Meagan’s Memorial Hope At Home Online Talent Show: TERMS OF WEBSITE USE
EFFECTIVE AS OF 4/05/2020
PLEASE NOTE THAT THE ARBITRATION SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND COMPANY UNDER THIS AGREEMENT BE HANDLED BY ARBITRATION, AND (ii) YOU AND COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES.
This Agreement shall remain in full force and effect while you use the site or have an account. Company may terminate your subscription at any time, without warning. Even after your account expires or is terminated, this Agreement will remain in effect.
YOUR PROPRIETARY RIGHTS
You shall retain all ownership rights in your User Content. By submitting the User Content, you hereby grant to EDS Wisconsin, Inc., in perpetuity, a non-exclusive, royalty-free, sublicenseable and freely transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the User Content for any purpose whatsoever, throughout the universe, including, without limitation, in connection with (i) the Program, including, without limitation, advertising, marketing, promotion, merchandising and the exploitation of any and all ancillary and subsidiary rights, and redistributing part or all of the Program (and derivative works thereof), and (ii) the business of EDS Wisconsin, Inc and/or its affiliated companies, including, without limitation, Internet websites, applications, interactive television, video on demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which EDS Wisconsin, Inc. or its Affiliates may distribute content to end users, whether now existing or hereafter developed (together, the “Platforms”), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to you. For the avoidance of doubt, without limiting the generality of the rights granted to EDS Wisconsin, Inc. and/or any Affiliated entity, these rights include, without limitation, the absolute right to edit and/or alter any User Content distribute and synchronize all or any portion of your User 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 User Content; to encrypt, encode and decode, and compress and decompress all or any portion of your User 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 User Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your User Content; and to excerpt and/or extract portions of your User Content in order to host, store, index, categorize and display your User Content on or through the Platforms. EDS Wisconsin, Inc. has no obligation to review your User Content or to use your User Content in any manner whatsoever.
THIRD PARTY LINKS, SERVICES AND ADVERTISING
If you are interested in creating hypertext links to the Site, you must contact Company at email@example.com before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or Company, including its respective employees, agents, directors, officers and/or shareholders.
Company takes no responsibility for third party advertisements which are posted on the Site or the Company Services, nor does it take any responsibility for the goods or services provided by its advertisers.
COMPANY NEWSLETTERS; EMAIL ALERTS
Company may deliver newsletters and email alerts to its subscribers on a variety of Company services and programming. If you would like to subscribe to any of the newsletters Company offers, you may do so by clicking on the “Newsletter” link near the bottom of all site pages. If you would like to unsubscribe from any Company newsletter or email alert, you may do so by clicking on the “unsubscribe” link at the bottom of the Company newsletter or email alert that you have signed up to receive.
The Site and Company Services are provided “AS-IS” and “as available” and Company does not guarantee or promise any specific results from use of the Site and/or Company Services. Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, Company makes no warranty that your use of the Site and/or Company Services will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Company Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will Company be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Site and/or Company Services, problems or technical malfunction in connection with use of the Site and/or Company Services, attendance at a Company event, any material downloaded or otherwise obtained in connection with the Site and/or Company Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Site and/or Company Services, or the conduct of any users of the Company Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of Company.
LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY, ANY OF ITS AFFILIATED COMPANIES OR AMERICA’S GOT TALENT’S PRODUCERS, SPONSORS OR ADVERTISERS (OR EACH OF THEIR RESPECTIVE AFFILIATES, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE SITE AND/OR COMPANY SERVICES.
You agree to defend, indemnify and hold harmless Company, any of their affiliated companies and producers, sponsors and advertisers and each of their parents, affiliates and related companies together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of the Site and/or Company Services; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
Company reserves the right to immediately terminate your use of, or access to, the Site at any time for any or no reason, with our without prior notice or explanation, and without liability. Furthermore, even after your user account or access to a section of the Site is terminated, this Agreement will remain in effect.
U.S. EXPORT CONTROLS
Software available in connection with the Site and/or Company Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Site or Company Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Any dispute arising hereunder shall be arbitrated in binding arbitration in Madison, WI, and before a mutually selected arbitrator experienced in the United States. Each of you and Company also agrees to give up the right to have claims heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and Company. The only exceptions to this are that (i) each of you and Company retains the right to sue in small claims court and (ii) each of you and Company may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
This Agreement shall be deemed negotiated and entered into and shall be construed in accordance with the laws of the State of Wisconsin and the United States applicable to agreements which are negotiated, signed and performed within such state. All actions, proceedings or litigation arising out of this Agreement shall be instituted and prosecuted solely within the State of Wisconsin. Talent hereby consents to the jurisdiction of the state courts of Wisconsin and the federal courts located in the city of Madison, Wisconsin as to any matter arising out of or relating to this Agreement, and agree that Wisconsin is a convenient forum.
Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Company agree to submit to the exclusive jurisdiction of the courts located in Madison, Wisconsin, to resolve any Dispute arising out of the Agreement or the Company Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SITE OR THE COMPANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree to indemnify and hold Company, companies affiliated with Company, producers, distributors and/or other entities associated with the producers of Company content, each advertiser, sponsor and their advertising agencies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your use or misuse of the Site or the Company Services (including, without, limitation, any use of your account, whether or not authorized by you), your breach of this Agreement, your violation of any rights of another or any content that you transmit through the Company Services.
Company does not knowingly accept, via the Company Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Company requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Company or Affiliated Company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to Company via the Company Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and Company; (ii) any such unsolicited submissions and copyright become the property of and will be owned by Company (and are not User Content licensed by you to Company under “Your Proprietary Rights in and License to Your User Content”) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against Company or Company Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices the Company may be required by Applicable Law to send to you will be effective upon Company’s sending an e-mail message to the e-mail address you have on file with Company or publishing such notices on the informational page(s) of the Company Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Company Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company Services or information provided to or gathered by us in connection with such use.
