You agree to the following terms:
-You must be at least eighteen (18) years of age to register for or participate in the Intellirights Network community or other social networking features of the Site; place any Submitted Materials or personally-identifying information on or through the Site; participate in any online contests; and/or order transcripts, or place an order on the Intellirights Online Shop. If you are between the ages of 13 and 18, you may browse the Site or register for email newsletters or other features of the service (excluding the Intellirights Network community) with the consent of your parent(s) or guardian(s), so long as you do not place any Submitted Materials on our Site. If you are under 13 years of age, please do not send any information about yourself, including your name, address or e-mail address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.
-You must provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the “Registration Data”); and
-Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
-If you provide any information that is untrue, inaccurate, not current or incomplete, or Intellirights has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Intellirights has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof), in addition to any other remedies available to Intellirights.
- You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
- Immediately notify Intellirights of any unauthorized use of your password or account or any other breach of security; and
- Ensure that you exit from your account at the end of each session. Intellirights will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with this requirement.
- Intellirights's Intellectual Property Rights and Limited License
- Copyright and Trademarks
The Materials embodied in the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Intellirights owns a copyright in the Materials including, without limitation, the selection, coordination, arrangement and enhancement thereof, as well as in the content original to Intellirights.
“Intellirights,” the “Intellirights logo,” as well as other marks that may appear on the Site (“Marks”), are the service and trademarks of Intellirights, LLC. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. You agree not to display or use the Marks in any manner without Intellirights's written permission,. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the written permission of Intellirights.
- Links and Other Sites
This Site contains links to pages on other sites, and those sites may offer products, services or other resources. Because Intellirights has no control over such sites and resources, you acknowledge and agree that Intellirights has no responsibility for the accuracy of information provided by or availability via other sites. Links to external sites do not constitute an endorsement by Intellirights of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. Intellirights does not author, edit or monitor these pages or links. You further acknowledge and agree that Intellirights is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on these other sites or resources.
Intellirights hereby grants you a non-exclusive, limited license, revocable at Intellirights's discretion, for you to link to Intellirights's home page from any site you own or control that is not commercially competitive to Intellirights and does not criticize or otherwise injure Intellirights. You agree that if you include a link from any other web site to this Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Site. Such a link is not an endorsement of such other site(s) by Intellirights. You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Site on another web site, for any purpose, including, without limitation, posting such images on another site.
You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. You further agree not to in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material.
- Infringement Complaints - Digital Millennium Copyright Act Notice
Intellirights respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that Intellirights directly makes available on the Site, and we ask our users to do the same. Intellirights may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers. If you believe any material on the Site, either posted by Intellirights, our users or any other party, is infringing, please contact Intellirights at the e-mail address below.
Pursuant to the Digital Millennium Copyright Act, Intellirights has a designated agent to receive copyright infringement claims. You may notify Intellirights of alleged intellectual property rights infringement by contacting our designated DMCA Agent at:
If your notification involves infringement of copyright or trademark rights, please include the following information in your notice:
- Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
- 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;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Your physical or electronic signature.
- User Conduct and Submissions
Any material that you submit to the Site including, without limitation, content, information, ideas, articles, comments, blogs, suggestions or other materials (“Submitted Material(s)”) shall be subject to the applicable terms and conditions set forth herein. You hereby agree that any communication or Submitted Materials you do transmit to us by electronic mail or otherwise will be treated as non-confidential and non-proprietary, and you grant to Intellirights the rights defined in the applicable submission terms.
You retain the copyright and other ownership rights in any Submitted Materials that you place on or through the Intellirights Web Site. Intellirights does not claim ownership of any communication or material you submit or make available for the Site and you are entirely responsible for everything you upload, post, e-mail or otherwise make available on the Site. However, by uploading, posting, e-mailing or otherwise making available any communications or Submitted Materials on the Site, and solely in consideration of the possibility of publicity and professional credit, you hereby grant to Intellirights the non-exclusive, perpetual, royalty-free, universe-wide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your Submitted Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the Intellirights Web Site, third party licensee web sites, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice to you. You further grant Intellirights and its licensees the right to contact you in connection with your Submitted Materials and to use your name, city and state and other information that you have provided in connection with the Submitted Materials.
Furthermore, Intellirights is free to use any ideas, concepts, know-how or techniques contained in any communication or Submitted Material you submit to us for any purpose, at any time, and without any remuneration or obligation to you. Any modification of this Submission policy must be in writing and signed by an authorized Intellirights signatory. Intellirights shall have no obligation to post, exhibit, distribute or otherwise make use of any Submitted Materials.
With respect to any and all Submitted Material submitted by you, you hereby warrant and represent that such Submitted Material:
- Is not unlawful, obscene, fraudulent, indecent; does not defame, abuse, harass, or threaten others; and is not hateful or racially, ethnically or otherwise objectionable;
- Does not contain any software viruses, Trojan horses, worms, bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- Does not advocate or encourage any illegal activity;
- Does not infringe the copyright, patent, trademark, trade secret, right of publicity or other intellectual property, proprietary, contracted, personal or other right of any third party;
- Does not violate the privacy of individuals, including other users of the Site; or
- Does not violate any applicable local, state, national or international law.
You agree not to, or attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Site; not to data mine the Site and not to in any way cause harm to or burden the Site.
