Terms Of Service
Terms of Service
Your Acceptance
BY CLICKING THE I HAVE READ AND AGREE TO THE TERMS OF USE BUTTON APPEARING AT THE BOTTOM OF THIS AGREEMENT AND USING AND/OR VISITING THE ASH WEBSITE (the WEBSITE), YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (the “AGREEMENT”) AND THE TERMS AND CONDITIONS OF ASH’S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.ActionSportsHub.com (ASH), AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE WEBSITE.
User Submissions
ASH encourages members of the public to submit videos that they have produced for consideration in connection with its website and related television programs and wireless and online broadcasts.
ASH does not encourage, and does not seek videos that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. ASH will reject any submissions in which ASH believes, in its sole discretion, that any such activities have occurred.
If notified by a user of a submission that allegedly violates any provision of this Agreement, ASH reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Website.
IMPORTANT: IF YOU ARE UNDER THE AGE OF 18, ASH WILL NOT CONSIDER YOUR SUBMISSION WITHOUT YOUR PARENT OR GUARDIAN’S CERTIFICATION THAT THEY HAVE APPROVED OF THE ACTIVITIES INVOLVED WITH YOUR SUBMISSION BEFORE YOU BEGAN PRODUCING IT.
License Grants
By posting or sending a video or any other visual, audio or communication content (User Submissions), you expressly grant ASH a royalty-free, sublicensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and make derivative works of such User Submission and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and ASH shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
Subject to the terms and conditions of this Agreement and provided you have paid all amounts owed to ASH , you are hereby granted a non-exclusive, limited, personal license to use the Website solely for your personal, noncommercial use on your own behalf. ASH may terminate this license at any time for any reason or no reason, subject to a refund of any amount you have paid to ASH during the thirty (30) days prior to such termination.
ASH Proprietary Rights
The contents of the Website, along with any associated software, and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of ASH and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Website. Use of the content or materials on the Website for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, Intellectual Property Rights means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other Jurisdiction, relating to the Website, or any contents or materials related thereto.
Copyrights, Trademarks and Service Marks of Third Parties
The Website and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Content”) are or may be protected under United States and worldwide copyrights or other Intellectual Property Rights which are owned or licensed, in whole or in part, by us. Content may not be manipulated, edited, reproduced, performed, republished, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from the Website without our prior written consent, which may be withheld in our sole discretion. Any manipulation of the Website or any portion thereof, or use of any of the Content for any other purpose constitutes an infringement of our Intellectual Property Rights, or of the Intellectual Property Rights of the respective owners of such Content. Any use of any portion of this Website on any other web site or other networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
ASH has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. ASH has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of ASH or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. ASH ’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want ASH to delete, edit, or disable the material in question, you must provide ASH with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; (d) information reasonably sufficient to permit ASH to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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; and (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to ASH ’s designated agent at:
Action Sports Hub
7071 Warner Ave. Suite F 148
Huntington Beach CA. 92647
[email protected]
Representations and Warranties
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following:
You are over the age of 18 and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein.
You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights (Intellectual Property Rights), or the necessary licenses thereto, to grant the license in Section 3.
You have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
You have read, understood, agree with, and will abide by the terms of this agreement.
You are not, and have not been an agent of ASH and were not and are not acting on behalf of, or as a representative of, ASH or any other party in connection with the User Submission.
The User Submission and ASH ’s use thereof as contemplated by this Agreement and the ASH ’s website will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity. You are not, nor is any other person who appears in your User Submission, a current member of the Screen Actors Guild (SAG) or of the American Federation of Television and Radio Actors (AFTRA).
You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability.
The User Submission does not contain: (i) material falsehoods or misrepresentations that could harm ASH or any third party; (iii) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iv) advertisements or solicitations of business; or (v) impersonations of third parties, other than those which are readily apparent.
