User Content Submission Agreement
User Content Submission Agreement
Please read this User Content Submission Agreement carefully regarding your submission (and our display and distribution) of content to the Site via certain technology, functionality and/or features we make available to you so you can upload and post such content for display via the Site (collectively, the "User Content Submission Features"), and this Submission Agreement applies regardless of what type of Device you use to submit content to the Site.
When you submit User Content, or by using or attempting to use the User Content Submission Features, you are signifying your agreement with and acceptance of all terms and conditions of this Submission Agreement that govern your legal and contractual relationship with JK Imaging Limited (the “JKI”).
We have the right to change the terms and conditions of this Submission Agreement at any time. If you do not agree with all the terms and conditions of this Submission Agreement at any time, including, without limitation, those times when we make changes, do not use, do not attempt to use, and immediately discontinue your use of, the User Content Submission Features, because if you do any of these things you are agreeing to be bound by all of the terms and conditions of this Submission Agreement, including, without limitation, any changes we have made.
IMPORTANT NOTE: You must meet the Eligibility Requirements in Section 2 of this Submission Agreement and each and every time you submit or attempt to submit User Content, among other things, you will be asked to confirm your compliance.
1. Submitting User Content.
The term "User Content" means and refers to any and all content, media and materials you submit all video or audio visual content, footage and photographs filmed and/or recorded with PIXPRO SP360 action camera through the submission portal located http://kodakcamera.pixpro-sp360.com.
Each time you upload or submit User Content (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Submission Agreement. In addition, you shall certify and represent that each User Content has all rights and licenses necessary to grant to JKI the rights granted in the uploading or submission. Instructions for uploading User Content can be found on the Site's web page for the upload of User Content. To be considered for posting and display to the public, User Content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission which can also be found on the Site's web page for the upload of User Content. In order to submit User Content, you will also need to meet our Eligibility Requirements (see Section 2 below).
When you submit User Content you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the User Content, length, your location and/or similar information. By submitting User Content, you are also agreeing and you understand that the term "User Content" also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your submission. Always keep a copy of anything you send because we are not responsible for lost, damaged, misdirected, unusable or unreadable User Content. Proof that you submitted User Content does not constitute proof that we received anything.
2. Eligibility Requirements.
This Site is offered and made available to JKI users worldwide who have an active email account and internet access. If you do not have an active email and internet access and/or do not meet any other eligibility requirements, please discontinue using the Site immediately or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, your certify that you meet all eligibility and requirements of the Site.
3. User Content Standards; Unauthorized Content.
You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any. User Content must be filmed and/or recorded by using PIXPRO SP360 action camera. Neither JKI, nor any of JKI’s Affiliates, represents or guarantees the truthfulness, accuracy, or reliability of any User Content, or endorses or supports any opinions expressed in any User Content. In no event shall JKI or JKI’s Affiliates have or be construed to have any responsibility or liability for or in connection with any User Content. If we determine, in our sole discretion, you have not met the Eligibility Requirements (see Section 2 above) or if, in our judgment, you or any User Content you submit violates this Submission Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Submission Agreement, at law or in equity, to (a) refuse to allow you to submit further User Content, (b) remove and delete your User Content, (c) revoke your registration and right to use the User Content Submission Features and (d) use any technological, legal, operational or other means available to enforce the terms of this Submission Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password.
We make no claim any User Content is appropriate for any particular purpose or audience, or that any video, software or User Content may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any User Content including videos, information, or photographs to countries or persons prohibited under the export control laws and regulations.
You agree you will not submit or attempt to submit, and we have the right to reject, refuse to accept, remove or otherwise handle as JKI deems appropriate, any "Unauthorized Content" which is defined as any User Content that is or could be construed as violating any of the terms and conditions of this Submission Agreement, including, without limitation:
- infringing on a third party's copyright or other intellectual property rights;
- causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying the Site;
- unauthorized access to the User Content Submission Features or information of other users;
- the modification, impairment, disruption, alteration or interference with the use, features, functions, operation or maintenance of the User Content Submission Features;
- any requirements, rules, terms or conditions that may be applicable to the User Content Submission Features;
- filmed and/or recorded without using PIXPRO SP360 camera; or
- showed illegal or other inappropriate or dangerous behavior.
