action related to this Agreement must be brought in a state or Federal
court in the State of California, and waive any objection you may have in the
future with respect to any of the foregoing. Notwithstanding the foregoing,
Crave reserves the right to commence an action in your home state in connection
with to this Agreement.
B. Severability. If any provision of
this Agreement, or application thereof, shall be held invalid by a court of
competent jurisdiction, such provision shall be changed and interpreted to best
accomplish the objectives of the original provision to the fullest extent
allowed by law and the remaining provisions of this Agreement shall remain in
full force and effect.
C. Use of "You" or
"Your". The words "you" or "your" shall also mean
heirs, executors, administrators, successors, legal representatives and
permitted assigns.
D. Waiver. Any waiver of any
provision of this Agreement must be in writing and signed by an authorized
representative of Crave.
E. Integration: Except as explicitly
provided herein, this document represents the entire Agreement between the
parties and no other representations, covenants or promises have been relied
on.