Video Submission Regulations

By using the From Here to stardom Inc. ( FHS ) Video Submission Service, you understand, acknowledge and agree that you will abide by the terms and conditions of our Agreement with you. When we use the term "Agreement" we mean and are referring to the standard Terms of Service set forth on the FHS website, these Regulations, the From Here To Stardom Inc. Video Submission Agreement as well as any additional terms and conditions that apply to and govern any features, functions and services we make available to you from time to time through the FHS website. These Regulations and our use of the term "Agreement" also includes our Privacy Policy. All of these are hereby incorporated into our Agreement with you by this reference and the Agreement will remain in full force and effect in perpetuity following your acknowledgment of these Regulations. Unooki.com website Video Submission Service is offered and made available only to users 18 years of age or older and if you are not yet 18 years old your use of our FHS website Video Submission Service is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside. By using or attempting to use the FHS Video Submission Service, you certify that you are at least 18 years of age and meet all other eligibility requirements for your use of the Video Submission Service. By submitting video content (“Video”) through this Video Submission Services, you hereby acknowledge to abide by the following terms and conditions: 1. You hereby acknowledge that the Video submitted is yours; that is, you should only submit Video content to which you own the copyright or have the express, written consent of the copyright holder. By making a submission to FHS, you are representing and warranting to unooki.com that you have the full right and authorization to submit the Video to FHS and that FHS is free to implement or use your Video submission if it so desires, as provided or as modified by, FHS without obtaining any further permission or license from you or any third party. 2. By submitting your Video to FHS, you grant to FHS the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to FHS through the FHS website, and to incorporate in other works in any form, media, or technology now known or hereinafter developed. FHS shall not be required to treat any Video as confidential, and may use any Video in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future unooki.com operations. You waive all rights of attribution and integrity with respect to any Video submitted herein. 3. All Video submissions must be exclusive to FHS, including its parent and affiliate companies. Video submitted by users pursuant to this Video Submission Service is subject to our From Here To Stardom Inc. Video Submission Agreement. 4. FHS’ s decisions regarding all Video submitted are final and nonappealable. All Video submissions are subject to the terms of these Regulation and entrants agree to be bound by these rules and FHS’s decisions. FHS reserves the right to amend these Regulations at any time. 5. FHS reserves the right to at any time implement new eligibility criteria and/or modify existing eligibility criteria, including, without limitation, geographical and age restrictions. 6. FHS reserves the right to edit and/or alter any Video submission at its discretion. You understand and agree FHS’s use of material containing features and elements similar or identical to those contained in the Video, or recreations of scenes or depictions contained in the Video, shall not obligate unooki.com to negotiate with you or entitle you to any compensation, including instances in which FHS determines that it has an independent legal right to use such other material which is not derived from you, because: (1) you do not own or control such material or such features or elements, or (2) the material, features and elements used by FHS and claimed by you to be the Video or as embodied in the Video are in the public domain, are not new or novel, are not legally protected or protectable, or were independently developed by FHS or obtained by FHS from other sources, including FHS employees or agents. 7. You acknowledge that in the event your Video is chosen for inclusion as part of a television program or otherwise utilized by unooki.com, you must sign a hard copy release and indemnity in the form presented by FHS testing, among other things, to the fact that you are the rightful owner of the Video and that the clip Video be submitted and broadcast, and ownership transferred to FHS, without obtaining permission from or making any payment to any third party. All persons appearing in the Video must sign consent forms and / or releases (which shall, among other things, grant to FHS the right to use such person’s name, voice, and likeness) before the Video can be eligible for broadcast by FHS. Releases will include, among other things, a statement that the Videos are your exclusive property and that the events purported to be spontaneous were in fact spontaneous and not staged. Releases must be obtained from all identifiable persons depicted in any submitted Video. A custodial parent or legal guardian must sign the consent / release forms for minors under the age of 18. These release and/or consent forms will be provided to you by FHS. Notwithstanding the foregoing, your submission of your Video constitutes your permission to FHS to use the Video and your name, voice and likeness, including the name voice and likeness of all persons appearing in the Video) by FHS in connection with any exploitation of the Video contemplated under these Regulations and the Video Submission Agreement. 8. You acknowledge that (i) the Video is wholly original with you and was created and is solely owned by you and that no other person or other entity has any right, title or interest therein or thereto; (ii) You have the full right and authorization to submit the Video to FHS upon all of the terms and conditions herein stated and as set forth in the unooki.com Video Submission Agreement; (iii) no person have collaborated with you in creating the Video; and (iv) You will not at anytime execute any further agreement or agreements in conflict herewith nor in any way attempt to encumber the rights herein granted or do or cause or permit to be done any act or thing by which the rights herein granted and purported to be granted may in any way be impaired. 9. By submitting your Video content through this Video Submission Service, you hereby agree to release, discharge, defend and hold harmless From Here To Stardom Inc., (and their respective parent, subsidiary, and affiliated companies; licensees; assigns; officers; directors; employees; agents and representatives of each of the foregoing) from and against any claim, expense or liability arising from or related to the submission or exploitation of the Video. 10. The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications ("marks") on or of FHS, including, without limitation, " FHS " and "fromheretostardom.com", are the intellectual property of and proprietary to From Here To Stardom Inc., its affiliates, its or their advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose. 11. You shall not use, allow, or enable others to use the FHS Video Submission Service, or knowingly condone use of the FHS Video Submission Service by others, in any manner that is, attempts to, or is likely to: o be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else; o affect us adversely or reflect negatively on FHS, its goodwill, name or reputation or cause duress, distress or discomfort to FHS or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the FHS Video Submission Service, or from advertising, linking or becoming a supplier to us in connection with the FHS Video Submission Service; o send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"; o be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; o transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information; o forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason; o violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; o gain unauthorized access to the FHS Video Submission Service or FHS website, other users' accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to the FHS website in any manner which violates or is inconsistent with the terms and conditions of this Agreement; o modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the FHS website or the rights or use and enjoyment of the FHS website by any other person, firm or enterprise. 12. You understand and agree that, to the fullest extent permissible by law, neither FHS, its affiliates, or its or their respective successors and assigns, nor any of its or their respective officers, directors, employees, agents, licensors, representatives, service providers, advertisers, or suppliers, shall be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the Video content submitted through the FHS Video Submission Service, use of the FHS Video Submission Service or related to these Regulations or pursuant to the FHS Video Submission Agreement, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages, regardless of the form of action or the basis of the claim and even if advised of the possibility of such damages. You hereby acknowledge that FHS shall assume no liability for any actions undertaken by you in connection with the creation, production or submission of any Video content submitted through the Video Submission Service. THE UNOOKI.COM WEBSITE AND ALL SERVICES, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, BET MAKES AND PROVIDES NO GUARANTY OR ASSURANCE THE FHS WEBSITE OR VIDEO SUBMISSION SERVICE OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, PRODUCTS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING FHS AND THE SERVICES, FEATURES AND FUNCTIONS OF AND/OR ASSOCIATED WITH FHS.