I LOVE GET FRESH VIDEO CONTEST TERMS AND CONDITIONS These TERMS AND CONDITIONS (“Terms and Conditions”) are an agreement made between The Beauty Market Ltd. Dba GET FRESH, a Delaware corporation, and any person (collectively “you” or “your”) who accepts them in conjunction with entering the I LOVE GET FRESH VIDEO Contest (the “Contest”). You must click your acceptance to these Terms and Conditions before you will be permitted to enter the Contest. GET FRESH provides its Contest Site, www.getfresh.net/videocontest.html (the “Contest Site”), and allows you to participate in the Contest subject to these Terms and Conditions. Please read these Terms and Conditions carefully BEFORE using the Contest Site. This Agreement constitutes a legal agreement between you and us.
CONTENT LICENSE When you provide GET FRESH any content, including, but not limited to the Entry Video posted by you to the Contest Site, you grant us an exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the content, in any media known now or in the future. You agree that if you provide GET FRESH with your written content, photographs, videos, including the Entry Video, name and/or image of yourself that GET FRESH shall have the unlimited right to use such written content, photographs, videos, including the Entry Video, name and/or image (in whole or in part) in connection with promoting, advertising, marketing and/or selling GET FRESH's services or other products and services associated with the Contest Site. GET FRESH's rights include, but are not limited to, the right to reproduce, display, distribute, edit, alter and change your written content, photographs, videos, including the Entry Video, images and any other materials you provide us in connection with your use of the Contest Site. You waive any claim of "moral rights" arising out of GET FRESH's use of your written content, photographs, videos, including the Entry Video, name and/or images. Unless otherwise agreed, GET FRESH may edit, copy, publish, distribute, translate and otherwise use in any medium any such materials that you forward to GET FRESH and will own exclusively all such rights, titles and interest and shall not be limited in any way in its use, commercial or otherwise. GET FRESH is and shall be under no obligation to: (1) maintain any of your materials in confidence; (2) to pay to you or any contestant any compensation for any such materials; or (3) to respond to any of your or any other contestant’s materials. You represent and warrant to GET FRESH that you own all right, title and interest in and to any written content, photographs, videos and other works that you submit to GET FRESH, including, but not limited to the Entry Video. LINKS TO THIRD PARTY SITES: The Contest Site may contain links to other Websites (“Linked Sites”). Linking to such Linked Sites will let you leave the Contest Site. Unless otherwise indicated, GET FRESH is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of GET FRESH and GET FRESH is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. GET FRESH does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. GET FRESH is providing these links only as a mere convenience, and the inclusion of any link does not imply endorsement by GET FRESH. If you decide to access any of the third party Contest Sites linked from this Contest Site, you do so entirely at your own risk. LIMITATION OF LIABILITY THIS CONTEST SITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS CONTEST SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERROR. GET FRESH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CONTEST SITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS CONTEST SITE. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, GET FRESH AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GET FRESH DOES NOT WARRANT THAT THE CONTEST SITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, "TROJAN HORSES" OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. IN NO EVENT, SHALL GET FRESH AND OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS CONTEST SITE OR INFORMATION AVAILABLE FROM GET FRESH THROUGH THIS CONTEST SITE. RELEASE AND INDEMNIFICATION You release GET FRESH and their officers, directors, agents, affiliates, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Contest Site. If you are a California resident, you waive California Civil Code Section 1542, which says: "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 will indemnify and hold GET FRESH and their officers, directors, agents, affiliates, joint ventures and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of (a) these Terms and Conditions; (b) your use of the Contest Site; and (c) your participation in the Contest. COPYRIGHT All content and otherwise protectable features of this Contest Site, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of GET FRESH, are the property of GET FRESH and are protected by United States and international copyright laws. NO PORTION OF THIS CONTEST SITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY GET FRESH IN WRITING. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of GET FRESH and is protected by United States and international copyright laws. All software used on this site is the property of GET FRESH or its software suppliers and is protected by United States and international copyright laws. The images used on this Contest Site are the property of their respective copyright owners, and are used by GET FRESH pursuant to express authorization from the copyright owners or their agents. Any use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this Contest Site is strictly prohibited.
COPYRIGHT INFRINGEMENT POLICY: You may not use the Contest Site to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of any third party. GET FRESH, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use this Contest Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. GET FRESH accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), GET FRESH has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to GET FRESH in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement: By mail: Get Fresh 1548 18th Street Santa Monica, CA 90404 United States of America By phone:310-315-0020 Contact us by e-mail at email@example.com. In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information: A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Information reasonably sufficient to permit GET FRESH to contact you, such as your address, telephone number, and/or electronic mail address. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
TRADEMARKS “I LOVE GET FRESH VIDEO Contest” and “get fresh” along with all logos, other trade names, trademarks, services marks, whether registered or not, set forth on this Contest Site (the “GET FRESH Trademarks”) are the sole property of GET FRESH. The GET FRESH Trademarks may not be used in connection with any product or service that is not owned by GET FRESH in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GET FRESH. Any trademarks not owned by GET FRESH that appear on this Contest Site are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of GET FRESH or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner. SEVERABILITY: If any provision of these terms, conditions and notices are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions with remain in full force. RESOLUTION OF DISPUTES: These Terms and Conditions shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between contest participants, without regard to conflict of law provisions. You and GET FRESH agree to submit exclusively to the jurisdiction and venue of the Circuit Court for the County of Los Angeles, State of California.