If you take videos of any packages being hidden, found, searched for, the boxes being opened, the prizes inside, and/or anything related to the #THTH boxes – send the video files here —> www.hightail.com/u/THTH2015. You might be included in our video wrap-up!
The term “User Content” means and includes any and all content, media and materials that you submit, including, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, names, photographs, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world. 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 Agreement. In order to submit User Content, you must be 18 years of age or older or have the consent of your parents to do so.
You agree not to submit any User Content that:
- Is unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
- Violates the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harasses or harms another person;
- Exploits or endangers a minor;
- Impersonates or attempts to impersonate any person or entity;
- Introduces or engages in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of or access to a computer or a computer network;
- Solicits, collects or requests any personal information for commercial or unlawful purposes;
- Contains an image or video of another person without that person’s consent;
- Engages in commercial activity, including but not limited to sales, contests, or sweepstakes;
- Attempts, facilitates or encourages others to do any of the foregoing.
You acknowledge that Tony Hawk. Inc., and it’s affiliated entities, licensees, assignees and/or successors (collectively, “THI”) reserves the right to take appropriate legal action against anyone who, at it’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with the User Content, you affirm, represent and warrant that: (i) you own or have all of the necessary licenses, rights, consents, and permissions to use and authorize THI (and its licensees, assignees, designees, successors, affiliates and unrelated third party licensees/assignees) to use all patent, trademark, trade secret, copyright, intellectual property, and all other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name and likeness of each and every such identifiable individual person (including yourself, as applicable) to enable inclusion and use of the User Content in the manner contemplated by this Agreement.
For clarity, you retain all of your ownership rights in your User Content. However, in connection with all User Content which you submit to THI, you hereby grant to THI its assignees, licensees, designees, successors, affiliates and unrelated third party licensees/assignees, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use the User Content for any and all purposes whatsoever (including, without limitation, unrelated third party productions), in any and all forms and formats, on or through any and all 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, add music to, and otherwise exploit all or any portion of your User Content in all media now known and/or hereafter devised worldwide in perpetuity, including, without limitation, on The RIDE Channel and/or any and all other related or unrelated channels, services, and other distribution platforms (including without limitation, internet, wireless means, television, theatrical and DVD (and similar devices)) whether currently existing or existing or developed in the future, including without limitation, in one or more motion pictures, television, internet and/or wireless web series, specials, movies and/or derivative productions (collectively, the “Platforms”), and for all advertising and promotional purposes, without payment, accounting, notification, credit or other obligation to you, and the right to grant, sell, license and sub-license and authorize others to exercise any of the rights granted hereunder at THI’s sole discretion without obligation to You. For the avoidance of doubt, without limiting the generality of the rights granted to THI, 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 materials to all or any portion of your User Content, including, without limitation, spoken statements, music, audio, video, animated and/or motion pictures, caricatures, names, photographs, likenesses, vocal or other sounds, sound recordings, voices, computer graphics and/or visual effects; 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. Your grants hereunder also include, without limitation, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, photographs, likenesses, images, performances, tricks, techniques, logos, marks, characteristics and/or other distinctive identifications of you and all third parties appearing in the User Content for any and all purposes as set forth above.
In addition to the rights, licenses and privileges referred to above, by submitting User Content, you are also granting THI, its assignees, licensees, designees, successors, affiliates and unrelated third party licensees and/or assignees the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use the User Content for any purpose, and refer to your name, photographs, likenesses, images, logos, marks, characteristics and/or other distinctive identification in presentations, marketing materials, customer lists and financial reports, and 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/or otherwise, including, without limitation, in any and all productions, merchandising, commercial tie-ins, products, goods, features, functions, capabilities and/or services associated with THI, its assignees, licensees, designees, successors, affiliates and/or unrelated third party licensees and/or assignees, 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 and all purposes whatsoever, without any credit, compensation or other consideration or accounting to you, in products or services developed by THI, its assignees, licensees, designees, successors, affiliates and/or unrelated third party assignees and/or licensees without limitation or restriction whatsoever.