Neither JKI nor JKI’s Affiliates control any User Content submitted, although we may use both automated and manual means of reviewing User Content in order to prevent Unauthorized Content from appearing and being displayed on our Site. JKI reserves the right to review any submitted User Content and to delete, remove, move, edit or reject, without notice to you, any User Content that we deem, in our sole discretion, abusive, defamatory, obscene, pornographic, lewd, profane, disparaging, indecent, fraudulent, false, misleading, deceptive, vulgar, offensive, discriminatory, hateful, harmful, violent, threatening, in violation of any applicable law or regulation including but not limited to copyright, trademark or other intellectual property rights, to be in violation of this Submission Agreement or to be unacceptable to JKI, for any reason or for no reason whatsoever; provided, however, that JKI and JKI’s Affiliates shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If JKI receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law (see Section 4 below), we may remove User Content associated with such claim. JKI reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Site or to comply with legal, regulatory, audit and compliance obligations.
4. Copyright Infringement.
If you believe any User Content violates the copyright of any other party, you can notify us by written email or letter immediately. On the written email or letter, you should provide sufficient evidence that which User Content violates the copyright.
5. Rights Granted to JKI.
In connection with all User Content you submit using the User Content Submission Features, you grant to JKI and JKI’s Affiliates, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Content on the Site (regardless of the Device through which the Site may be accessed) and any other channels, services, and other distribution platforms, whether currently existing or existing or developed in the future, of JKI and JKI’s Affiliates (collectively, the "Platforms"), for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to JKI and JKI’s Affiliates, in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to JKI and JKI’s Affiliates, these rights include, without limitation, the right to distribute and synchronize all or any portion of your User Content in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your User Content; to encrypt, encode and decode, and compress and decompress all or any portion of your User Content; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your User Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your User Content; and to excerpt and/or extract portions of your User Content in order to host, store, index, categorize and display your User Content on or through the Platforms.
By submitting User Content, in addition to the rights, licenses and privileges referred to above, you are also granting JKI and JKI’s Affiliates, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Platforms, and any products, goods, features, functions, capabilities and/or services associated with JKI and JKI’s Affiliates and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your User Content, for any purpose whatsoever, without any credit, compensation or accounting to you, in products or services developed by JKI and JKI’s Affiliates, without limitation or restriction whatsoever.
The rights, licenses and privileges described in this Submission Agreement and granted to JKI and JKI’s Affiliates, shall commence immediately upon submission of your User Content to or through the User Content Submission Features and continue thereafter perpetually and indefinitely, regardless of whether you continue or remain a registered user or not, unless and until terminated, in whole or in part, by JKI on notice to you. Notwithstanding the foregoing, you acknowledge and agree that neither JKI, nor JKI’s Affiliates, shall be required or have any obligation to host, index, display, accept or use any submitted User Content (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and JKI may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any User Content. Once you submit or attempt to submit User Content you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to JKI or JKI’s Affiliates. You are not entitled to and you will not receive any compensation or other consideration for your User Content or any use made of your User Content once submitted. You also understand and agree that neither all or any portion of your User Content, nor any commercial, advertisement, promotional, marketing or other material associated with your User Content, need to be submitted for approval prior to use.
You hereby release JKI and JKI’s Affiliates from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your User Content, including, without limitation, any and all liability for any use or nonuse of the your User Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. JKI and JKI’s Affiliates, have the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with your User Content and the rights granted to JKI and JKI’s Affiliates hereunder.
JKI has the right to license, authorize and/or otherwise enter into agreements and arrangements with any JKI’s Affiliates to do or perform any of the activities, exercise any of the rights and/or undertake any of the responsibilities granted or imposed under this Submission Agreement, in whole or in part. To the extent JKI does so, when you submit User Content each JKI’s Affiliate shall be entitled to exercise and benefit from the terms and conditions, rights, licenses and authorizations granted to JKI hereunder and related thereto as if you had entered into this Submission Agreement with such Affiliate directly.
JKI retains all right, title and interest in and to the User Content Submission Features, including, without limitation, to all associated intellectual property and proprietary rights existing anywhere in the world and you acquire no ownership, proprietary or other rights, title or interest in or to the User Content Submission Features.
Except for the licenses, authorizations, consents and rights granted hereunder and described in this Submission Agreement, as comprehensive and broad as they may seem or actually be, JKI acquires no title or ownership rights in or to any User Content you submit and nothing in this Submission Agreement conveys to us any ownership rights in your User Content. JKI is acting only as a host, bulletin board or conduit for submitted User Content, with all of the specific rights granted by you hereunder. Although by your submission of any User Content you are requesting and directing us and any of JKI’s Affiliates with whom we have made arrangements, to take advantage of and exploit all of the rights and privileges granted hereunder (including, without limitation, the right to display and post the User Content on the Platforms), neither we, nor any of JKI’s Affiliates have any obligation to do any of these things.
