Video Release Agreement

This Video Release Agreement ("Agreement") is made and entered into by and between [Name of Participating Business Owner] ("Business Owner"), and the individual registering for the Virtual Competitions Online Platform ("Participant").

WHEREAS, Participant desires to participate in the Virtual Competitions Online Platform ("Platform") hosted by the Business Owner, which may involve the recording and/or streaming of the Participant's likeness, voice, and performance ("Video");

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

Consent to Use Video: Participant hereby grants to Business Owner and its affiliates, successors, assigns, licensees, and agents, the irrevocable, worldwide, royalty-free right and license to use, reproduce, distribute, and display the Video in any and all media, now known or hereafter devised, including without limitation, the Platform and other related materials.

No Obligation: The Business Owner shall have no obligation to use the Video or to include Participant's likeness, voice, or performance in any materials related to the Platform.

Representations and Warranties: Participant represents and warrants that (a) Participant is at least 18 years old or has the consent of a legal guardian, (b) Participant has the right to enter into this Agreement, (c) Participant is not subject to any agreement or obligation that would conflict with this Agreement, (d) the Video does not infringe upon any copyright, trademark, or other intellectual property right, (e) the Video does not defame or invade the privacy of any person or entity, and (f) the Video does not violate any applicable law or regulation.

Release and Indemnification: Participant hereby releases, indemnifies, and holds harmless Business Owner, its affiliates, successors, assigns, licensees, and agents, from and against any and all claims, liabilities, damages, expenses, and costs (including reasonable attorneys' fees) arising out of or in connection with the use, reproduction, distribution, or display of the Video or any breach of this Agreement by Participant.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of [State], without giving effect to its principles of conflicts of law.

Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements, understandings, or negotiations, whether written or oral.

Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

Acknowledgment and Agreement: Participant acknowledges that Participant has read this Agreement, understands it, and agrees to be bound by its terms by checking the designated box on the registration page for the Platform.

 

Virtual Competitions Online

Website Terms and Conditions of Use

1. Terms

By accessing this website, you are agreeing to be bound by this website’s Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to upload materials (text information, urls, links, YouTube videos URL and photo) on Virtual Competitions Inc. website for personal, and commercial transitory viewing. This is the grant of a license, not a transfer of title, and under this license, you may not:

modify or copy the materials;

use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

attempt to decompile or reverse engineer any software contained on Virtual Competitions Inc. website;

remove any copyright or other proprietary notations from the materials; or

transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Virtual Competitions Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Virtual Competitions Inc. website are provided "as is". Virtual Competitions Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Virtual Competitions Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Virtual Competitions Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Virtual Competitions Inc. Internet site, even if Virtual Competitions Inc. or a Virtual Competitions Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Virtual Competitions Inc. website could include technical, typographical, or photographic errors. Virtual Competitions Inc. does not warrant that any of the materials on its website are accurate, complete, or current. Virtual Competitions Inc. may make changes to the materials contained on its website at any time without notice. Virtual Competitions Inc. does not, however, make any commitment to update the materials.

6. Links

Virtual Competitions Inc. has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Virtual Competitions Inc. of the site. Use of any such linked website is at the users own risk.

7. Site Terms of Use Modifications

Virtual Competitions Inc. may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then-current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Virtual Competitions Inc. website shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Website.

Your Intellectual Property

3. By posting material on the website or by submitting material to be posted on the website, you grant to us a royalty-free, non-exclusive, and irrevocable license to post your material on Virtual Competitions Inc. As used in this Agreement, “material” includes all content posted on the website including but not limited to text, images, photos, hyperlinks and attachments (e.g., documents, files, etc.). A non-exclusive license means that you are free to use your own copyright material in any way you wish. Because website information may theoretically exist online in perpetuity, this license is irrevocable.

4. You agree to allow us to let other registered users use your material in the same way that we allow you to use the material of other contributors on Virtual Competitions Inc. In addition, you grant us the rights to:

a) Use your material in marketing and promotional materials.

 

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy. We take every reasonable effort to  maintain GMDR compliancy in accordance with SAS guidelines found here, https://www.sas.com/content/dam/SAS/en_us/doc/whitepaper1/gdpr-compliance-109048.pdf

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

We will only retain personal information as long as necessary for the fulfillment of those purposes.

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

8.DMCA Copyright Infringement.

If you believe that material or content residing on or accessible through the Virtual Competitions Online website or services infringes a copyright, please send us a Notice of Copyright Infringement to the Designated Agent (listed at bottom).

 

HOW TO REPORT COPYRIGHT INFRINGEMENT?

