FanVids Engagement
Platform – End User Agreement
Last Updated October 21, 2024
Table of Contents
1. Introduction
2. Eligibility
3. How to Participate
4. Video Submission Requirements
5. Rights in Submissions
6. Nature of Relationship/Waiver of Equitable Relief
7. Rights of Sponsor / Disclaimer of Liability
8. Warranty
9. Indemnity
10. Release and Limitation of Liability
11. Data Protection and Privacy
12. User Rights
13. Cookies and Tracking Technologies
14. International Data Transfers
15. Security Measures
16. Children's Privacy
17. Changes to this Agreement
18. Dispute Resolution
19. Contact Information
20. Consent to Receive Personalized Updates and Marketing Messages
1. Introduction
Welcome to the FanVids Engagement Platform("Platform"). This Platform is designed to provide fans with an interactive and engaging experience allowing them to connect with various artists, labels, and managers ("Sponsor") and their communities. The Platform can be used by different entities, including but not limited to record labels, individual artists, and artist managers, each of whom has a unique subdomain on the FanVids Platform (e.g., band1.fanvids.io, artist2.fanvids.io).
This End User Agreement ("Agreement") governs your use of the Platform. The specific Sponsor for the subdomain you are accessing (e.g., band1.fanvids.io) may occasionally request fans to submit videos to be featured on the Platform or elsewhere as determined by that Sponsor. By participating in the FanVids Engagement Platform, you agree to be bound by this Agreement and to the decisions of the specific Sponsor you are engaging with, which are final and binding on all matters relating to their use of the Platform.
For the purposes of this Agreement, "Sponsor" refers to the specific entity (artist, label, manager, etc.) whose subdomain(e.g., band1.fanvids.io) you are accessing and interacting with on the FanVidsPlatform. The identity of the Sponsor will be clearly displayed on the subdomain you are accessing.
If you do not agree to these terms, do not use the Platform.
2. Eligibility
The FanVids Engagement Platform is open to users who are legal residents of countries where such platforms are permitted by law. Void where prohibited. Users must have reached the age of majority in their country of residence and have Internet access. Any user(s) under the age of majority will need a parent's or legal guardian's permission to participate. Employees, officers, and directors of Sponsor and its parents, subsidiaries, affiliates, divisions, advertising and promotion agencies involved in the administration of this platform, and the immediate families or members of the same household of each such employee, officer, and director are not eligible to enter.
3. How to Participate
To participate, upload your video on the FanVids Engagement Platform. The video can be no more than the duration stated on the platform, if any. You must completely and accurately submit all required information. Users under the age of majority need parental permission for their video to be valid.
4. Video Submission Requirements
Videos must:
• Respond to the prompt stated on the platform.
Videos must NOT:
• Exceed the duration specified on the platform.
• Contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation, or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing.
• Infringe upon the copyright of media including, but not limited to, music, films, books, television programming, etc.
• Contain material that violates or infringes another's rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, Video Submissions must not include third-party trademarks, logos, insignia, location signage, photographs, artwork, sculptures, or use music that isn't originally written, performed, and produced by you, the user. All music featured in any video must be available to publicize and broadcast on a license-free, no compensation basis.
• Include third parties, including but not limited to minors, celebrities, and friends who have not expressly authorized users to display their image, likeness, or voice in any submitted video or otherwise use such image, likeness, or voice in accordance with this End User Agreement.
By submitting a video, each user represents and warrants that his or her submission (and Sponsor's and its designees' use thereof) does not and will not defame or otherwise violate the rights of any third party and does not and will not violate any applicable laws or regulations. User further represents and warrants that he or she has secured the requisite consent from any third party referenced or appearing in their submissions. To the extent that anyone under the age of majority appears in a video, the user represents and warrants that the minor's parents consented to the minor's appearance in the video and the public display of the video on the Sponsor's platform, website, affiliated websites, and social media. Sponsor reserves the right in its sole discretion to disqualify any submission that it believes violates any of the Video Submission Requirements, does not otherwise comply with this End User Agreement, or that is not consistent with the spirit and theme of the FanVids Engagement Platform.
5. Rights in Submissions
Users will retain copyright in their work, but each user grants to Sponsor a non-exclusive, worldwide, perpetual, assignable, royalty-free license to publish, reproduce, distribute, display, perform, create derivative works, transmit, or disseminate the works in all media or platforms whether now known or hereafter invented. User also waives any and all moral rights in the works with respect to any use by the Sponsor, its member stations, sublicensees, or assigns. Sponsor and its designees shall have the perpetual, worldwide right to publish and use the submissions in any way and in any media for trade, advertising, promotional, and/or other purposes as Sponsor and/or its designees may determine without further consideration to the user or any third party.
