THE SERVICES; AUTHORIZATION TO USE:
Arbitration Notice: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU and Smile TV, LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- CONTENT: “Content” shall mean: any text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, graphics, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, interactive features, Your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that are submitted, posted, uploaded, embedded, displayed, distributed, communicated or otherwise added to or through the Services.
- PERPETUAL ROYALTY-FREE, WORLDWIDE LICENSE: By adding or uploading Content to us either to or through the Services, You are transferring ownership of the Content to Smile TV, LLC . Said transfer gives Smile TV, LLC the exclusive, fully-paid, royalty-free, licensable and transferable (in whole or part) worldwide right, title and interest in and to this Content and the fully-paid, royalty-free, licensable and transferable (in whole or part) worldwide license to all embedded third-party copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights You own or control, to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Content, in whole or in part, in all media formats and channels now known or hereafter devised (including, but not limited to, on websites, cable and broadcast television networks and stations, on broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to You or the foregoing third-party(ies), with or without attribution, and without the requirement of any permission from or payment to You or to any other person or entity. This transfer and grant of rights is perpetual, irrevocable, and transferable by Smile TV, LLC , and grants Smile TV, LLC and their affiliates, and sub-licensees the exclusive right to display, reproduce, edit, modify, adapt, publish, translate, and distribute this Content nationally and internationally and in any media, throughout the universe, with or without the name associated with this Content or any other form of attribution.
- NAME AND LIKENESS: Without limiting the foregoing grant of rights, You understand and agree that Your grant also includes the right to use Your name, voice, likeness, biographical information, appearance and performance in and in connection with the Content or video and/or the Programs, as “Programs” is defined below (collectively, the “Personal Rights”). Your grant includes use of Your Personal Rights and any use we may make of the Content, including, without limitation, any use of the Content in and/or in connection with, any version of “Smile TV,” and/or any other program(s), format(s), production(s), commercials, commercial tie-ins, product endorsements, product merchandising and/or merchandising of any kind, whether or not related to “Smile TV,” and also includes, without limitation, the right to use the Content and the Personal Rights to publicize, advertise and promote any and all of the Programs and/or broadcaster’s or other applicable exhibitor’s or transmission entity’s respective programs, products or services, including transmission by satellite and over the Internet (collectively the “Programs”) in any and all media, whether now known or hereafter devised, including, without limitation, all forms of content (including, but not limited to, videocassettes, DVDs, digital recordings or transmission, etc.); theatrical motion pictures; compilations; printed media; the Internet, websites and any and all digitized versions (including, without limitation, any sponsored or commercial use in connection with online banner, “pre roll,” “post roll,” and/or targeted advertising, graphic overlays and watermarking (and any other modifications or edits to the Content itself) digital and electronic devices (including, but not limited to gaming devices such as entertainment stations and handheld devices, such as, Nintendo, Playstation, Xbox, Gameboy, DS, PSP, and cell phones); all new media and future technologies and all forms of television, (e.g., free, pay, pay-per-view, cable, satellite or otherwise) throughout the universe in perpetuity and in any and all advertising, publicity and promotion relating to any of the foregoing (all of the foregoing, collectively, “Commercial Rights”). You also understand and agree that we may sell, assign or license the rights hereunder (in whole or in part) to any third party in our sole discretion and without providing any further consideration to You.
- YOUR PERSONAL USE: Further to the foregoing, Smile TV,LLC grants to You a limited, nontransferable, noncommercial, personal use license in the Content for the purpose of personal use, including using the Content in Your personal social networking account(s) online (which should be set to private). This personal use license permits Your use of the Content in connection with no more than one (1) account per social networking site. This license does not in any way permit You to license, sell, transfer, or otherwise commercialize or monetize the Content with any third-party, including without limitation exhibiting and/or distributing the Content except as described in this paragraph, and/or using the Content or any portion thereof as a submission to any third-party contests.
To the extent that we solicit Content through features or activities on or through the Services (including games, sweepstakes, contests, promotions and the like) that require the use of our copyrighted works (in whole or in part), we hereby grant You a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating Your Content); provided however, that such license shall be conditioned upon Your assignment of all rights in the work You create to us. If such rights are not assigned to us, Your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not Your Content is used by us.