Please send the Designated Agent (listed at the bottom) the following:

Collect Evidence: Collect evidence that supports your claim. This could include things like screenshots, emails, or other records of the infringing activity.

Contact the Infringer: Reach out to the infringer and let them know that you believe they have violated your copyright. You may be able to resolve the issue through a simple conversation.

Send a Cease and Desist Letter: If the infringer does not respond or refuses to stop the infringing activity, you may need to send a formal Cease and Desist letter. This is a legal document that demands that the infringer stop their actions or face legal consequences.

File a DMCA Takedown Notice: If the infringing activity is happening online, you can file a DMCA Takedown Notice with the website or platform that is hosting the infringing content. This notice demands that the content be removed or face legal consequences.

Seek Legal Action: If the infringing activity continues despite your efforts to stop it, you may need to seek legal action through a copyright infringement lawsuit.

 

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

Identification of works or materials being infringed;

Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Virtual Competitions Online is capable of finding and verifying its existence;

Contact information about the notifier including address, telephone number and, if available, e-mail address;

A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

 

ONCE A VALID INFRINGEMENT NOTIFICATION IS RECEIVED BY THE DESIGNATED AGENT

Upon receiving a valid infringement notification, it is our policy:

to remove or disable access to the infringing material; and

to notify the content provider, member or user that it has removed or disabled access to the material.

 

Please contact Virtual Competitions Online Designated Agent to Receive Notification of Claimed Infringement at rontramntano@virtualcompetitions.net Please include in the subject of the message: DMCA – 1030809 for inclusion into the Copyright Offices Designated Agent Directory. Thank You

 

Below I provide a SAMPLE DMCA TAKEDOWN NOTICE TEMPLATE. You are free to cut/paste and use it as you see fit. You will need to gather the appropriate information specific to your request, which I have designated in red. Please complete the form having found material you know to be your own and possessing a copyright. Please send a copy by FAX to 561-482-1896 and Registered mail: 11435 A West Palmetto Park Rd. Boca Raton, Fl 33428 also to rontramontano@virtualcompetitions.net

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SAMPLE DMCA TAKEDOWN NOTICE TEMPLATE

To Whom It May Concern,

The following information serves to assert my rights and request removal of allegedly infringing web content under the Digital Millennium Copyright Act (DMCA). The following is a report, in good faith, of alleged copyright infringement. I am contacting you as the designated agent for the site upon which the infringing work currently appears. This letter is a Notice of Infringement as authorized in §512(c) of the U.S. Copyright Law.

I am the copyright owner of the works and the following is true and accurate.

1. The original work, for which I claim copyright, appears, with my permission, at the following locations online:

{URLs WHERE YOUR ORIGINAL AUTHORIZED WORK APPEARS}

2. Copies of my original copyrighted work are {attached/included/provided} to assist you in your evaluation and determination.

3. The allegedly infringing {work/text/image} appears at the following location(s) online:

{URLs WHERE INFRINGING WORK IS CURRENTLY LOCATED}

4. My contact information, as copyright holder, is as follows:

{INCLUDE YOUR CONTACT INFORMATION}

5. The information of the alleged copyright infringer is:

{INSERT WHOIS INFORMATION FOR THE SITE YOU ALLEGE IS INFRINGING}

6. I have a good faith belief the use of the above reference copyrighted work(s) that appears on the website for which you are the designated DMCA agent is not authorized by the copyright owner, its agent, or by law.

I declare, under penalty of perjury, this notice is true and correct and that I am the copyright owner entitled to exclusive rights which I allege are being infringed.

Signed this ________ day of ___________, 20_____ in {INSERT CITY, STATE, COUNTY}.

{YOUR SIGNATURE/eSIGNATURE}

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Indemnity

 

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Virtual Competitions, its Affiliates, 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 attorneys fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (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 this Agreement and your use of the Service.

Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by Virtual Competitions. Virtual Competitions has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

 

9.  In short, ADA website compliance means that a website makes the information it holds as accessible as possible to Americans with a range of disabilities. Virtual Competition makes reasonable every effort to comply with Americans with Disabilities Act (ADA)

 

 

About this Agreement

Modifying this Agreement

 

We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. Virtual Competitions will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.

Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Governing Law

All claims arising out of or relating to these terms or the Service will be governed by Florida law, except Florida conflict of laws rules, and will be litigated exclusively in the federal or state courts of Palm Beach County, Florida, USA. You and Virtual Competitions consent to personal jurisdiction in those courts.

Limitation on Legal Action

 

YOU AND VIRTUAL COMPETITIONS 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.