- Representations, Warranties and Indemnities. You further represent and warrant that:
- Your Submitted Material is wholly original to you and that no part is a copy or imitation of any other material;
- Your Submitted Material will not infringe or violate any right whatsoever, including, without limitation, any contractual rights, personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, etc.) of any person or entity;
- Your Submitted Material is not, and will not be, subject of any threatened or pending litigation, claim or dispute. You have not done anything which has impaired and will not do anything to impair the rights granted to Intellirights in any way;
- You are an adult and at least 18 years of age, or that you have attained the age of majority under the laws of your state, province or country, and are capable of lawfully entering into and executing the Materials Submission Terms;
- You and all parties that performed any services on, or appear in, any aspect of your Submitted Material, for example, as in a video or pod, have signed the appearance release provided by Intellirights to you on Intellirights's website or a similar form that establishes the services as a “work-for-hire” and grants the same rights and releases as in the Intellirights appearance release; and
- You will indemnify and hold harmless Intellirights, its subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees, from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable attorneys' fees and costs) which arise out of any breach of any of your covenants, agreements, obligations, representations or warranties set forth herein.
- Limitations on Liabilities; Remedies. By placing your Submitted Materials on this Site, you agree that:
- Any and all disputes, claims and causes of action arising out of or connected with your Submitted Materials will be resolved individually, without resort to any form of class action;
- Any and all claims, judgments and awards on your behalf will be limited to actual out-of-pocket costs incurred;
- Under no circumstances will you be permitted to obtain any award for, and you knowingly and expressly waive all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased; and
- Your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief.
- These Materials Submission Terms and their performance will be binding on you and your heirs, administrators, successors and assigns. The construction, validity, interpretation and enforceability of the Materials Submission Terms will be governed by and construed in accordance with the internal laws of the District of Columbia without giving effect to any choice of law or conflict of law rules.
- You irrevocably agree that, if a dispute arises out of or relates to the Materials Submission Terms, such dispute(s) will be resolved solely by binding arbitration before a sole arbitrator in Washington, D.C., with experience in entertainment law, under the rules and regulations of the American Arbitration Association (“AAA”). The arbitration will be held in Washington, D.C., where the arbitrator will issue a written decision and will have the power to award any legal remedies except as limited by these Materials Submission Terms.
- Notwithstanding the foregoing, you acknowledge that Intellirights may:
- Obtain injunctive or other equitable relief from a court to enforce the provisions of these Materials Submission Terms; and/or
- Bring an action in court to protect or interpret any of Intellirights's purported intellectual property rights; and/or
- Bring an action to enforce the decision of the arbitrator before any court of competent jurisdiction.
- These Materials Submission Terms will not be assignable by you except as approved in writing by Intellirights, and any unauthorized, purported assignment will be null and void. Intellirights, its successors, and assigns, will have the unlimited right to assign these Materials Submission Terms and the rights granted at any time, in whole or in part, to any party.
- You acknowledge that these Materials Submission Terms shall not apply to any audio, visual or audiovisual material that may be the subject of a separate written agreement between Intellirights and you.
- You will execute any documents (after being afforded a reasonable opportunity to review and/or confirm the same) and do any other acts as may be reasonably required by Intellirights to further evidence or effectuate Intellirights's rights as set forth in these Materials Submission Terms and you appoint Intellirights as your attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which you fail to execute (after being afforded a reasonable opportunity to review and/or confirm the same). Intellirights will promptly furnish to you a copy of all such documents that Intellirights executes on your behalf.
- You hereby acknowledge and agree that by placing your Submitted Materials on Intellirights.com, you have hereby agreed and shall be deemed to have executed the Materials Submission Terms as of the date the Submitted Material was presented for submission online.
- Disclaimer of Warranties
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
- TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, INTELLIRIGHTS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
- YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED MATERIALS. IN ADDITION, INTELLIRIGHTS DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL INTELLIRIGHTS BE LIABLE IN ANY WAY FOR ANY MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL POSTED, E-MAILED OR OTHERWISE TRANSMITTED VIA THE SITE.
- IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
- Limitation of Liability
- YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING:
- THAT UNDER NO CIRCUMSTANCES WILL INTELLIRIGHTS, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, SPONSORS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES (COLLECTIVELY “RELEASED PARTIES”) BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE SITE INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES.
- YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE SITE. AS TO PRODUCT PURCHASES, YOU AGREE THAT INTELLIRIGHTS’S SOLE AND MAXIMUM LIABILITY ARISING FROM ANY PRODUCT SOLD ON THIS SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED.
You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site, and you shall be responsible for all charges related thereto.
12. Online Shopping
We may make certain products available to visitors and registrants of the Web Site. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Intellirights. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
- Distribution limitations and territorial restrictions
- The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Intellirights to any registration requirement within such jurisdiction or country.
- This Site is controlled and operated by Intellirights from its office within the District of Columbia, U.S.A. and, except as specifically provided herein, Intellirights makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable.
- Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any jurisdiction other than the District of Columbia by Intellirights.
- Choice of law and forum selection
Except as specifically provided otherwise herein:
- You agree that any legal lawsuit or other action brought by Intellirights, you or any third party to enforce this agreement, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of courts in the District of Columbia. You and Intellirights agree to submit to the personal and exclusive jurisdiction of the courts within the District of Columbia.
- You irrevocably agree that any and all disputes, claims and causes of action you may have in connection with or related to Intellirights or its site will be resolved individually, without resort to any form of class action.
- Statute of Limitations
- Entire Agreement; Modification and Termination
- Intellirights reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time any materials, information or content available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice. You agree that Intellirights shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
- Intellirights may, in its sole discretion, terminate your use of the Site for any reason, including, without limitation, if Intellirights believes that you have:
- Infringed the intellectual property right of a third party;
- Provided any information that Intellirights is unable to verify or authenticate;
- Uploaded or transmitted unauthorized Submitted Materials to the Site; and/or