You must own the rights to the User Content you submit and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in this Submission Agreement. If you do not exclusively own all of these rights, you must have all necessary authorizations, permissions, approvals, consents, rights and licenses from the owner(s) to enter into this Submission Agreement and perform and comply with all of its obligations. You represent, warrant and covenant to JKI and JKI’s Affiliates and, by submitting User Content, you reaffirm each such representation, warranty and covenant, that (a) you are not a minor and you have the legal right and capability to enter into this Submission Agreement and perform and comply with all of its terms and condition or, if you are a teenager, your parent or legal guardian has agreed to this Submission Agreement on your behalf, (b) all of the information provided by you associated with your User Content is correct, complete and current, (c) your submission of any User Content does not violate this Submission Agreement, any rights of any other party, any of your obligations, any law or regulation or infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any party, (d) you hold and will continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Submission Agreement as described. Upon the request of JKI, you will furnish JKI any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Submission Agreement, including, without limitation, the foregoing representations, warranties and covenants. You represent and warrant that the submission of your User Content is not subject to or under the jurisdiction of any guild or union collective bargaining agreement, and you further acknowledge that JKI and/or JKI’s Affiliates is not signatory to any such agreement. Notwithstanding anything to the contrary, you also understand and agree that JKI and/or JKI’s Affiliates shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of the User Content.
You acknowledge that other persons may have submitted User Content to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your User Content or concepts contained therein, and you understand and agree you will not be entitled to any compensation because of the use or exploitation thereof and the submission of User Content, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any User Content you or anyone else submits, that is purely coincidental and unavoidable.
7. Financial Consideration; Prize Consideration.
JKI reserve the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and operating the Site, the User Content Submission Features or other Platforms and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your User Content may be displayed on or otherwise used by or in connection with the Site, the User Content Submission Features or other Platforms.
However, from time to time, JKI might hold an activity that selects one or few excellent User Contents and the selected User Content will be awarded. In such an activity, JKI will review, evaluate and judge the eligible User Contents, solely at its discretion, to select the best User Content(s). JKI reserves the right not to select any User Content if,in its sole discretion, it does not receive an eligible and qualified User Content in such activity.
In the activity held by JKI, there will be at least one prize as a prize consideration and JKI has the right to determine, change or cancel the prize at its sole discretion. If your User Content is selected by JKI as the best User Content and you win the prize, you are solely responsible for any and all taxes, if any, that apply to said prize. You are required to complete and submit a W-9 to JKI prior to delivery of said prize.
Furthermore, if your User Content is selected by JKI as the best User Content, you will be notified by JKI on the Notification Date individually via email and may also be announced on the Site. You may be required to sign and return an Affidavit of Eligible and Liability/Publicity Release within ten (10) calendar days of date of receipt. Should there be any question as to originally of a selected User Content, of in the activity that ownership of User Content cannot be satisfactorily determined by JKI, JKI reserves the right to revoke the prize and disqualify the User Content. Moreover, if you cannot be contacted, are ineligible, fail to claim a prize and/or where applicable an Affidavit of Eligible and Liability/Publicity Release is not timely received, is incomplete or modified, the prize may be forfeited and awarded to another selected User Content.
Your indemnification obligations under the Agreement include, without limitation, any third party claims arising from, related to or caused by your User Content, the submission of User Content and/or in any way associated with this Submission Agreement and/or the Site.
You agree to indemnify, defend and hold the Site, JKI, and any of JKI’s Affiliates, and any of JKI’s successors and assigns, and any of JKI’s respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your User Content.
9. Disclaimers and Limitation of Liability.
THE USER CONTENT SUBMISSION FEATURES ARE PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE USER CONTENT SUBMISSION FEATURES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS SUBMISSION AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE OR USER CONTENT SUBMISSION FEATURES. JKI AND JKI’S AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SITE OR USER CONTENT SUBMISSION FEATURES, 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 USER CONTENT SUBMISSION FEATURES WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER.
THE SITE AND USER CONTENT SUBMISSION FEATURES ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF THE USER CONTENT SUBMISSION FEATURES THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. JKI AND JKI’S AFFILIATES DISCLAIM ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS SUBMISSION AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. JKI AND JKI’S AFFILIATES 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.
JKI may terminate this Submission Agreement with you and your right to use the User Content Submission Features at any time without notice to you.
This User Content Submission Agreement was last modified on the date indicated above and is effective immediately.