In the event that we offer downloads of software on the site and You download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to You by us or third-party licensors for Your limited, personal, noncommercial home use only. We do not transfer title to the Software to You. Except as permitted under applicable law, You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble, adapt it, or otherwise reduce the Software to a human-readable form, except to the extent permitted by applicable law.
- TIME LIMITATION ON CLAIMS: You agree that any claim you may have arising out of or related to your use of the Services or relationship with Smile TV, LLC must be filed within one year after such a claim arose; otherwise, your claim is permanently barred.
We may revise these Terms from time to time; the most current version will always be on the website By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The Services are operated and provided by Smile TV, LLC , having a mailing address of 845 E. Easy St., Suite 104, Simi Valley, California 93065. If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
REPRESENTATIONS AND WARRANTIES:
- You warrant that You have not submitted or granted the rights to the Content to any third party, including without limitation, any television or media entity or to any website or internet provider, except by private transmission to Your family solely for their own private use and with no other rights granted to the Content.
- To the extent that any Content You add or upload through the Services contains original songs or recordings, You hereby represent that You are either a member of ASCAP, BMI, SESAC or other applicable mechanical performing rights and/or copyright owners society and that You have the right to license to us, at no cost to us, all musical compositions (including lyrics) and the sound recordings, or otherwise the sound recordings contained in such Content are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies, or that You otherwise may grant us all such rights. Notwithstanding the foregoing, regardless of whether You are a member of any rights society, You grant the foregoing license and rights with respect to each and every musical composition in which You have the authority or right to grant us such rights (including lyrics) and sound recordings contained in such Content. In the event You cannot grant us such rights to the sound recordings You agree that we may remove the Content from the site or alter the Content to remove and/or replace the sound recordings at our sole election.
- You hereby agree to indemnify, defend and hold Smile TV, LLC and its affiliates, licensees, grantees, successors and assignees, the Program(s) broadcasters, and the respective officers, directors, employees and representatives of each of the foregoing entities, companies, and organizations and any and all other related person(s) or entity(ies), harmless against any and all losses, claims, debts, demands, liabilities, attorneys’ fees and expenses, and all other damages or costs arising from or related to: a) any breach of the representations or warranties made herein or the falsity of any of such representations or warranties, including, without limitation, any and all claims by third parties that their signature(s) has or have been forged or otherwise obtained by any improper means, and b) the use by grantees of any of the rights and permissions You have granted herein, and c); and any act or omission by You in connection with Your submissions or application for or an appearance in the Program.
DISCLAIMERS: Smile TV, LLC cannot and does not assume any liability from user Content posted to the site. Use of the Smile TV website and the Services it provides are at Your sole risk. Smile TV, LLC cannot and will not guarantee up-time, accuracy of content, or future features although we will strive to meet our own exacting standards and will encourage the community to be self-policing. The Services are in continuing revision and improvement, so bugs and errors should be expected occasionally and reported to email@example.com. Downloading any content from the site will be done at Your own risk and Smile TV, LLC is not responsible for any harm that may be done to Your computer. Special needs users should consult their physician before using the site. Smile TV, LLC is not responsible for any defamatory, unlawful, pornographic, or otherwise offensive or infringing material You may find while navigating the Smile TV website. Smile TV, LLC is not required to screen any Content on the Smile TV website but reserve the right to remove or edit any Content without prior notification at any time. We encourage You to report infractions or infringing content to firstname.lastname@example.org. Smile TV, LLC is not responsible for any loss of data from failure of Smile TV’s computer systems, storage systems or for any other reason. Members should create back-up copies of their information and submissions in case any Smile TV, LLC data is lost or removed at any time.
SUBJECT TO APPLICABLE LAW, THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SITE, THE SERVICES, Smile TV, LLC OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM THE SITE IS PROVIDED “AS IS” AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Smile TV, LLC, SERVICES, INCLUDING THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR FREE OF NEGLICNECE. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS FOR USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS.
Reliance on any information appearing on an Smile TV, LLC website or Services is strictly at Your own risk. This site may contain the opinions and views of other users. Given the interactive nature of these sites/Services, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any Content generated by our users. The Content of the Smile TV site is intended for educational and entertainment purposes only. The content therein is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes.
