PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE SENDING A LINK TO YOUR VIDEO. THESE TERMS AND CONDITIONS (HEREAFTER "AGREEMENT") GOVERN YOUR PROVISION OF VIDEOS TO ANIMA BOUTIQUE OY (HEREAFTER "ANIMA BOUTIQUE"). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO PARTICIPATE IN LINKING YOUR VIDEO TO ANIMA BOUTIQUE. THIS AGREEMENT IS MADE BETWEEN YOU AND ANIMA BOUTIQUE. BY CLICKING ON THE "I ACCEPT" BUTTON YOU HAVE ENTERED INTO A BINDING AGREEMENT BETWEEN YOU AND ANIMA BOUTIQUE.
Introduction
Anima Boutique invites you to provide your own video to Anima Boutique to be used in "TheGuys.fi" internet service and in other products and services of Anima Boutique. The purpose of Anima Boutique is to use the videos provided by you and the other users and to alter, modify, complement and remix the videos by adding animation elements and characters to the videos. This process is hereafter referred to as 'hi-jacking' your video. The hi-jacked videos shall thereafter be published by Anima Boutique in accordance with this Agreement based on the sole discretion of Anima Boutique.
By submitting a link to your video, you confirm that you have the permission from each and every party having any rights to the respective video to submit the video to Anima Boutique in accordance with this Agreement. You must make sure before submitting the video that publishing the video on "TheGuys.fi" service and/or as a part of other products and services of Anima Boutique or other use of the video for marketing purposes does not infringe any intellectual property rights of any party.
By entering into this Agreement and submitting your video, you explicitly agree to the publication of your video and your name and other details related to your video for an indefinite period of time as provided in this Agreement. Furthermore, you agree that Anima Boutique may hi-jack your video. Anima Boutique will have the sole right to sell and distribute the remixed video, subject to the terms of this Agreement.
Grant of License by you
By entering into this Agreement and making available your video to Anima Boutique, you are directing and authorizing Anima Boutique to, and granting Anima Boutique a perpetual, worldwide, royalty-free, non-exclusive, transferrable and sub-licensable right and license to, host, cache, route, transmit, store, copy, modify, distribute, perform, display, communicate to the public, reformat, and excerp and otherwise commercially exploit your video, by any technical means, in connection with Anima Boutique products and services now existing or hereafter developed, including without limitation for syndication on third party sites. You expressly agree that any and all links provided by you shall function properly.
In addition to the above, you agree that any video submitted by you may, in part or as a whole, as such or as altered/modified by Anima Boutique, be used in all advertising, marketing and promotion of Anima Boutique and its products and services without limitation. Anima Boutique shall also have the right, but no obligation, to use your name in connection with any use or of your video by Anima Boutique.
We reserve the right to refuse participation to any applicant or participant at any time in our sole and absolute discretion, and to withdraw videos, suspend, restrict and/or terminate the services provided under this Agreement and your participation in the "TheGuys.fi", immediately without notice to you and without liability to Anima Boutique, for any reason, including violations of any intellectual property rights.
Representations and Warranties
By entering into this Agreement and providing your video to Anima Boutique, you represent and warrant to Anima Boutique the following: (a) the content of your video is not, in whole or in part, pornographic or obscene; (b) you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in and to your video to enter into this Agreement and to grant the rights granted herein; (c) you have the full approval of any identifiable third parties who appear on your video to provide the video to Anima Boutique in accordance with this Agreement (d) you have the legal right and authority to enter into this Agreement, to perform the acts required of you under the Agreement, and to grant the rights and licenses described in this Agreement. You further represent and warrant that your video and the rights and licenses granted to Anima Boutique under this Agreement and Anima Boutique’s authorized use of your video (including the public display, public performance, distribution and reproduction of your video): (i) do not and will not violate any applicable law, statute, ordinance or regulation and (ii) do not breach and will not breach any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories.
Your Obligation to Indemnify.
You agree to indemnify, defend and hold Anima Boutique and its respective directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss and expense (including reasonable legal fees, damage awards, and settlement amounts) brought against any Indemnified Person(s) arising out of, or related to or which may arise from your video or the use thereof. The Indemnified Persons may in their sole discretion control the defense, at your expense, of any claim indemnified herein. In the event that the Indemnified Parties determine not to control the defense of any claim hereunder, any Indemnified Person may join in defense with counsel of its choice at its own expense. You will not settle or resolve any such claim in a manner that imposes any liability or obligation on Anima Boutique or affects Anima Boutique's rights in connection therewith without the advance written approval of Anima Boutique, which will not be unreasonably withheld or delayed.
Applicable Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Finland without regard to its choice of law provisions. In the case of a dispute, you agree to submit to the exclusive jurisdiction of the courts of Helsinki, Finland.