In consideration of the user's video being reviewed and evaluated for this platform, each user hereby grants to the Sponsor, its members, stations, and assignees the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete, or display such video or any portion thereof in any media now known or hereafter devised, including but not limited to all forms of television and all forms of Internet and wireless protocol. Each user authorizes the Sponsor and any entities affiliated or in privity with the Sponsor to utilize for eternity and in any manner they see fit the video submitted to Sponsor and to make derivative works from such materials solely in connection with the FanVids Engagement Platform (i.e., to create promotional materials). Each user releases the Sponsor and their assignees and licensees from any and all claims or liability (now known or hereafter arising) including, but not limited to, any claims for defense and/or indemnity in connection therewith.
Each user agrees and acknowledges that participation in the FanVids Engagement Platform, including without limitation the user's decision to provide the user's submission to Sponsor for purposes of the platform, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Sponsor and user, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the user's video submission, and that the only contracts, express or implied, between the Sponsor and user are as set forth in this End User Agreement.
In addition, by participating in the FanVids Engagement Platform and submitting a video, each user hereby grants permission (except where prohibited by law) for the Sponsor to use the user's video, name, likeness, voice, quotes, comments, biographical information, photograph, and/or image for the purpose of advertising, trade, or promotion without further notice, permission, compensation, or consideration in any and all media now known or hereafter developed throughout the universe unless prohibited by law. Except as required by law or permitted pursuant to this End User Agreement, the Sponsor will not share a user's information with any third parties.
6. Nature of Relationship/Waiver of Equitable Relief
Each user understands and acknowledges that the Sponsor has wide access to ideas, stories, designs, and other literary materials and that new ideas are constantly being submitted to it or being developed by their own employees. Each user also acknowledges that many ideas or stories may be competitive with, similar to, or identical to the submission and/or each other in theme, idea, plot, format, or other respects. Each user acknowledges and agrees that such user will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material. Each user acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the submission. Finally, each user acknowledges that with respect to any claim by the user relating to or arising out of Sponsor's actual or alleged exploitation or use of any submission or other material submitted in connection with the FanVids Engagement Platform, the damage, if any, thereby caused to the applicable user will not be irreparable or otherwise sufficient to entitle such user to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of the video or any other production based on or allegedly based on the submission, and the user's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
7. Rights of Sponsor / Disclaimer of Liability
Sponsor shall have the right and sole discretion to edit, refuse to air or transmit, or cease to display or transmit any video whatsoever which it finds to be in violation of this End User Agreement or which it finds, in its sole discretion, to be otherwise objectionable for any reason, including with respect to Sponsor's standards and practices and other policies. Sponsor also reserves the right to replace the user's video with the video of an alternate eligible user in accordance with this End User Agreement if such video and/or user is withdrawn from or removed from the FanVids Engagement Platform for any reason, including without limitation user's failure to have Sponsor's documents executed by third parties.
Sponsor also reserves the right, in their sole discretion, to terminate the FanVids Engagement Platform for any reason, in the event that there is an error, malfunction, problem, or other cause which impacts the operation, administration, or security of the platform or the Sponsor, and in such situation to select videos from the eligible submissions received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor. The opinions expressed in the videos are not necessarily (and in some cases not at all) those of the Sponsor. The Sponsor is not responsible for any materials provided by users which are deemed harmful or offensive to others or for any harm incurred as a result of the video's creation. The Sponsor makes no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the videos. All statements and opinions made by users are those of such users only, and the Sponsor neither endorses nor shall be held responsible for the reliability or accuracy of the same. Sponsor is not responsible for the content or practices of other third-party websites that may be linked to the FanVids Engagement Platform. This platform may also be linked to websites operated by companies affiliated with Sponsor. Visitors to those sites should refer to each site's separate privacy policies and practices.
8. Warranty
It is an express condition of submission and eligibility that each user warrants and represents that user's video is solely owned by the user and solely created by the user for the purpose of participating in this platform, and that no other party has any rights or interest in the videos. The user further represents and warrants that the videos and any use thereof by the Sponsor or any partners, subsidiaries, and affiliates in connection with programming, advertising, promotion, and publicity shall not infringe upon any statutory or common law intellectual property right (including without limitation any copyright) under U.S., Canadian, and international laws and shall not constitute a defamation or invasion of the right of privacy or publicity or infringement of any other right of any kind of any third party.
