Nick Jr. User Content Submission Agreement
Please read this legal agreement carefully before uploading content to the Nick Jr. website. The submission of content is made conditional on agreement to the following. By uploading your content, you agree that all of the following terms and conditions apply to the content which you are supplying to NICKJR.COM and the NICKJR.COM Entities.
When you send your content (as further defined below) to Nick Jr., you are signifying your agreement with and acceptance of all these terms. Notwithstanding this Agreement, please note that we may also require users who want to submit content for the UGC initiative or use the interactive features of our Service, such as commenting on content, to be registered users of the NICKJR.COM Web site.
1. Submitting Content.We will use the term "content" to mean and refer to any and all content, media and materials you submit to or for the Service, whether directly to us or through any of the NICKJR.COM Entities, 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, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, captions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to 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 colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world.
Each time you upload or submit an item of content, you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Agreement. The instructions for uploading your content may be found on the upload page on our website (or such other location designated by Nick Jr.). To be considered for posting and display to the public, your content must meet all the applicable specifications and requirements relating to formatting, compatibility, operating characteristics and ground rules.
2. Content Requirements.
Neither NICKJR.COM nor any NICKJR.COM Entity controls any content submitted and, although we may use both automated and manual means of reviewing content in order to prevent Unauthorized Content from appearing and being displayed on NICKJR.COM, we do not have any obligation to you to review, evaluate or monitor content for that or any other purpose. NICKJR.COM reserves the right to review any submitted content and to delete, remove, move, edit or reject, without notice to you, any content that NICKJR.COM deems, in its sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Agreement or to be unacceptable to NICKJR.COM or any of the NICKJR.COM Entities, for any reason or for no reason whatsoever; provided, however, that NICKJR.COM shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If NICKJR.COM receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law (See Section 3 below), NICKJR.COM may remove content associated with such claim. NICKJR.COM further reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Service or to comply with legal, regulatory, audit and compliance obligations.
3. Copyright; Content Requirement Violations; Breach of Agreement.If you believe any content violates the copyright of any other party, you can notify us by using our Notice and Procedure for Making Claims of Copyright Infringement, which is set forth on our Copyright Compliance Policy. If you believe any content or the conduct of any other user violates this Agreement or in any other way infringes upon the rights of others, you may notify us by email at info@NICKJR.COM. We have no obligation to respond or reply to any notifications you send us, but we always reserve the right to take any action or no action in our sole discretion.
4. Rights Granted to NICKJR.COM and the NICKJR.COM Entities.
In connection with each and every item of content you submit to or through the Service, you hereby grant to NICKJR.COM and the NICKJR.COM Entities, on behalf of yourself and any other person or entity that can claim a right to the content, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any 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, and otherwise exploit all or any portion of your content on the NICKJR.COM Site, the Service, and any other websites, wireless services, channels, services (including branded programming services), and other distribution platforms, whether currently existing or existing or developed in the future, of NICKJR.COM and any NICKJR.COM Entity, as well as on third-party social networking websites and platforms, such as Facebook and Twitter, (collectively, the "Platforms"), for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to NICKJR.COM and the NICKJR.COM Entities, in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to NICKJR.COM and the NICKJR.COM Entities, these rights include, without limitation, a waiver of any moral rights; the right to create derivative works of, distribute and synchronize all or any portion of your 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 content; to encrypt, encode and decode, and compress and decompress all or any portion of your content; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your content; and to excerpt and/or extract portions of your content in order to host, store, index, categorize and display your content on or through the Platforms.
By submitting your content to the Service, in addition to the rights, licenses and privileges referred to above, you are also granting NICKJR.COM and each of the NICKJR.COM Entities the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully paid-up and royalty free right, license, authorization and permission to use and refer to your name, your child's (or any other person’s) name referenced in or with the content (if applicable), your and your child's respective User Name, image, characteristic, likeness, or other distinctive identification in accordance with the foregoing grant and further, in presentations, marketing materials, customer lists and financial reports, 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 Service, the Platforms, and any products, goods, features, functions, capabilities and/or services associated with NICKJR.COM and/or any of the NICKJR.COM Entities and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your content, for any purpose whatsoever, without any credit, compensation or accounting to you and/or your child, in products or services developed by any NICKJR.COM Entities, without limitation or restriction whatsoever.
