Introduction.
The following terms and conditions of use (the "Terms and Conditions") govern your use of the internet application titled, the “Radio Maliboom Boom Video Shoot Application,” which shall include, without limitation, the home page, splash page, and all other pages comprising the application, and all content thereon (the "Application") as provided by Pernod Ricard USA, its respective affiliate companies, parent companies, nominees, designees, successors, agents, assigns and any other party acting on their behalf ("Company" or "We"). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Application launch page.
BY USING THE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE APPLICATION. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Application. By using the Application, following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
User Privacy Rights and Rights to Publicity
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby grant to Company full authorization and the absolute and irrevocable royalty-free right and permission to convey, reproduce, distribute, exhibit, copyright, use and otherwise exploit my name, image, signature, likeness, voice and overall rights to publicity (the “Materials”), together with or without written or spoken copy, for use in the Application and any advertising, marketing, promotion, publicity, business, trade or any other lawful purpose whatsoever associated with the Application, throughout the world in perpetuity in any media whatsoever now known or hereafter developed, including, but not limited to, by means of Facebook and/or other internet platforms.
I agree that Company shall own all rights in the Materials (including copyright) and I hereby waive any right that I may have to inspect or approve the finished product or the advertising copy which may be used in connection therewith, or the use to which it may be applied.
I hereby release, discharge and agree to hold harmless the Company (also including any agency, client, broadcaster, ISP, designer, periodical or other publication) from any liabilities, claims and demands caused by, or arising by virtue of, any use whatsoever of the Materials in conjunction with the Application and in accordance with the terms hereof, whether intentional or otherwise, including but not limited to any liability for what might be deemed to be misrepresentation or defamation of me, my character or my person due to distortion, alteration, optical illusion or faulty processing or reproduction which may occur by virtue of the use of the Materials or any written or spoken material which is part of or connected with the Materials and also including, but not limited to any claims for copyright infringement, invasion of privacy or right of publicity.
Proprietary Rights and Usage Rights.
Company is the owner and/or authorized user of any trademark, and/or service mark appearing in the Application, and is the copyright owner or authorized user of the content and/or information used for the Application, unless otherwise indicated. This Application and all associated content are ©2010, Pernod Ricard USA, all rights reserved. All other trademarks, service marks and logos used in this Application, if applicable, are the trademarks, service marks, or logos of their respective owners. All pages and content utilized by the Application are the property of Company and/or its affiliates. Except as otherwise provided herein, use of the Application does not grant to you a license to any content, features or materials you may access through the Application. Any commercial use of the Application is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions or as permitted by the Application, for any purpose. You are, however, granted a limited, revocable, royalty free and non-exclusive right to utilize the Application in conjunction with your personal Facebook account, per the link feature provided through the Application, and other internet platforms and websites utilized by the Application. If you make other use of the Application, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Application. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise contribute to the Application, may be used by us in any manner. In addition, no license is granted to you by these Terms and Conditions to decompile, reverse engineer, disassemble or modify the Application. Further, no license is granted to you by these Terms and Conditions to (i) remove, efface or obscure any copyright or other proprietary notices from the Application or (ii) exploit, copy, reproduce, sublicense, transfer or assign the Application.
ONLY INDIVIDUALS ABOVE THE LEGAL PURCHASE AGE IN THEIR COUNTRY OF RESIDENCE SHOULD USE THIS SITE. Use of the Application must be dignified, modest and it good taste, may not be obscene or indecent, including but not limited to nudity, pornography or profanity, must not contain any offensive or defamatory statements including but not limited to words, symbols or images that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group, must not feature, advocate, suggest, condone, or treat in a humorous manner the excessive, underage or irresponsible consumption of beverage alcohol products, must not include threats to any person, place, business, group or world peace, it must not invade privacy or other rights of any person, firm or entity, must not include any third party trademarks or copyrighted materials, including brand names, logos, text or other similar materials, it must not portray Company or Company’s brands or products in any way that might tend to subject any of them to public contempt, scandal, disrepute or ridicule, and it must not in any other way violate any applicable laws, rules or regulations or industry self regulatory codes. Company may disable your access to the Application and reserves the right to make determinations of suitability in its sole and absolute discretion, and to remove any videos it determines to be inappropriate for any of the reasons listed above, for breach of any Terms and Conditions or for any other reason.
Disclaimer of Warranty. THE APPLICATION IS LICENSED TO YOU "AS IS." THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE APPLICATION, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY ALSO DISCLAIMS ALL WARRANTIES WITH REGARD TO WHETHER THE APPLICATION WILL MEET YOUR REQUIREMENTS, WORK IN COMBINATION WITH ANY HARDWARE OR OTHER SOFTWARE OR OPERATE ON AN UNINTERRUPTED OR ERROR FREE BASIS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY OR MAY BE LIMITED.
Limitation of Liability. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, DIRECT, EXEMPLARY, PUNITIVE OR STATUTORY DAMAGES OF ANY KIND ARISING OUT OF THE DOWNLOAD, INSTALLATION AND/OR USE OF ANY APPLICATION, INCLUDING, BUT NOT LIMITED TO, LOST DATA, REVENUES, BUSINESS OR PROFITS, EVEN IF THE DEVELOPERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY’S LIABILITY FOR ANY CLAIM REGARDING PARTICULAR APPLICATION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EXCEED THE CHARGES PAID BY YOU, IF ANY, FOR THE SUBJECT APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY OR MAY BE LIMITED.
Miscellaneous.
These Terms and Conditions contain the entire understanding and supersedes all prior understandings between Company and me/you relating to the subject matter herein and cannot be changed or terminated except in a writing executed by both parties. I acknowledge that no verbal promises or commitments have been made to me and I am not relying on any statements made by any person or entity relating to the subject matter of this agreement. The Terms and Conditions and the relationship between you and Company shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You and Company agree that any cause of action that may arise under this agreement shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You and Company each agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. The failure of Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.