Video Submission Policy

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Epic Fails (“we,” “us,” “our,” or “ourselves” whether in uppercase, lowercase, or a combination) welcomes video submissions from users of the Site (“you,” or “your” whether in uppercase, lowercase, or a combination) through the Epic Fails Video Submission Form (“Form”), which is located on our official website, EpicFails.TV (“Site”).

We define “video” whether in uppercase, lowercase, or a combination, as any and all media you submit through the Form, including, without limitation, the recording and display of moving visual media and any name, image, likeness, caricature, visual effect, vocal or other sound, sound effect, music, voice, voice reproduction, or performance featured in such media, regardless of the tangible medium, broadcast medium, form, or format, and regardless of where produced.

You submit your video through the Form once you click, tap, or otherwise activate the “Submit” button located at the bottom of the Form after, at minimum, completing the required fields in the Form, each denoted by an asterisk (*).

This Video Submission Policy (“Agreement”) constitutes the agreement between you and us with respect to the video you submit through the Form and describes the rights, licenses, authorizations, and permissions you confer on us by submitting your video through the Form. Such rights, licenses, authorizations, and permissions, described hereinafter, shall commence immediately upon your submission of your video through the Form and continue thereafter perpetually, unless and until terminated, in whole or in part, by us, with or without notice to you. Notwithstanding the foregoing, you acknowledge, accept, and agree that we shall not be required or obligated to host, index, display, accept, or otherwise use any submitted video or exercise any or all of the rights granted to us. You also acknowledge, agree, and accept that you are not, nor shall you be, entitled to any compensation or other consideration for your video, any modified versions of your video, or any use made of the video you submit through the Form. By submitting your video through the Form, you affirm and certify that you have read, understand, and agree to be bound by this Agreement, along with our Terms of Use and Privacy Policy.

Exclusive License Grant

By submitting your video through the Form, you automatically grant us the unqualified, unrestricted, perpetual, irrevocable, unconditional, unlimited, sublicensable, transferable, and exclusive right, license, authorization, and permission to:

1. copy, cut, edit, amend, modify, prepare derivative works of, and otherwise manipulate your video or incorporate your video in other works of any form or format;
2. use, publish, distribute, post, display, exhibit, broadcast, transmit, and share your video or any modified versions of your video in any and all media, formats, channels, and domains;
3. license to others, commercialize, perform, enforce, and otherwise exploit your video; and
4. use and refer to your name, image, likeness, characteristic, or other distinctive identification featured in your video, with or without compensation or notice to you.

For the avoidance of doubt, and without limiting the generality of the rights granted to us, submitting your video to us through the Form constitutes your decision to grant us, without limitation, the exclusive right to:

1. post your video, or any modified versions of your video, to our accounts on third-party social media networks such as Instagram, TikTok, Facebook, Twitter, and YouTube (collectively, “Social Networks”);
2. use your video, or any modified versions of your video, in advertising or promotional material;
3. license your video to others for payment;
4. field, pursue, and accept sponsorship opportunities in relation to your video;
5. make and sell merchandise that incorporates your video or any modified versions of your video, including images therefrom; and
6. pursue and receive damages and other fees for all infringements—past, present, and future—of intellectual property rights in and to your video.

We do not guarantee, however, that any of your video will be used, published, or otherwise exploited by us. We reserve the right to, but are not obligated to, use, edit, modify, remove, or otherwise manipulate your video for any reason, at any time, and without notice to you.

The rights that you grant to us by submitting your video through the Form, described by this Agreement, are exclusive. As such, by entering this license, you agree that:

1. you will not grant, and have not granted, any rights in or to the video to any third party;
2. you will not submit, and have not submitted, your video to any third party; and
3. you will not continue to distribute your video to your accounts on Social Networks without our express consent.

By submitting your video through the Form, you release us from, and agree not to assert, any and all claims of any rights, encumbrances, claims, liens, demands, actions or suits which you may or can have in relation to your video, including, without limitation, claims of:

1. copyright infringement;
2. invasion of privacy;
3. violation of your rights of publicity;
4. emotional distress;
5. economic loss;
6. defamation, libel, and slander; and
7. “moral” rights stemming from modification to your video.

Except for the rights, licenses, authorizations, and permissions described in this Agreement, you retain any and all rights which may exist in your video.

Prohibited Video

You are prohibited from submitting through the Form any video that:

1. has been taken from a third party;
2. includes the trademarks, video or material of a third party;
3. has been sold to or exclusively licensed to a third party;
4. violates this Agreement or the rights of a third party;
5. encourages or depicts criminal or tortious activity;
6. is technically harmful (including, without limitation, logic bombs, Trojan horses, viruses, worms, harmful data, harmful components, corrupted data, or malicious software);
7. features the name, image, voice, or performance of any individual who did not provide his or her consent to having the foregoing used for the purposes hereunder; and
8. depicts severe injury, death, or gore.

If we determine that your video submission through the Form violates this Agreement in any way, we reserve the right, at any time, with or without notice to you, to:

1. reject or refuse to accept your video
2. review, edit, or modify your video;
3. remove your video from our accounts on Social Networks;
4. prohibit further submissions by you; and
5. enforce the terms of this Agreement through any legal, operational, technological, or other means.

By submitting your video through the Form you agree not to engage in any of the prohibited behaviors outlined above.

Representations and Warranties

By submitting your video through the Form, you represent and warrant that your video does not and will not violate any of the prohibitions listed in the “Prohibited Video” section of this Agreement.

Without limiting the foregoing, you also represent and warrant that:

1. you are legally responsible for your video;
2. you have the legal right and capability to enter into this Agreement;
3. you did not copy, rip, download, or otherwise take your video from any third party;
4. you have not before granted, and will not in the future grant, any rights to your video to any third party; and
5. you own or have the required rights, licenses, authorizations, and permissions to use and authorize us to use your video in the manner described by this Agreement.

You agree to produce any documentation, substantiation, and releases to prove, verify, and substantiate your compliance with this Agreement upon our request.

Ownership

We retain all right, title, and interest in and to the Site and the Form, including, without limitation, all associated intellectual property and proprietary rights existing anywhere in the world. You acquire no rights, title, ownership, or interest in or to the Site or the Form.

Changes to This Agreement

We may change this Agreement at any time with or without notice to you. It is your responsibility to review this Agreement regularly and remain informed of any changes. Unless otherwise stated, any changed version of this Agreement shall be effective immediately upon posting on the Site here. If any changes to this Agreement are unacceptable to you, you shall immediately cease using, attempting to use, or continuing to use the Site. If you use, attempt to use, or continue to use the Site following any changes to this Agreement, you are deemed to have accepted such changes and agreed that you have read, understand, and agree to be bound by the entirety of the changed Agreement.

Incorporation of Privacy Policy

We encourage you to read our Privacy Policy, which is hereby incorporated into this Agreement by this reference, for information pertaining to the ways in which we collect, use, and disclose videos and personal information.

Incorporation of Terms of Use

This Agreement supplements our Terms of Use, which comprises the remainder of the terms governing the submission of your video and is hereby incorporated by this reference into this Agreement.

If you have any questions regarding this Agreement, please send an e-mail to contact@epicfails.tv with the subject line “Video Submission Policy.”