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By Claiming this video, you are asserting that you are either
a) featured in this video, or
b) have otherwise been part of the team that made this video possible.
Furthermore, you understand that this video will be listed as one of your own on your FanUnite profile. You are therefore subject to FanUnite's Terms and Conditions and Privacy Policy, which includes copyright regulations as upheld by national and local governments of the United States of America.
a) featured in this video, or
b) have otherwise been part of the team that made this video possible.
Furthermore, you understand that this video will be listed as one of your own on your FanUnite profile. You are therefore subject to FanUnite's Terms and Conditions and Privacy Policy, which includes copyright regulations as upheld by national and local governments of the United States of America.
FanUnite, Inc. Privacy Policy
FanUnite will not disclose your personal information without your written permission or if directed by competent legal authority. Our goal is to use your personal information solely for providing you a better service. If you want to know specifically how we use your personal data, please contact us at ContactUs@FanUnite.com
Your personal Information:
FanUnite may use any information you provide to identify you for internal security and to ensure access to your account is restricted to only authorized persons. Information on you will be collected each time you logon to the site and will be retained to further enhance our security procedures.Do be aware some local storage on your device (e.g., phone, PC, et cetera) may be used by FanUnite. FanUnite encourages you to keep your personal information updated which can be done whenever you logon to the FanUnite website.
Other uses:
FanUnite respects your privacy. We will not publish anything marked as private. Nor will we sell or otherwise disclose your personal information without your written authorization, or upon receipt of legal documentation from an authorized agency requiring such disclosure. For example, a legal or government entity with the authority to subpoena may request your information at which time we would be compelled to disclose your personal information as it is in support of a government regulation, code, or law which forces compliance. However, in a case where you require disclosure of your own data to obtain access to the FanUnite website, upon reasonable verification of your identity, FanUnite may release your personal information to you. Keep in mind our goal is to ensure your experience with FanUnite is a favorable experience and therefore we may use information such as your e-mail address to provide you information regarding our services. Our privacy policy applies to all of FanUnite’s services and personnel but not to outside entities which use FanUnite’s services.
Logon:
When you LOGON while using third party media software such as Facebook® or Twitter®, please be aware FanUnite will only use the minimum data provided by the third party to confirm your identity to ensure authorized access to FanUnite.
FanUnite Terms of Service
Your use of the FanUnite website domain including all content made available through this website domain constitutes your agreement to the terms and conditions contained herein. FanUnite may in its sole discretion modify the below terms and conditions and/or associated policies at any time and you agree to be bound by all such revisions. If you do not agree to any of these terms or conditions, you are not authorized usage of this website or content contained herein.
SECURITY & PRIVACY:
FanUnite is a separate entity and therefore not associated with any other entity which may be referred to on this website or by the content contained herein. FanUnite shall not release, modify, censor, or endorse any data or content within this website. Access to this website domain by you constitutes your express agreement to release FanUnite and any other entity made by reference (express or implied) from any and every liability due to improper and/or unauthorized usage of restricted digital data files and/or transfer to/from any third-party URLs.
When you log in to FanUnite using another social media site such as Facebook or Twitter, please note that FanUnite will only use the information necessary to full register for our site. We will not publish any information marked Private.
Please refer to our Privacy Policy here .
FanUnite reserves all rights not expressly granted in this agreement for FanUnite content and website.
RESTRICTIONS ON USAGE:
All persons using this website are classified as general purpose users and are hereby granted access within the following restrictions that you hereby agree to:
- Not distribute any content using any form of media without FanUnite’s written authorization.
- Allow FanUnite unfettered usage of your name and all content you provide to FanUnite with or without your written permission.
- Not to use this website or content herein for any commercial usage without prior written authorization form FanUnite. Prohibited commercial usage includes (but not limited to) authorizing third party access for personal or financial gain, sale of commercial advertising or content obtained through FanUnite.
- Not to solicit any users on FanUnite for any personal or commercial purposes, and/or, within the sole discretion of FanUnite, use any data obtained through this website for any purpose including, but not limited to competing with FanUnite that may or may not have an actual financial impact on market share or financial position of FanUnite or that may be used for your personal financial benefit.
- The content on the FanUnite website (except contestant submissions) and all trademarks, logos, et cetera without limitation are either owned or leased by FanUnite and are subject to international copyright and other worldwide intellectual property rights. Usage of content is provided AS IS and is limited to personal use only and may not be copied, reproduced, transmitted, sold, leased, or distributed in any way without express written consent from the respective owner(s). FanUnite reserves all right(s) not expressly granted in and to this website.
