Video Upload Terms of Use

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I hereby authorize Norton Healthcare, its employees and agents, specifically members of the following Norton Healthcare departments public relations and marketing/communications and/or the media representative(s) named below, to use and disclose such interview, photographs or videotapes of me or my minor children as necessary for the purposes as described below, which includes showing or displaying on the World Wide Web and to members of the general public in accordance with the following terms and conditions.

 

1. By using or visiting the CopingClub.com website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service") and  (2) Norton Healthcare’s  privacy notice, found at www.NortonHealthcare.com/privacypolicy and incorporated herein by reference.  If you do not agree to any of these terms, the Norton Healthcare privacy notice, or the posting guidelines, please does not use the Service.  As a CopingClub.com participant you may submit video content to the Service, including videos and user comments the (“Content”). You understand that Norton Healthcare does not guarantee any confidentiality with respect to any Content you submit.

 

  1. 1. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Norton Healthcare all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
  2. 2. You affirm represent and warrant that you are either the parent or legal guardian of any minor child represented in your Content and hereby consent to the appearance of your minor child on CopingClub.com.
  3. 3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Norton Healthcare, you hereby grant Norton Healthcare a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Norton Healthcare’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Norton Healthcare may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
  4. 4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Norton Healthcare all of the license rights granted herein.
  5. 5. You further agree that you will not submit to the Service any Content or other material that is contrary to the Norton Healthcare guidelines, currently found at CopingClub.com, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
  6. 6. Norton Healthcare does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Norton Healthcare expressly disclaims any and all liability in connection with Content. Norton Healthcare does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Norton Healthcare will remove all Content if properly notified that such Content infringes on another's intellectual property rights.
  7. 7. Norton Healthcare reserves the right to remove Content without prior notice.  Norton Healthcare reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Norton Healthcare may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
  8. 8. I understand that I will not receive compensation and waive the rights to claims for payment or royalties in connection with any use, disclosure, televising, electronic display or publication of such interviews, photographs or videotapes as authorized herein.

 

2. IN NO EVENT SHALL NORTON HEALTHCARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NORTON HEALTHCARE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


3. The Service is controlled and offered by Norton Healthcare from its facilities in the United States of America. Norton Healthcare makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.


4. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Norton Healthcare, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.


5. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.


6. You agree that: (i) the Service shall be deemed solely based in Kentucky; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Norton Healthcare, either specific or general, in jurisdictions other than Kentucky. These Terms of Service shall be governed by the internal substantive laws of the State of Kentucky, without respect to its conflict of laws principles. Any claim or dispute between you and Norton Healthcare that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located Jefferson County, Kentucky. These Terms of Service, together with the Privacy Notice at NortonHealthcare.com/privacypolicy and any other legal notices published by Norton Healthcare on the Service, shall constitute the entire agreement between you and Norton Healthcare concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Norton Healthcare's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Norton Healthcare reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND NORTON HEALTHCARE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

I hereby affirm that I have read and fully understand the above statements and consent to the taking, use and disclosure of such interviews, photographs or videotapes for the purposes and extent stated above.

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