Viewer Video - YouPostIt Minnesota 2008

TERMS OF USE

YOUPOSTITMINNESOTA.com welcomes you as a participant in the Viewer Video, "You PostIt" module.  We look forward to your participation, but please read carefully the following terms and conditions.  You need to agree to these terms by selecting the box confirming your agreement and only under those circumstances will your video be subject to posting.  

1.	By selecting the box confirming you agree to this Agreement, you agree to be bound by these terms and conditions, including the warranty disclaimers, limitations of liability and termination provisions below.

2.	Waiver of Liability.  Please understand that we are not encouraging, indeed are discouraging, any video that portrays conditions that are dangerous to you or to others.   We will not place on the site for viewing by others any video that we feel has involved the creation of any dangerous condition to the contestant or to others.  We will not even attempt to edit such videos, so please be careful and sensible.  Clever does not mean stupid or dangerous.

3.	Waiver and Indemnification.  You have been warned not to engage in dangerous activity to produce a video by being allowed to participate in this Contest, and you for yourself and your family, relatives, heirs and legal representatives do hereby waive, discharge and covenant not to sue Multi-Media Interactive, the operator of YOUPOSTITMINNESOTA.COM, (hereinafter called YOUPOSTITMINNESOTA.COM), and any affiliated companies, or any of its officers or members for any loss or damage, or any claim or any injury to any person or persons or property, or any death of any person or persons that in anyway relates to your participation.  You further agree at your cost and expense to defend and save YOUPOSTITMINNESOTA.COM and any affiliated companies harmless on account of any suits and all suits and demands brought or asserted by reason of any injuries to any person, persons or property however caused by your participation in the Contest.
4.	Intellectual Property.  You shall be solely responsible for your Submission and the consequences of posting or publishing it.  In connection with your Submission, you affirm, represent and/or warrant that:

(a)	you own, or have the necessary licenses, rights, consents and permissions to use and authorize YOUPOSTITMINNESOTA.COM to use, all trademark, trade secret, copyright or other proprietary rights in and to any Submission to enable inclusion and use of the Submission in the manner contemplated by YOUPOSTITMINNESOTA.COM and these Terms of Service; and 
(b)	you have the written consent, release and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by YOUPOSTITMINNESOTA.COM and these Terms of Service.  

You shall retain all of your ownership rights in your Submission, however, by submitting your Submission to YOUPOSTITMINNESOTA.COM, you hereby grant YOUPOSTITMINNESOTA.COM a worldwide, non-exclusive, fully paid up, royalty-free, irrevocable, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the Submission in connection with its business and the Viewer Video module, including without limitation promoting and reporting on any media formats and through any media channels.  YOUPOSTITMINNESOTA.COM or its designee may record the licensed material on film, tape or any method now known or hereinafter discovered for use and programming and may edit, distribute and exhibit the Submission/licensed material as desired for distribution, exhibition in any and all media throughout the world, now known or hereafter developed, and in perpetuity.

5.	In connection with your Submission, you further agree that you will not: 
(a)	submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy of publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant YOUPOSTITMINNESOTA.COM all of the licensee's license rights granted hereunder;
(b)	publish falsehood or misrepresentations that could damage YOUPOSTITMINNESOTA.COM or any third party;
(c)	submit material that is unlawful, obscene, defamatory, libelous or depicts dangerous activity; and
(d)	impersonate another person.

If notified by a user or content owner of a Submission that allegedly does not conform to this Agreement, YOUPOSTITMINNESOTA.COM may investigate the allegations and determine in good faith and in its sole discretion whether to remove the Submission, which it reserves the right to do at any time.  For clarity, YOUPOSTITMINNESOTA.COM does not permit copyright infringing activities on its website and reserves the right to terminate access to the website, and remove all content submitted by persons who are found to be infringers.  To understand the rights of copyright owners or agents, please see our general policies in accordance with the Digital Millennium Copyright Act.

6.	Termination.  YOUPOSTITMINNESOTA.COM RESERVES THE RIGHT TO REMOVE, EDIT, DEACTIVATE OR SUSPEND ANY AND ALL USE OF SERVICES, INFORMATION AND/OR USER ACCOUNTS FOR ANY REASON WHATSOEVER, WITHOUT PRIOR NOTICE.

7.	Disclaimer of Warranties.  USE OF THIS SITE, SERVICE AND ANY SOFTWARE PROVIDE IN CONNECTION WITH THIS SITE OR SERVICES PROVIDED TO YOU ON AN AS IS, AS AVAILABLE BASIS, AS AN ACCOMMODATION AND WITHOUT WARRANTY OF ANY KIND.  NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THIS SITE, SERVICE AND SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  In no event shall YOUPOSTITMINNESOTA.COM be liable for any damages to you any time, including any failure to properly post your Submission to the website.

8.	You are responsible for your own conduct and those of your agents.

9.	Choice of Form and Other Matters.  The terms shall be governed by, construed and enforced in accordance with the laws of the State of Minnesota, and you agree to submit to the personal and exclusive jurisdiction of a court of competent jurisdiction in ST. Louis County, State of Minnesota, for any dispute relating to this Agreement. 

10.	This Agreement may be revised at any time by YOUPOSTITMINNESOTA.COM, with notice and date of change.  Whenever this Agreement is revised, your continued use of YOUPOSTITMINNESOTA.COM shall constitute your acceptance of this Agreement as so modified.

11.	To the extent that any part of this Agreement is declared invalid or unenforceable, the remaining terms of this Agreement shall remain in full force and effect.

12.	The failure of YOUPOSTITMINNESOTA.COM to exercise and enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provisions.  The parties hereto agree that this Agreement includes the general terms and conditions of the Privacy Policy of YOUPOSTITMINNESOTA.COM.
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