The rights, licenses and privileges described in this Agreement and granted to NICKJR.COM and the NICKJR.COM Entities shall commence immediately upon submission of an item of content to or through the Service (by upload and approval by you or by any other means we or any of the NICKJR.COM Entities make available to you) 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 NICKJR.COM on notice to you. Notwithstanding the foregoing, you acknowledge and agree that neither NICKJR.COM, nor any NICKJR.COM Entity, shall be required or have any obligation to host, index, display, accept or use any submitted content (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and NICKJR.COM may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any content. Once you submit and approve your content to or through the Service, and in all cases subject to NICKJR.COM or the NICKJR.COM Entities’ compliance with applicable law, you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to NICKJR.COM or the NICKJR.COM Entities. You are not entitled to and you will not receive any compensation or other consideration for your content, or any use made of your content once submitted to or through the Service. You also understand and agree that neither all or any portion of content, nor any commercial, advertisement, promotional, marketing or other NICKJR.COM or NICKJR.COM Entity material associated with your content, need to be submitted for approval prior to use.
You hereby release NICKJR.COM and the NICKJR.COM Entities from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your content, including, without limitation, any and all liability for any use or nonuse of the your content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. NICKJR.COM and the NICKJR.COM Entities have 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 the content and the rights granted to NICKJR.COM and the NICKJR.COM Entities hereunder.
NICKJR.COM has the right to license, authorize and/or otherwise enter into agreements and arrangements with any NICKJR.COM Entity and/or all of the NICKJR.COM Entities 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 Agreement, in whole or in part.
Except for the licenses, authorizations, consents and rights granted hereunder and described in this Agreement, as comprehensive and broad as they may seem or actually be, NICKJR.COM acquires no title or ownership rights in or to any content you submit through the Service and nothing in this Agreement conveys to us any ownership rights in your content. Although by your submission of each and every item of content you are requesting and directing us and any of the NICKJR.COM Entities with whom we have made arrangements, to take advantage of and exploit all of the rights and privileges granted hereunder (including, without limitation, the right to display and post the content on the Platforms), neither we, nor any of the NICKJR.COM Entities, have any obligation to do any of these things.
You must own the rights to each item of content you submit and each element of each item of content you submit and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in this 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 NICKJR.COM and by submitting each item of content to or through the Service, you reaffirm each such representation, warranty and covenant, that (a) you are at least the legal age of majority in your state and you have the legal right and capability to enter into this Agreement and perform and comply with all of its terms and conditions, or, if you are below the legal age of majority in your state, your parent or legal guardian has agreed to this Agreement on your behalf, (b) all of the information provided by you associated with your use of the Service and each time you submit an item of content to or through the Service, is correct, complete and current, (c) neither your content nor your submission of any content violates this Agreement, any rights of any other party, any of your obligations, any law or regulation or infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any party, (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, (e) you will follow all of the rules which govern the applicable UGC initiative, if any, (f) you are a legal resident of the United States, and (g) neither you, nor any member of your immediate family or those living in your household is an employee, shareholder, officer, director, agent or representative of any person or entity connected with Nick Jr., VMN, Viacom International Inc. (non-majority shareholders permitted), NICKJR.Com Entities, participating television stations, advertising agencies, corporate sponsors or any of their respective parent companies, affiliates, subsidiaries, agents or representatives. Upon the request of NICKJR.COM, you will furnish NICKJR.COM 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 Agreement, including, without limitation, the foregoing representations, warranties and covenants. You also understand and agree that no guild or residual payments will arise in connection with the submission and exploitation of the content.
6. Financial Consideration.
NICKJR.COM and each of the NICKJR.COM Entities reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and hosting and operating the Service, the NICKJR.COM Site or other Platforms and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your content may be displayed on or otherwise used by or in connection with the Service, the NICKJR.COM Site or other Platforms.
8. Disclaimers and Limitation of Liability.
THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICE. NICKJR.COM EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SERVICE, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICE WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER.
THE SERVICE IS MAINTAINED ON SERVERS IN THE UNITED STATES AND IS INTENDED FOR U.S. USERS. NICKJR.COM SHALL NOT BE RESPONSIBLE FOR LIABILITY ARISING FROM ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY OTHER JURISDICTION OR COUNTRY. NICKJR.COM EXPRESSLY DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.