9. Indemnity
The FanVids Engagement Platform may also be promoted by a third party or parties (each a "Promotional Partner," collectively "Promotional Partners"). User shall indemnify and hold harmless the Sponsor, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns, and licensees, and each of their respective employees, shareholders, officers, directors, agents, and representatives from and against any and all liability, claims, loss, damage, injury, or expense, including reasonable attorneys' fees, arising in connection with any third-party action arising out of a breach or allegation which, if true, would constitute a breach of any of user's representations, warranties, or obligations herein.
10. Release and Limitation of Liability
By participating, each user agrees that the Sponsor, its member stations, and each of their respective agents, representatives, parent companies, affiliates, subsidiaries, and legal advisers, and each of their respective employees, shareholders, officers, and directors, are not responsible or liable for and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected, or otherwise undeliverable correspondence; (ii) telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Sponsor that may cause the FanVids Engagement Platform to be disrupted or corrupted; (iv) any printing, human, typographical, or other errors or ambiguities in (or involving) any materials associated with the platform; (v) any and all losses, damages, rights, claims, and actions of any kind in connection with or resulting from participation in the platform; (vi) claims based on publicity rights, defamation, or invasion of privacy.
Sponsor reserves the right, in its sole discretion, to suspend or cancel the FanVids Engagement Platform at any time for any reason, including without limitation if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the platform, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Sponsor.
BY PARTICIPATING IN THIS PLATFORM, USERS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR AND SHALL BE HELD HARMLESS BY USERS AGAINST ANY LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PRIZE, IF OFFERED, ENTRY, OR PARTICIPATION IN THIS PLATFORM OR IN ANY PLATFORM-RELATED ACTIVITY OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY OR MERCHANDISE DELIVERY.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE FANVIDS ENGAGEMENT PLATFORM, INCLUDING THE PLATFORM ITSELF AND ALL PRIZES, IF OFFERED, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. Data Protection and Privacy
11.1 Data Controller: For the purposes of applicable data protection laws, including the General Data Protection Regulation (GDPR), the data controller is the specific Sponsor whose subdomain (e.g., band1.fanvids.io) you are accessing on the FanVids Platform. The identity and contact details of the data controller will be clearly displayed on the subdomain.
11.2 Legal Basis for Processing: We process your Personal Data on the following legal bases: a) Performance of a contract (this Agreement) b) Your explicit consent c) Our legitimate interests d) Compliance with legal obligations
11.3 Purposes of Processing: We process your Personal Data for the following purposes: a) Providing and managing the Platform b) Communicating with you about the Platform c) Improving and developing the Platform d) Ensuring compliance with this Agreement e) Marketing communications (with your explicit consent)
11.4 Data Retention: We retain your Personal Data only for as long as necessary to fulfill the purposes for which it was collected, or as required by law. Specific retention periods are as follows: a) Account information: For the duration of your account plus 12 months b) Video submissions: For the duration of the Platform's operation plus 24 months c) Usage data: 36 months
After these periods, your data will be securely deleted or anonymized.
11.5 Data Sharing: We may share your data with: a) Service providers acting as Processors b) Other users (for content you choose to make public) c) Legal authorities when required by law
We do not sell your Personal Data to third parties. However, if this policy changes, we will provide you with notice and the opportunity to opt-out.
11.6 Data Protection Officer: Our Data Protection Officer can be contacted at the email address provided on the specific Sponsor's subdomain.
11.7 Data Breach Notification: In the event of a data breach that is likely to result in a high risk to your rights and freedoms, we will notify you without undue delay, in accordance with applicable law.
12. User Rights
12.1 Under the GDPR and applicable US privacy laws, you have the following rights:
a) Right to access: You can request a copy of your Personal Data. b) Right to rectification: You can request correction of inaccurate Personal Data. c) Right to erasure: You can request deletion of your Personal Data in certain circumstances. d) Right to restrict processing: You can request restriction of processing of your Personal Data. e) Right to data portability: You can request a machine-readable copy of your Personal Data to transfer to another service. f) Right to object: You can object to our processing of your Personal Data in certain circumstances. g) Right to withdraw consent: Where processing is based on consent, you can withdraw that consent at any time. h) Right to opt-out of sales: You can opt-out of the sale of your Personal Data (if applicable). i) Right to non-discrimination: We will not discriminate against you for exercising any of these rights.