LIMITATION OF LIABILITY: SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR GROUP UNDERTAKINGS, OUR AND OUR GROUP UNDERTAKINGS’ PARTNERS, LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SERVICES. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SERVICES OR CHANGE THE SERVICES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.
WITH RESPECT TO USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS, THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.
IMPERMISSABLE CONDUCT: We reserve the right at all times, at our sole discretion, to remove or refuse to distribute any Content on the Services and to terminate user profiles. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to comply with any applicable law, regulation, legal process or government request; enforce the Terms, including investigation of potential violations hereof; detect, prevent, or otherwise address fraud, security or technical issues; respond to user support requests; and/or protect the rights, property or safety of Smile TV,LLC, its Users and the public.
The following is a list of actions that Users are prohibited from doing in conjunction with the Users’ access or use of the Services:
Users shall not:
post content (including, but not limited to, words, photos, and video clips) that contains the following:
- Defamatory, illegal or encouraging of illegal activities or the discussion of illegal activities, pornographic, violent, obscene, abusive material or material Smile TV, LLC finds objectionable due to any potential perceived liability;
- Trademark, copyright, or other intellectual property or identity rights infringements;
- Commercial solicitation
- Private information (credit card numbers, phone numbers, e-mail addresses, etc.);
- access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of Smile TV, LLC’s providers;
- access or search or attempt to access or search the Services by any means other than through our currently available, published interfaces that are provided by Smile TV,LLC, unless the user has been specifically allowed to do so in a separate agreement with Smile TV, LLC;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- impersonate another person or falsely state or otherwise misrepresent your affiliation or employment with a person or entity, or adopt a false identity if the purposes of doing so is to mislead, deceive, or defraud another;
- post unauthorized commercial communications (such as spam);
- collect Users’ content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
- upload viruses or other malicious code, or use the Services to do anything unlawful, misleading, malicious, or discriminatory;
- solicit login information or access an account belonging to someone else;
- bully, intimidate, or harass any User;
- post content that is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
- display or produce any User Content that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, and laws governing trade secrets, rights to publicity or privacy;
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
- interfere with, or disrupt, or attempt to interfere with or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Services.
Smile TV, LLC OFFICIAL CONTESTS: If You wish to participate in one of the Smile TV contests, You may do so through the Smile TV website. In order to enter the contest, You must read and agree to the rules, which can be found there. Notwithstanding any other provisions of this site concerning ownership or submissions, all aspects of our ownership and Your submission to the Smile TV, LLC contest will be governed by the Smile TV, LLC contest rules.
ADVERTISING: Smile TV, LLC may offer advertisements and promotions on the Services or website. Interacting with these advertisers will be solely Your responsibility.
UNSOLICITED CONTENT: There are two types of Content: Solicited Content and Unsolicited Content. “Solicited Content” means Content (a) that we expressly request or enable You to provide to us via any feature or activity on the site for our review or display and/or distribution and possible specifically defined consideration or compensation explicitly offered by us (collectively, “Consideration”) (such as prizes or other value in games, sweepstakes, contests and promotions, or the chance to have Your Content featured on our television program(s)); or (b) that You add to the site for which You do not seek Consideration. (See below for the special rules and conditions that apply to all contests, including the contest conducted through “Smile TV,LLC.”) “Unsolicited Content” is any and all Content that does not fall within subparagraphs (a) or (b) of this paragraph.
Supply of goods, services and software through the Services is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Services, You represent and warrant that Your acquisition comports with and Your use of the item will comport with those requirements. Without limiting the foregoing, You may not acquire goods, services or software through the Smile TV, LLC Services if: 1) You are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if You are on the United States of America Treasury Department’s Specially Designated Nationals List or the United States of America Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) You intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
- RELATIONSHIP OF THE PARTIES: If You are a director, officer or employee of Smile TV,LLC or their respective subsidiary or affiliated companies or an immediate family member residing in the same household of any of the preceding persons, You must disclose this relationship when You establish Your account, upload Your Content or otherwise use the Services.
