Video Submission Agreement

This Video Submission Agreement (“Agreement”) confirms your rights and responsibilities when submitting a video to The Jazz Line. Please read it completely and carefully.

  1. General Acceptance:

    1. By uploading and/or submitting a video to TheJazzLine.com, Mersion Media LLC, and its associated publishers, partners, and service providers (collectively “The Jazz Line”), you are confirming your agreement to (1) this Video Submission Agreement, (2) The Jazz Line’s General Terms of Use, and (3) The Jazz Line’s Privacy Policy. If you do not agree to any of these terms, please do not upload and/or submit any videos to The Jazz Line.
    2. The Jazz Line’s Video product, The Jazz Line’s ‘Embedded Video Player,’ and all other associated services and applications are collectively called the “Service.”
    3. This Agreement applies to all users who upload and/or submit any Content to the Service. “Content” includes all text, scripts, links, images, photos, audio, video, audio-visual items, and other materials you may upload to, submit to, publish to, view on or access through the Service, including, but not limited to, all aspects of The Jazz Line’s video pages.
  2. Content Guidelines:

    1. Please do not submit Content containing any of the following:
      1. Pornography or sexually explicit content
      2. The depiction of illegal activities
      3. Material to which you do not own the copyright, or have the necessary permissions and/or licenses to upload/submit.
    2. Users are encouraged to notify The Jazz Line should any Content that violates our Content Guidelines, this Agreement, or our General Terms of Use appear on the Service. If we determine, at our own discretion, that a video is in violation of our Content Guidelines, we may restrict or otherwise ban that user from submitting videos to the Service.
  3.  Use of the Service:

    1. The Jazz Line hereby grants you permissionto access and use the Service, asset forth in our General Terms of Use, tosubmit your Content provided that:
      1. You have not been banned or otherwise restricted from using the Service, or determined to be a repeat infringer
      2. You adhere to our Content Guidelines above
      3. You agree not to use or access the Service or the Content through any means other than video pages, the embedded video player, or other means explicitly authorized by The Jazz Line
      4. You agree not to use the Service for the sale of advertising, sponsorships, or promotions without the explicit written permission of The Jazz Line
      5. You do not use, launch, or instruct any automated system that accesses the Service in a manner that is unreasonable or harvests data and/or content from the Service, as determined solely by The Jazz Line.
  4. Use of your Content:

    1. You are solely responsible for your Content, and the consequences of submitting and publishing your content to the internet via the Service. You retain all of your ownership rights in your Content. However, by submitting your Content, you confirm, represent,andwarrant that:
      1. You are over 18 years of age
      2. You own or have legally obtained the necessary licenses, rights, and permissions to use all patents, trademarks, trade secrets, copyrights, and/or other proprietary rights in and to any and all Content you upload and/or submit to the Service
      3. You hereby grant The Jazz Line a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and publicly perform the Content in connection with the Service and The Jazz Line’s (and its successors’ and affiliates’) business in perpetuity; including, without limitation, the promotion of the Service in any media format and though any medium
      4. You hereby grant each user of the Service anon-exclusive licenseto access your Content through the Service, and to use, display,and publicly perform such Content as permitted by the normal functionality of the Service, pursuant to our General Terms of Use;
        1. The license referenced in (4.1.4) shall terminate within a commercially reasonable time after you remove your videos from the Service. However, you understand, and agree, that The Jazz Line may retain, but not display, distribute, or publicly perform, server copies of your videos even after you have removed them from the Service.
      5. Any and all Content you upload and/or submit to the service will not contain any third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have obtained all necessary licenses and permissions from the rightful owner of the material, or are otherwise legally entitled to submit the Content to the Service, and to grant The Jazz Line all the licenses and rights granted within entirety of the Agreement.
    2. The Jazz Line does not endorse any Content, or any opinion, recommendation, or advice expressed therein. The Jazz Line explicitly disclaims any all liability in connection with the Content. You understand and acknowledge that The Jazz Line does not guarantee any confidentiality with respect to your Content.
    3. The Jazz Line does not permit copyright or intellectual-property infringing activities, and holds a strong desire to offer a platform free from any content that violates the rights of third parties. Pursuant to our Copyright Policy, The Jazz Line will remove Content if properly notified that such Content infringes on the copyright or intellectual-property rights of any third-party and the uploader does not submit a counter-claim within a reasonable time-frame. The Jazz Line also reserves the right to remove any and all Content, without prior notice, at its sole discretion.
  5. Notice of No Warranties:

    1. In addition to your agreement of The Jazz Line’s General Terms of Use, you agree that your use of the Service shall be at your own sole risk. In no event shall The Jazz Line, its officers, directors, employees, associates, or agents be liable to you for any direct, indirect, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of the Content or the Service, (II) personal injury or property damage, of any nature whatsoever, resulting from your submission of Content to the Service, (III) any unauthorized access or use of our servers, and/or any personal information and/or financial information contained therein, (IV) any interruption or cessation of the Service, and/or (V) any errors or omissions in the Content or any loss or damage of any kind incurred as a result of the any Content submitted, posted, emailed, transmitted, or otherwise made available by the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not you are advised of or aware of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically and explicitly confirm and acknowledge that The Jazz Line shall not be liable for your Content, or any illegal conduct by any third-party, and that the risk of harm or damage from the foregoing rests entirely with you.
  6. Indemnity:

    1. To the extent permitted by all applicable laws, you agree to defend, indemnify and hold harmless The Jazz Line, its officers, directors, employees, associates, and agents, from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (I) your use of and access to the Service; (II) your violation of any term of this Agreement; (III) your violation of any third-party rights, including without limitation any copyrights, intellectual property rights, or privacy rights; or (IV) any claim that your Content caused damage to a third-party. This defense and indemnification obligation will survive this Agreement, our The Jazz Line’s General Terms of Use, and your use of the Service.
  7. Other:

    1. You acknowledge and agree that:
      1. You waive any right to inspect or approve the final display or use of your Content, and you waive any right to royalties or any other compensation which may arise from or be related to the use of your Content.
      2. The Service is controlled and offered by The Jazz Line from its facilities in the state of Florida in the United States of America;
      3. The Service shall be deemed a passive website that does not give rise to personal jurisdiction over The Jazz Line, either specific or general, in any jurisdiction other than the State of Florida.
      4. Any claim or dispute arising between you and The Jazz Line related, in whole or in part, to your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Pinellas and/or Hillsborough County, Florida. You and The Jazz Line agree that any cause of action arising our of or related to the Service must commence within one (1) year after the cause of action occurs. Otherwise, such cause of action is permanently barred.
      5. If any provision in these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of the provision(s) in question shall not affect the validity of the remaining provisions in this Agreement, which shall remain in full force and effect.
      6. The Jazz Line’s failure to or choice not to assert any right or provision under this Agreement, shall not constitute a waiver of such a right or provision.
      7. The Jazz Line reserves the right to amend or update this Agreement at any time, and without notice. It is your responsibility to review this Agreement each time you upload and/or submit Content to the Service.
      8. Your continued use of the Service after any amendment or update of this Agreement shall be deemed your acceptance of each amendment/update.

Last Update: January 1, 2015.