Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Compathos, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
In addition, you agree not to use the Site to:
- Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- Use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- Use automated scripts to collect information from or otherwise interact with the Service or the Site;
- Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- Upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, organization, or (iii) are original art or animation created by you or your friends, or your represented organization;
- Register for more than one User account. If you provide any information that is untrue, inaccurate, not current or incomplete, or Compathos has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Compathos 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 Compathos.
- 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 Compathos 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. Compathos will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with this requirement.
Compathos's Intellectual Property Rights and Limited License
Copyright and Trademarks
The Compathos Branded Materials embodied in the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Compathos owns a copyright in the Materials including, without limitation, the selection, coordination, arrangement and enhancement thereof, as well as in the content original to Compathos.
"Compathos", the "Compathos logo", as well as other marks that may appear on the Site ("Marks"), are the service and trademarks of Compathos. 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. Without Compathos's written permission, you agree not to display or use, in any manner, the Marks. 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 Compathos.
Links and Other Sites
Compathos hereby grants you a non-exclusive, limited license, revocable at Compathos's discretion, for you to link to Compathos's home page from any site you own or control and does not criticize or otherwise injure Compathos, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not 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. Such a link is not an endorsement of such other site(s) by Compathos. All of Compathos's rights and remedies are expressly reserved.
Infringement Complaints - Digital Millennium Copyright Act Notice
Compathos Foundation respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that Compathos directly makes available on the Site and we ask our users to do the same. Compathos 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 Compathos, our users or any other party, is infringing, please contact Compathos at the address below. Pursuant to the Digital Millennium Copyright Act, Compathos has a designated agent to receive copyright infringement claims.
Claims, when someone:
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses 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;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization, or create a false identity on the Service or the Site.
Without limiting any of the foregoing, you also agree to abide by our Compathos Code of Conduct that provides further information regarding the authorized conduct of users on Compathos.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Compathos may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Compathos violates this Agreement or the Compathos Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Compathos.
Compathos acknowledges that you own and control the copyright in and to your User Generated Video Submission, subject to the rights you are granting to Compathos hereunder.
- Compathos hereby grants to you the limited, revocable sublicense to Sponsor's name and logo ("Brand Features") as graphically depicted on the User Generated Video assignment page for the sole and limited purpose of producing the User Generated Video Submission. You acknowledge that except to the limited extent provided herein, you shall acquire no right, title or interest whatsoever (implied or otherwise) in or to the name or logo, nor shall you contest Sponsor's right, title or interest thereto of non-profit submittals.
- Representations, Warranties and Indemnities. You represent and warrant that:
- All persons engaged by you to work on the User Generated Video Submission or appears in the User Generated Video Submission:
A. Have no payment claims;
B. Have no rights of approval or consultation and no participation rights whatsoever; and
C. Are not engaged pursuant to any union or guild agreement that result in any ongoing obligations resulting from the exploitation of the User Generated Video Submission.
- The use of all master recording and musical compositions that have been incorporated into the User Generated Video Submission has been authorized in writing by the entities that own or control such master recordings and musical compositions, and that Compathos shall have no obligation to make any payments to such owners or to any other entity in connection with the distribution of the User Generated Video Submission;
- You and all parties that performed any services on, or appear in, any aspect of the User Generated Video Submission have signed therelease available to you on the Compathos website or a similar form that establishes the services as a "work-for-hire" and grants the same rights and releases as in the Compathos Release; and
- You will indemnify and hold harmless Sponsor and Compathos, their parents, and their 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 costs) which arise out of any breach of any of your covenants, agreements, obligations, representations or warranties set forth herein.
A. Except with respect to the Brand Features, your entire User Generated Video Submission is wholly original to you and that no part is a copy or imitation of any other material;
B. Your User Generated Video Submission will not infringe or violate any right whatsoever, including without limitation, any contractual rights, personal rights (e.g., defamation, privacy, false light, moral rights, etc.) or any property rights (e.g., copyright, trademark, etc.) of any person or entity; and is not, and will not be, the subject of any threatened or pending litigation, claim or dispute;
C. You have not granted or transferred any right in or to the User Generated Video Submission to any third party. You have not done anything which has impaired and will not do anything to impair the rights granted to Compathos in any way;
Limitation on Liabilities; Remedies.
- By submitting your User Generated Video Submission you agree that:
A. Any and all disputes, claims and causes of action arising out of or connected with you User Generated Video Submission will be resolved individually, without resort to any form of class action;
B. Any and all claims, judgments and awards will be limited to actual third-party, out of pocket costs incurred not to exceed the amount of the Option Exercise Fee but in no event attorneys' fee be awarded or recoverable;
C. 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 not to exceed the amount of the Option Exercise Fee, and/ or any and all rights to have damages multiplied or otherwise increased; and
D. Your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief.
- The terms and conditions of this agreement and their performance will be binding on you and your heirs, administrators, successors and assigns.
- The construction, validity, interpretation and enforceability of the User Generated Video Submission Terms will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice of law or conflict of law rules
- Notwithstanding the foregoing, you acknowledge that Compathos may nonetheless: Seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these User Generated Video Submissions
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Compathos website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Compathos Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Compathos Copyright Policy for more information on how to report infringement of your copyright.
Notifications: 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