This Agreement is made between Big Score Media Corp. Holdings and you, as a Site visitor and/or member ("you"). We reserve the right at any time to: Change the terms of this Agreement; Change the Site, including eliminating or discontinuing any content on or feature of the Site; and/or Change any fees or charges for services provided by the Site. Any changes we make will be effective immediately on notice, which we may give by posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version.
(1) CODE OF CONDUCT
While using the Site and/or Software (as defined below), you agree not to: Restrict or inhibit any other visitor or member from using the Site; Transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; Transmit any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Use the Site or Software for any unlawful purpose; Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Software; Harvest or collect information about other Site visitors or members without their express consent; or Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. While using the Site and/or Software, you agree to comply with all applicable laws, rules and regulations. We have no obligation to monitor the Site or any materials that you transmit to the Site. However, you acknowledge and agree that we have the right to monitor the Site and the materials you transmit, and to disclose any information to any third party in order to operate the Site properly; to protect Big Score Media Corp. Holdings, the Site, our sponsors and our members and visitors; and to comply with any legal obligations or governmental requests. Upon our request, you agree to sign a non-electronic version of this Agreement.
(2) SUBMISSIONS
Material you send to us or post anywhere on the Site, including, without limitation, "fanfiction," text, artwork, graphics, photos, music or software may be used by Big Score Media Corp. Holdings or its parent, subsidiaries or affiliates throughout the world in perpetuity for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and sublicensing, and may be modified to enable any such use. Furthermore, you acknowledge that Big Score Media Corp. Holdings is free to use any ideas, concepts, know-how, or techniques contained in any communication that you send to or post on the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. As a general rule, we ask that you do not post any "fan fiction" or post, send or bring to our attention any other creative materials of any kind, such as stories or character ideas, screenplays, or original artwork, unless you agree to our use thereof as described above. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed independently by our professional staff might seem to others to be similar to their own creative work. If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, our property. None of the Information shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Information. Without limiting the foregoing, by sending us Information, you grant us a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Information in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
(3) OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS
The Site is owned and operated by Big Score Media Corp. Holdings in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission, except you may download one copy of such material on any single computer for your personal, non-commercial home use only, provided you keep intact, without change, all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
The $6,000.00 Music Video Project and all associated logos and domain names, including, without limitation, www.$6kmvp.com are trademarks, logos, service marks, and/or domain names of Big Score Media Corp. Holdings. Other trademarks, service marks, logos, and/or domain names used on the Site are the trademarks, service marks, logos, and/or domain names of their respective owners.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notification requesting that the material be removed, or access to it blocked. To be effective, the notification must include the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA, including a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright/. Notices and counter-notices for the Site should be sent to the site administrator at amin@$6kmvp.com We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.
(4) JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the Site are presented solely for the purpose of promoting programs, films, products and services available in, and other uses in, the United States, its territories, possessions and protectorates. We control and operate the Site from within the State of New York, United States of America. We make no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film, or other product described thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film, or other product that we provide.
(5) TERMINATION
This Agreement is effective until terminated by either party. You may terminate this agreement at any time by notifying us and ceasing all use of any of the BSMC Holdings sites. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this Agreement. Upon termination, you may not make any further use of any of the BSMC Holdings Sites or any materials obtained from the sites (unless and until you agree to be bound by the then-current applicable Terms of Service).
(6) DISCLAIMERS
The materials on the Site, any product or service obtained through the Site, are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Big Score Media Corp. Holdings and its parent, affiliates, suppliers, and agents disclaim all warranties, express or implied, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Big Score Media Corp. Holdings and its parent, affiliates, suppliers, and agents do not warrant that your use of the Site will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Site (or the server that makes it available) are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto. You assume total responsibility and risk for your use of the Site and the Software and your reliance thereon. No opinion, advice, or statement of BSMC Holdings or its parent, subsidiaries, affiliates, suppliers, or agents, whether made on the Site, or otherwise, shall create any warranty.
A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that such an inaccuracy arises, please inform us at amin@$6kmvp.com so that we can try to correct it.
The Site contains links to the third-party sites which are not under the control of Big Score Media Corp. Holdings and is not responsible for the content on any linked site. If you access a third-party site from our Site, then you do so at your own risk. BSMC Holdings provides links as a convenience and the inclusion of the links does not imply that BSMC Holdings endorses or accepts any responsibility for the content on those third-party sites.
(7) LIMITATION OF LIABILITY
Neither BSMC Holdings nor its suppliers, parent, subsidiaries, affiliates, agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or content contained on the Site, or any product or service purchased through the Site. Your sole remedy for dissatisfaction with the Site, and/or content contained within the Site is to stop using the Site as applicable. The sole and exclusive maximum liability of BSMC Holdings for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall be the total amount of $0/zero dollars and no cents.
(8) INDEMNIFICATION
You agree to indemnify, defend and hold us, our parent, subsidiaries and affiliates, and each of our respective officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including, without limitation, any violation of the Code of Conduct set forth in Paragraph 1 of Section 1; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of, or defame, any third party; and/or (c) your activities in connection with the Site.
(9) MISCELLANEOUS
This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in the County of Manhattan, located in New York City, New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us. This Agreement is not assignable, transferable or sublicensable by you except with BSMC Holdings' prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