Please contact the Site Administrator at firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
All materials contained in Site and Company Services are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained in Site or Company Services is expressly prohibited.
This site (“Site”) is operated by EDS Wisconsin, Inc., to accept, process and administer online auditions (“Services”).
The Site and the Services (as defined below) are for a general audience, and are not targeted to children. Site operators do not knowingly collect personal information from children under 13 years of age.
- Submission and collection of information on the services
Registration Information is the information you submit to register for a Service, for example, to create an account, post comments, receive a newsletter, or enter a contest or sweepstakes. Registration Information may include, for example, name, email address, gender, and birthday.
Public Information and Posts consist of comments or content that you post to the Services and the information about you that accompanies those posts or content, which may include a name, user name, comments, likes, status, profile information and picture.
Activity Information. When you access and interact with the Services, EDS Wisconsin, Inc. may collect certain information about those visits. For example, in order to permit your connection to the Services, our servers receive and record information about your computer, device, and browser, including potentially your IP address, browser type, and other software or hardware information. If you access the Services from a mobile or other device, EDS Wisconsin, Inc. may collect a unique device identifier assigned to that device, geolocation data, or other transactional information for that device. At this time EDS Wisconsin, Inc. do not respond to browser ‘Do Not Track’ signals, as EDS Wisconsin, Inc. awaits the work of interested stakeholders and others to develop standards for how such signals should be interpreted.
Cookies and other tracking technologies (such as browser cookies, pixels, beacons, and Adobe Flash technology including cookies) are comprised of small bits of data that often include a de-identified or anonymous unique identifier. Websites, apps and other services send this data to your browser when you first request a web page and then store the data on your computer so the website, app or other service can access information when you make subsequent requests for pages from that service. These technologies may also be used to collect and store information about your usage of the Services, such as pages you have visited, content you have viewed, search queries you have run and advertisements you have seen.
Third parties that support the Services by serving advertisements or providing services, such as allowing you to share content or tracking aggregate Services usage statistics, may also use these technologies to collect similar information. EDS Wisconsin, Inc. does not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third-party advertising networks and similar entities that use these technologies, see www.aboutads.info/consumers, and to opt-out of such ad networks’ and services’ advertising practices, go to www.aboutads.info/choices.
Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information. Users can manage the use of Flash technologies, with the Flash management tools available at Adobe’s website, see http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.. Please note that by blocking any or all cookies you may not have access to certain features, content or personalization available through the Services.
Information from Other Sources. EDS Wisconsin, Inc. may supplement the information EDS Wisconsin, Inc. collects with information from other sources, such as publicly available information from social media services, commercially available sources and information from Company Affiliates or business partners.
- USE AND DISCLOSURE
EDS Wisconsin, Inc. uses the information EDS Wisconsin, Inc. collects from and about you to provide the Services and features to you, including: to measure and improve those Services and features; to improve your experience with both online and off-line Services by delivering content you will find relevant and interesting, including advertising and marketing messages; to allow you to comment on content, and participate in online games, contests, or rewards programs; to provide you with customer support and to respond to inquiries. When the information collected from or about you does not identify you as a specific person, EDS Wisconsin, Inc. may use that information for any purpose or share it with third parties, including the purposes below.
EDS Wisconsin, Inc. uses the information EDS Wisconsin, Inc. collect from and about you for these additional purposes:
To allow service providers to assist us in providing and managing the Services. EDS Wisconsin, Inc. may make your information available to certain third party service providers, such as contractors, agents or sponsors, who help us manage or provide the Services.
To contact you. EDS Wisconsin, Inc. may periodically send promotional materials or notifications related to the Services. If you want to stop receiving promotional materials, follow the unsubscribe instructions at the bottom of each email. There are certain service notification emails that you may not opt-out of, such as notifications of changes to the Services or policies. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.
To share with business partners. EDS Wisconsin, Inc. may share your information with business partners to permit them to send you marketing communications consistent with your choices.
To complete a merger or sale of assets. If EDS Wisconsin, Inc. sell all or part of our business or make a sale or transfer of our assets or are otherwise involved in a merger or transfer of all or a material part of our business, EDS Wisconsin, Inc. may transfer your information to the party or parties involved in the transaction as part of that transaction.
EDS Wisconsin, Inc. uses reasonable administrative, technical, personnel and physical measures to safeguard information in its possession against loss, theft and unauthorized use, disclosure or modification. However, no one can guarantee the complete safety of your information. If you are asked to select a password to access a Service, you should select a password that contains a combination of letters, numbers and non-alphanumeric characters (for example, %, $ and &) and avoid dictionary words. In addition, you should not use the same password that you use for other business or personal accounts.
- USER ACCESS AND CONTROL
If you no longer want to use the Services, please send an email to email@example.com. You may unsubscribe to newsletters by clicking the “unsubscribe” link at the bottom of the newsletter email.
- OTHER IMPORTANT INFORMATION
Remember that even after you cancel your account, copies of some information from your account may remain viewable in some circumstances where, for example, you have shared information with social media or other services. Because of the nature of caching technology, your account may not be instantly inaccessible to others. EDS Wisconsin, Inc. may also retain backup information related to your account on our servers for some time after cancellation for fraud detection or to comply with applicable law or our internal security policies. It is not always possible to completely remove or delete all of your information due to technical constraints, contractual, financial or legal requirements.
Sensitive Information. EDS Wisconsin, Inc. asks that you not send us, and you not disclose, any sensitive personal information (such as social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Services or otherwise.