Submissions, Uploads and Postings Rules
All videos, photos, comments, submissions, and any other content (collectively, the “Content”) uploaded or submitted that do not meet these Guidelines may be removed at our sole and absolute discretion.
- Content must be 100% original and created by you or in the public domain, and may not violate the right of privacy or publicity of, or constitute a defamation against, any person (living or deceased) or any entity;
- Content may not infringe upon or violate the trademark, copyright, or common law rights or any other rights of any person or entity, and there must not be any encumbrances, liens, conditions or restrictions whatsoever upon or affecting your right to license such Content or any portion of the Content.
- Content must not contain any third party owned or protected content (e.g., movie clips, television shows, recordings, artwork, photos, songs, etc.) except for items we make available to you on the Site from time to time expressly for use in Content.
- Content may not be subject to, or be within the parameters of, any performing arts union or guild. Under no circumstances will any compensation, such as payment, residual, royalty, reuse or similar payments, be payable to anyone by the Site, regardless of the manner and the extent to which the Site elects to exploit the Content or any portion of the Content.
- Content must not include anything that is: (a) sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous; (b) derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) unlawful; (d) harmful to the Site or other users of the Site such as viruses, trojan horses or other technologies that could adversely impact the Site or other users; and/or (e) disparaging to the Site or is inconsistent with the positive images and/or goodwill to which the Site wishes to associate (at our sole and absolute discretion).
- You may not be, nor may you work with any party in conjunction with any uploaded Content, who: (a) is represented under contract (e.g., by a talent agent or manager) that would limit or impair our ability to display the Content in any media form; (b) has an acting or modeling contract that would make appearance in the Content a violation of any third party rights; or (c) is under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit use from using the Content in any form or format, royalty-free, worldwide, in all media in perpetuity.
- Content must not include any personally identifiable information about third parties (e.g., name, address, email address, phone number, etc.).
- Content must not contain any commercial or corporate advertising (such as corporate logos, brand names, and slogans), recognizable branded products, or commercial artwork.
- Content must be suitable for presentation in a public forum.
- You understand and acknowledge that all Content published on the Site is available to be viewed by anyone with access to the Internet and that no Content is being submitted in confidence or in trust to this Site and no confidential or fiduciary relationship is intended or created.
Ownership of Content
All Content publicly posted, uploaded and/or privately transmitted on or through this Site is your sole responsibility, not No, Seriously. You retain all ownership rights over all Content, and you are solely responsible for all Content and the consequences of submitting, uploading, posting or otherwise transmitting your Content to or through this Site.
Licensing of Content
By submitting, posting, displaying and/or uploading Content, you grant the Site, No, Seriously and each of its parent, subsidiaries, licensees, successors and assigns (“NS Parties”), the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Content and all images, text and content included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, DVDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages. This includes giving the NS Parties the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give you any compensation or attribution. The NS Parties will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, No, Seriously will have the right to use the Content, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Additionally, you waive and relinquish all so-called “moral rights” (droit moral) now or hereafter recognized in connection with the Content. You understand and agree that you will not receive any compensation, including without limitation, licensing fees, royalties, payments, etc. from any NS Parties for its use of the Content.
If we are notified that your Content infringes on another’s intellectual property rights, No, Seriously reserves the right to remove such Content in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that any uploaded Content has been copied and infringes upon your copyright, pursuant to the Digital Millennium Copyright Act, please submit the following information:
- Your name, address, telephone number, and an email address;
- Identification and description of the copyrighted work that you claim to have been infringed;
- Identification of the Content that you claim is infringing on your copyright and sufficient information needed to locate the Content on No, Seriously (e.g., URL, user name, clip title, date of upload, etc.);
- A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
- A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
No, Seriously seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.