- TRADEMARKS & COPYRIGHT: Smile TV is a trademark of Smile TV, LLC. The Smile TV website and its aggregate content, including all logos, look and feel, headers, images, content, language, and proprietary data and software are ©2015 Smile TV, LLC. All rights reserved.
All of the Smile TV, LLC Services, trademarks, slogans, service marks, trade names, design including all logos, look and feel, headers, images, content, language, and slogans, data, and software are the proprietary property of Smile TV, LLC and/or our partners, affiliates, licensors or licensees, and are subsequently protected by U.S. and international copyright laws. This Content cannot be used or copied without Smile TV’s written consent. To request permission, contact email@example.com. Framing or iFraming the website is strictly prohibited.
We may change the Services or delete content or features at any time, in any way, for any reason. Except as we specifically agree in writing, or as stated otherwise herein, no content from the site may be used, reproduced, transmitted, distributed or otherwise exploited in any way or on any other site as part of the site, not even as part of a derivative work, except that where the site is configured to enable the download of particular content, You may download one copy of such content to a single computer for Your personal, noncommercial home use only, provided that You (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for Your own back-up purposes), or create any derivative works based on the site or the content, in whole or in part, and (c) do not use the content in an unlawful manner or in a manner that suggests an association with any of Smile TV, LLC or their partners or affiliates products, services or brands. Any business use, re-mailing or high-volume or automated use of the site is prohibited.
- CONTENT OWNERSHIP ON WEBSITE: All content on the Smile TV website, excluding materials where authorship is clearly attributed to Smile TV (e.g., Smile TV’s blogs and news pages), is created by our members and Smile TV takes no responsibility for the accuracy of reviews and other information. The community is self-policing. We encourage our members to research the site and to report inappropriate content and any advertising language (commercial solicitation). At no time should a member post advertising content on their or others profiles. Violating this rule could result in Your profile being permanently deleted. Inappropriate content should be immediately reported to firstname.lastname@example.org.
There are a variety of places on the Smile TV website where members can post reviews, ratings, comments, and other content. Content should be honest and not defamatory or disparaging and should not infringe upon the intellectual property rights of third parties. Any form of spam or commercial solicitation is strictly prohibited. Smile TV,LLC reserves the right to remove or edit Content as it deems necessary in its sole discretion. The community is self-policing, and inappropriate content can be reported at any time to email@example.com.
ARBITRATION; NO CLASS ACTIONS
Except if you opt-out or for disputes relating to: (1) your or Smile TV’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) violations of provisions 6, 8, or 14 of the “Impermissible Conduct,” clause above, you agree that all disputes between you and Smile TV, LLC (whether or not such dispute involves a third party) with regard to your relationship with Smile TV,LLC, including without limitation disputes related to these Terms, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Smile TV, LLC hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Smile TV, LLC will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Smile TV, LLC is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Smile TV, LLC or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
You may opt out of this agreement to arbitrate. If you do so properly, neither you nor Smile TV, LLC can require the other to participate in an arbitration proceeding. To opt out, you must notify Smile TV,LLC in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Smile TV Group
845 East Easy St., Suite 104
Simi Valley, California 93065
You must include your name and residence address, the email address and username you use for your Smile TV, LLC website account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Smile TV, LLC.
I understand and agree that employees of Smile TV, LLC, or subsidiary, and affiliated companies and anyone involved in the production, or administration of the contest, as well as immediate family/same household members of anyone so employed or engaged are not eligible for prize awards.
I represent that I am not (and to the best of my knowledge, that any person appearing in the Video is not) a candidate for public office and will not become such a candidate for Eighteen months from the date I sign this Agreement for my Video to be considered for inclusion in an episode.
I understand and agree that you may assign your rights hereunder in whole or in part to any person, firm or corporation, and such rights may be assigned again by any assignee thereof. I understand and agree that I may not grant or purport to grant to any third party the rights granted to you under this Release. This Release will be governed by and construed under and in accordance with the laws of the State of California. I hereby consent and agree to the exclusive jurisdiction of the federal and state courts of the State of California located in the County of Los Angeles, in connection with any lawsuit, action or proceeding arising out of or related to this agreement, the use of the Video, and/or to any rights granted hereunder.