12.2 To exercise these rights, please contact us using the information provided on the specific Sponsor's subdomain. We will respond to your request within one month, or within the timeframe required by applicable law.
12.3 For California residents: In addition to the rights above, you have the right to request the categories of Personal Information we collect, disclose, or sell about you, the categories of sources of such information, our purposes for collecting or selling such information, and the categories of third parties with whom we share Personal Information.
13. Cookies and Tracking Technologies
13.1 We use cookies and similar tracking technologies to enhance your experience on our Platform.
13.2 Types of cookies we use: a) Essential cookies: Necessary for the Platform to function properly. b) Analytical/performance cookies: To analyze Platform usage. c) Functionality cookies: To remember your preferences. d) Targeting cookies: For advertising purposes (used only with explicit consent).
13.3 You can manage your cookie preferences through your browser settings or our cookie management tool. For more information, please see the Cookie Policy available on the specific Sponsor's subdomain (e.g., band1.fanvids.io/cookie-policy).
14. International Data Transfers
14.1 Your Personal Data may be transferred to countries outside your country of residence, including outside the European Economic Area (EEA) or your US state of residence.
14.2 For transfers to non-EEA countries without an adequacy decision, we implement appropriate safeguards such as: a) Standard Contractual Clauses approved by the European Commission b) Binding Corporate Rules c) Approved Codes of Conduct
14.3 For transfers from the EU to the US, we comply with the requirements of the EU-US Data Privacy Framework.
14.4 You can obtain a copy of these safeguards by contacting us using the information provided on the specific Sponsor's subdomain.
15. Security Measures
15.1 We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including: a) Encryption of Personal Data b) Regular testing and evaluation of security measures c) Pseudonymization and data minimization techniques d) Staff training on data protection and security
15.2 Despite these measures, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security of your Personal Data.
16. Children's Privacy
16.1 The Platform is not intended for children under 13 years of age (or the applicable age of digital consent in your country).
16.2 We do not knowingly collect Personal Data from children under 13. If you become aware that a child has provided us with Personal Data, please contact us using the information provided on the specific Sponsor's subdomain.
17. Changes to this Agreement
17.1 We may update this Agreement from time to time. We will notify you of any changes by posting the new Agreement on the specific Sponsor's subdomain and updating the "Last updated" date.
17.2 You are advised to review this Agreement periodically for any changes. Changes to this Agreement are effective when they are posted on the specific Sponsor's subdomain.
17.3 Your continued use of the Platform after any changes to this Agreement will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Agreement.
17.4 For material changes to our data processing activities or this Agreement, we will seek your explicit consent before implementing such changes, where required by law.
18. Dispute Resolution
18.1 This Agreement shall be governed by the laws of the jurisdiction specified by the Sponsor on their subdomain (e.g., band1.fanvids.io/legal), without regard to conflict of law principles.
18.2 All issues and questions concerning the construction, validity, interpretation, and enforceability of the FanVids Engagement Platform or the rights and obligations of users and Sponsor in connection with the FanVids Engagement Platform shall be governed by and construed in accordance with the laws of the jurisdiction specified by the Sponsor, without giving effect to any choice of law or conflict of law rules or provisions.
18.3 In the event of a claim or dispute, the user's sole remedy shall be limited to their remedy at law for damages, if any, and the user shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing, or other exploitation (in any form of media) of the FanVids Engagement Platform and/or any intellectual property owned or licensed by the Sponsor or their respective parent companies, subsidiaries, affiliates, and related entities.
19. Contact Information
For questions about this Agreement, contact the specific Sponsor at the contact information provided on their subdomain (e.g., band1.fanvids.io/contact).
For general inquiries about the FanVids Platform, contact:
FanVids, Inc., Email: support@fanvids.io
20. Consent to Receive Personalized Updates and Marketing Messages
By using this Platform, you agree to receive personalized updates and marketing messages from the specific Sponsor based on your information, interests, activities, website visits and device data, in accordance with the Sponsor's privacy policy (which will be accessible via their subdomain, e.g., band1.fanvids.io/privacy-policy). You can opt-out at any time by following the instructions provided in the marketing communications or by contacting the Sponsor directly.
By using the FanVids Engagement Platform, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions. You also acknowledge that you are entering into this Agreement with the specific Sponsor whose subdomain you are accessing, and that different Sponsors may have different terms, privacy policies, and practices.