-Not to disable, circumvent, or otherwise interfere with any security-related features related to the FanUnite website or its content.
- Being exposed to content which may be regarded as indecent, offensive, or otherwise objectionable and you hereby agree to waive any legal or equitable rights or remedies you may have against FanUnite, its owners, operators, affiliates, and/or licensors harmless to the fullest extent allowed by law.
CONTESTANT PARTICIPATION:
- Before uploading any content, you are required to open an account by providing accurate and complete information. FanUnite is not responsible for any information deemed or perceived to be false that is provided by users.
-Your use of FanUnite must comply with all applicable local, national and international laws and regulations. This includes but is not limited to illegal downloading, copying, reproducing, distributing, transmitting, broadcasting, displaying, selling, or licensing of any content on FanUnite without first obtaining the appropriate rights from FanUnite.
- You are singularly responsible for all content and activity that occurs in connection with your contestant account. You are also responsible for consequences of unauthorized usage of your contestant account whereby you have not maintained proper security of your password (e.g., but not limited to; allowing your password to be seen by a third party).
-FanUnite is not responsible for any loss(es) due to unauthorized access to your account, but you may be liable for losses of other users in the case of any unauthorized access.
- Although you retain full rights to your legally uploaded content, you give permission to FanUnite the royalty-free, nonexclusive, and transferable right to license and use in connection with FanUnite’s website, affiliates, and successors without limitation for redistribution, promotion in full or in part in any type of media and/or media channels. You also grant users to read-only access your content submission though the FanUnite website without fee. Aforementioned access may be terminated 90 days after you remove your submission from the FanUnite website and recognize FanUnite will ordinarily have digital backup copies of your submission which may not be displayed or distributed for commercial or private usage. If your profile on FanUnite is terminated for any reason, FanUnite reserves the right to future use of any and all content you uploaded before the termination of your profile.
- FanUnite is not responsible for any loss or damage resulting from any online or offline use of FanUnite Services.
-FanUnite does not guarantee any specific or type of results from using FanUnite Services, to include but not limited to job offers or any other form of contact from industry professionals. If any type of offer or solicitation is made, FanUnite is not responsible for the accuracy, consequences, or legitimacy of said offer.
- You agree to not upload any content that is illegal in any of the United States of America. That includes (but not limited to); child pornography, drug abuse, sexually explicit photos or lyrics, animal abuse, graphic violence, copy righted material, profanity, and/or anything that is disparaging to any ethnic or religious group. FanUnite reserves the right to remove any content it feels within its sole determination is offensive in accordance with the above guidelines.
-Any opinions expressed on the FanUnite website do not necessarily reflect the opinion or position of FanUnite, its’ vendors, contractors, or employees.
INFRINGEMENT:
FanUnite explicitly prohibits use of copyrighted material and will remove such copyrighted material immediately upon having been provided supportable documentation that, within its sole discretion, FanUnite concludes is such an infringement. Any person or entity that believes an infringement has taken place must notify FanUnite and provide documentation in support of the allegation to the website manager for immediate determination and disposition. Necessary documentation must include legible copies of prima facie evidence of the infringement along with complete contact information of the claimant or legally authorized representative.
- Videos uploaded must have the legal title of the song and appropriate credit to all parties, especially in those videos which you do not perform.
- If you provide false information, FanUnite reserves the right to remove the video from the website. In the case of multiple infractions, upon the sole discretion of FanUnite, your profile and content shall be deleted with or without notification. You agree to pay for all royalties, fees and any other monetary demands owed to an entity due to the posting of any content on FanUnite that violates this agreement and/or any copyright law.
- FanUnite reserves the right to not participate, or become involved in any disputes between users. You are singularly responsible for all of your interactions with other FanUnite users and vendors.
INDEMNITY:
You agree to defend your right to use content which you upload and to hold FanUnite, its parent corporation, it’s officers, directors, affiliates, agents, employees and directors harmless from any claims, obligations, damages, losses, liabilities, expenses (including attorney and legal fees) arising from your use and/or access to the FanUnite website.; violation of any of the above terms and conditions, any third party claims for direct or indirect damages of any type, and/or damage claims from another contestant. This indemnification shall survive these Terms and Conditions, FanUnite, its successors, and including your usage of this website.