I agree to execute any additional documents which you may from time to time submit to me to evidence, establish, maintain, protect, enforce or defend your exercise and full exploitation of any of the rights I have granted herein including without limitation, your right, title and interest in and to the Video or any portion or element thereof. If I fail to execute and deliver such documents, I hereby appoint you as my attorney-in-fact, with full right of substitution and delegation, to execute any such documents in my name and on my behalf to effectuate the purpose of this agreement, such power being irrevocable and coupled with an interest.
AS THE OWNER OF THE VIDEO, I FURTHER STATE AS FOLLOWS:
(PER CONTEST RULES A MINOR OWNER MUST BE AT LEAST 13 YEARS OF AGE)
I shall be responsible for and warrant that I will pay all local, state and federal taxes on any prize that I may win. I release you, your licensees, successors and assigns from all liability for any such taxes. You may deduct or require payment of any such tax before delivery of any prize.
This agreement constitutes the entire understanding between you and me, and supersedes all prior negotiations, understandings and agreements, whether written or oral, pertaining hereto and cannot be modified except in a written document signed by you and me. Any waiver of any term of this agreement in a particular instance shall not be a waiver of such term for the future. If any provision, term or condition of this agreement is held invalid or otherwise unenforceable, the validity and enforceability of the remaining provisions, terms and conditions shall not be impaired thereby. This agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute one and the same instrument, respectively.
I declare under penalty of perjury under the laws of the State of California and of the United States that all statements made by me in this agreement are true and correct, that the name below is my legal name, and that the signature below is my legal signature.
I understand and am bound by all terms contained in this agreement. Further, I understand that you would not further evaluate the Video without this agreement and that should you include the Video or any portion thereof in any Program(s) or exercise any other rights granted hereunder, you will be doing so in reliance on this agreement.
IF THE OWNER OF THE VIDEO IS BETWEEN 13 AND 18 YEARS OF AGE, OWNER FURTHER STATES AS FOLLOWS:
(PER CONTEST RULES A MINOR OWNER MUST BE AT LEAST 13 YEARS OF AGE)
I represent and warrant that I am either: (i) the parent (with sole or shared custody, as applicable) or (ii) the legal guardian of the minor child (the “Minor”) (who is a User of the Services) and that I have the legal capacity to enter into irrevocable, binding agreements on behalf of the Minor. The Minor and I, both individually, and, additionally, I, on behalf of the Minor and as the Minor’s parent or legal guardian, agree to be bound by all of the provisions of this agreement. As a material part of the consideration inducing you to enter into the foregoing agreement with Minor for use of the Video and the possible benefits arising therefrom, I do hereby: ratify and approve each and all of the terms, conditions, rights, indemnities, releases and obligations contained in the agreement; agree to attempt to secure and to do nothing directly or indirectly to hinder or prevent the full performance thereof by the Minor; consent to the use of Minor’s name, likeness, and voice as provided in the agreement, in and in connection with the production, distribution, exhibition, exploitation and promotion of the Program; and irrevocably guarantee and warrant that Minor will not disaffirm or disavow the agreement on the grounds that Minor is a minor at the date of the execution thereof, or on any other similar grounds.
This guarantee shall be applicable as well to any modification, amendment, extension, renewal or substitution of the agreement, and to the agreement as modified by any waiver. If Producer elects to seek Court approval of this agreement, I, in consideration of the execution of the agreement by the Producer, further agree to cooperate with Producer to secure the approval, by a Court of competent jurisdiction, of the agreement. I agree to indemnify and hold the Releasees (as defined in the agreement) harmless from and against any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees which may arise from the breach or alleged breach by Minor or me of the foregoing.
THIS IS A LEGAL DOCUMENT. YOU AGREE THAT, SUBJECT TO THE TERMS HEREIN, YOU ARE TRANSFERING ALL YOUR RIGHTS IN THE SUBMITTED CONTENT TO Smile TV, ITS PARENTS, AFFILIATES AND/OR ASSIGNS, IN PERPETUITY, IN ALL MEDIA, THROUGHOUT THE UNIVERSE.
By clicking “SUBMIT” I agree that I have read the above and agree to the terms therein.