The rights, licenses and privileges described in this Agreement and granted by you to THI, its assignees, licensees, designees, successors, affiliates and unrelated third party assignees and/or licensees shall commence immediately upon submission of your User Content 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 THI upon notice to you. Notwithstanding the foregoing, you acknowledge and agree that neither THI, nor any of its assignees, licensees, designees, or successors 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 THI 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 THI. You shall not be entitled to seek to restrain or enjoin the exploitation of any User Content or any Platforms or other productions containing any User Content, and/or the exploitation of all other rights granted by you hereunder, and you shall not seek to obtain injunctive or other equitable relief from a court of law or otherwise. You shall indemnify THI and each of their respective officers, directors, representatives, employees, agents, shareholders, and partners with regard to any costs, expenses, attorney’s fees and liabilities incurred in connection with your violation of the foregoing provisions and/or in connection with any other breach by you of this Agreement.
You are not entitled to and you will not receive any compensation or other consideration, acknowledgement or credit for your User Content or any uses 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 in connection with THI, need to be submitted to you for approval prior to use.
You hereby release, hold harmless and with respect to all third party claims shall defend and indemnify, THI, unrelated third party licensees and/or assignees and/or advertising sales representatives including Complex Media, Inc., Tony Hawk, Tony Hawk, Inc., 900 Films, Inc. and each of their respective officers, directors, representatives, employees, agents, shareholders, and partners from and against any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you or any third parties may or can have in connection with your User Content, including, without limitation, any and all liability for any use or nonuse of your User Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. THI has 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 Contents and the rights granted to THI hereunder. THI has the right to license, authorize and/or otherwise enter into agreements and arrangements with any assignees, licensees, designees and/or 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 that THI does so, when you submit User Content each such assignee, licensee, designee and affiliate is entitled to exercise and benefit from the terms and conditions, rights, licenses and authorizations granted to THI hereunder and related thereto as if you had entered into this Agreement with such other entities directly.
You understand that skateboarding is an inherently dangerous activity that involves risk of serious physical harm and possibly death. YOU ASSUME ANY AND ALL RISKS OF INJURY OR DEATH as a result of engaging in skateboarding activities and/or otherwise in connection with your User Contents.
You hereby release and forever discharge THI Parties from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims, demands and liability arising out of or related to any and all loss, damage or injury, including death, that may be sustained by you while or as a result of your participation in the above activities and/or otherwise in connection with your User Content.
You acknowledge that this release is given with the express intention of effecting the extinguishment of any obligations owed to You, if any, and with the intention of binding your spouse, heirs, executors, administrators, legal representatives and assigns.
It is your intention that this release shall be effective as a full and final accord and satisfaction and release of each and every matter herein above referred to. I acknowledge Section 1542 of the Civil Code of the State of California which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”.
You waive and relinquish any right and benefit which you have or may have under Section 1542 to the full extent that you may lawfully waive all such rights and benefits pertaining to the subject matter hereof.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, YOU UNDERSTAND ITS CONTENTS AND YOU AGREE TO IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
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 Agreement and perform and comply with all of its obligations. You represent, warrant and covenant to THI 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 Agreement and perform and comply with all of its terms and condition, (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 Agreement, any rights of any other party, any of your obligations, or any law or regulation, nor infringe upon or misappropriate any intellectual property, privacy, publicity or other rights of any party, and (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 Agreement as described. Upon the request of THI, its assigns, licensees, designees, successors and/or affiliates, you will furnish THI, its assigns, licensees, designees, successors and affiliates, 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 THI, its assigns, licensees, designees, successors and affiliates is not signatory to any such agreement. Notwithstanding anything to the contrary, you also understand and agree that THI, its assigns, licensees, designees, successors and 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 or other consideration whatsoever because of the use or exploitation thereof, and that 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.
THI, and its assignees, licensees, designees, successors, affiliates and unrelated third party licensees, assignees and representatives, including without limitation Complex Media, reserve the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the operation of THI, the User Content and the 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 THI, other Platforms and/or any and all third party productions and projects whether or not related to THI, including, without limitation, in and in connection with one or more projects and/or productions, including, without limitation, theatrical, television, internet, new media and/or wireless motion pictures, series and/or specials, and all advertising, promotion, merchandising and commercial tie-ins in connection therewith.
This is a binding agreement between you and THI, and its assignees, licensees, designees, successors, affiliates and unrelated third party licensees, assignees and representatives, and constitutes the entire agreement between you and all of the foregoing parties relating to User Content and supersedes any prior or inconsistent agreements regarding the subject matter hereof.