CONTRACTUAL LIABILITY:
You affirm that you are of legal age or a legally-recognized emancipated minor and therefore legally able to enter into this contract. If you are not legally able to enter into this contract, you and your parents or legal guardians affirm that the parents are of legal age to contract and your submission is done with their knowledge, their account, and their concurrence. In either case, you hereby affirm that you are at least 14 years of age.
ASSIGNMENT:
This contract may not be granted to a third party except to an entity that is successor to FanUnite.
SEVERABILITY:
If any term or condition is found to be non-enforceable by a court of competent authority, the remaining terms and conditions shall remain in effect.
GENERAL:
The aforementioned Terms and Conditions are in accordance with, subject to, and shall be adjudicated in and by the State of California within one year after FanUnite is properly notified of the cause of action. No rise of action shall be recognized or allowed after the one year post-notification. This agreement shall constitute the entire agreement.
WARRANTY DISCLAIMER:
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR COMPLETE AGREEMENT THAT THE FANUNITE WEBSITE AND RELATED SERVICES are used AT YOUR OWN RISK. THE FANUNITE WEBSITE, MATERIALS AND ASSOCIATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FANUNITE MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE; OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. ADDITIONALLY, FANUNITE MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS. FANUNITE IS NOT LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE CONTENT REGARDING ANY OPINION, ADVICE, INFORMATION, OR OTHER MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. YOU ARE REQUIRED TO SEEK PROFESSIONAL COUNSEL REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT DERIVED FROM THE FANUNITE WEBSITE. UNDER NO CIRCUMSTANCE WILL FANUNITE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. BE ADVISED SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND/OR LIMIT CERTAIN TYPES OF DAMAGES. Therefore, SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Copyright Your Video:
FanUnite is not responsible for the copyrighting or protection of the music uploaded to this site. However, we still want to help you protect your work.
Once a song is written down or published (FanUnite and YouTube counts as published), the writer is the official owner of that song.
Registering your music/lyrics with the Library of Congress is optional, but is recommended to protect your ownership of your work.
"The Poor Man's Copyright" takes place when you mail yourself your music and do not open the envelope in order to prove date of creation. However, this is not a guaranteed means of protecting your music, as high tech laser printers can falsify postmarked dates.
FanUnite suggests also submitting your work to any official music organization such as ASCAP, BMI and SESAC that you might be a member of.
Registering your music with the Library of Congress costs $35 online and $45 by paper, but does provide certain benefits:
- If your music is stolen, registration must be complete before filing a lawsuit
- Right to attorney fees and statutory damages
- Covers both composition and sound recordings
- Exclusive rights to duplicate and distribute your music
- Copyright is protected for 70 years after the composer's death
Apply to copyright your music here: http://www.copyright.gov/
Check out some of these sites for more information.
http://www.gcglaw.com/resources/entertainment/music-copyright.html
http://www.artistshousemusic.org/expert/how+do+i+copyright+my+original+music
http://www.musicbizacademy.com/internet/how2copyright.htm
Cover SongsIn order to publically perform a song that has been copyrighted (ie. a cover song), you have a legal obligation to obtain the rights for such a performance. Posting videos online is considered a public performance, as is physically performing a song at a gig.
By agreeing to FanUnite's Terms and Conditions, you are agreeing to be held liable for any copyright infringement of your videos. If it is determined that your video violates copyright laws, FanUnite will be required to remove your video from the website, with or without notifying you first. FanUnite is not responsible for ensuring that your video has the appropriate and necessary licensing, but we want to help you cover all your legal bases.
In order to legally post a cover of a song not in the public domain, you need to obtain a Mechanical License from the owners of that music. Note that the music and lyrics are copyrighted separately from the actual recording of the song, so you need to make sure you have the necessary rights for both. If you are recording a cover of a song and combining it with other music or video, you will need to obtain a Synching License in addition to the Mechanical License.
You can get a Mechanical Licenses here or via other websites:
https://www.songclearance.com/
http://www.easysonglicensing.com/
To obtain a Synch License, FanUnite recommends contacting the publisher directly.
For some additional information, refer to these websites:
http://www.dwt.com/advisories/The_Basics_of_Music_Licensing_in_Digital_Media_03_10 _2010/
http://www.cleverjoe.com/articles/music_copyright_law.html
http://www.indieguide.com/wiki/page/Copyright_for_Cover_Songs_and_Loops
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