RULES AND AGREEMENT
These Rules and Agreement set forth the terms and conditions that apply to your use of www.mrunitedstates.org, the Mr. United States LLC (MUS) company website. This Agreement applies to the content, materials and services provided to you via the Site, and includes all means by which MUS provides content or services to you or receives content from you, including, without limitation, www.mrunitedstates.org downloadable software applications, delivery of MUS content to you at your request, the mobile website, mobile downloadable applications, services that allow you to submit content to MUS, and blog submission services (“Services”). Many of the Services may currently be accessed via the official MUS website.
The Services are owned and operated by MUS and its affiliated companies and contain material that is derived in whole or in part from material supplied and owned by MUS and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Service, including but not limited to code and software ("Material").
2. Rules and Guidelines
B. Rules for Use of the Service
The following rules apply to all users of the Services and are a condition of your use of and access to the Services. You are responsible for the content of your communications via the Services (“Communications”) and any content or materials you post or otherwise transmit or make available to others.
1) Prohibited Content:
You may not post or transmit any content, including video, audio and text content, software or other material that:
A) Violates or infringes the rights of any third party, including copyright, trademark, privacy or publicity rights;
B) Contains a virus or other harmful component;
C) Encourages or provides instructional activities about illegal activities, in particular accessing unauthorized copyrighted content, hacking, or cracking;
D) Constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
i. You may not resell, redistribute, retransmit, broadcast or transfer Materials or information, “frame,” remove or alter Materials available via the Services, strip out advertisements or embedded code included as part of the Services or content available via the Services, or use or include the information or content derived from the Services in any searchable, machine-readable database or archive;
ii. To the extent MUS makes Materials available via a player or widget or other functionality that may be embedded or featured on your own site or profile, you agree to feature the Materials as provided and not strip or alter any of the encoding or remove the Materials from the player or widget;
iv. You may not attempt to gain unauthorized access to other computer systems or networks connected to the Service or use the Service, the Materials or any information contained therein for any unlawful purpose. MUS in its sole and absolute discretion, shall determine whether any Materials you transmit or receive or your use of the Service violates this provision. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section.
2) User Content
The term "Content" shall include any materials or information submitted by you, including, without limitation, your name, likeness, videos, photographs, recordings, writings, statements, audio materials, audiovisual materials, ideas or other material furnished by you to MUS through the website or otherwise.
ORIGINALITY; RIGHTS: Any Content that you post or upload on this Site must be either (a) an original work by you that does not copy or use other works (such as dialogue from plays, recordings of musical works or clips from other videos, television programs or motion pictures) or (b) Content for which you have all rights and permissions necessary to grant the rights hereunder. In addition, your Content must not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or any contractual rights. Before posting Content, you must have all the rights, licenses, permissions and consents necessary to submit the Content and to grant all of the rights that you have granted to MUS under this Agreement. Before you post content, you must have the express consent of everyone who appears in the Content to submit the Content for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child's parent or legal guardian.
RIGHTS IN CONTENT: By uploading or inputting Content to MUS and the Site you hereby acknowledge and agree that you are granting MUS and their respective licensees, successors and assigns, the perpetual and irrevocable, non-exclusive right and license to: (a) use, copy, create derivative works from, reproduce, distribute, display, exhibit, host, cache, store, archive, index, categorize, comment on, tag, transmit, broadcast, stream, edit, alter, modify, synchronize with visual material, create algorithms based thereon, and transcode the Content to appropriate media formats, standards or mediums; and (b) otherwise use, exhibit and exploit, and sell, license, assign and otherwise transfer to third parties the right to use, exhibit and otherwise exploit the Content (in whole or in part and as altered by MUS in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter devised, including, without limitation, on the MUS website, on other websites, and on all owned and affiliated broadcast and cable networks, as well as in connection with any distribution or syndication arrangement with third parties or third party sites, in any media, format or medium and through any media channels and for any purpose, including, without limitation, downloads, streams, in audio visual recordings, motion pictures, television programs, productions, advertising, promotion and publicity, including, without limitation, advertising, promotion and publicity for, MUS, the Site and other websites, television channel(s) and its programming, and all owned and affiliated broadcast and cable networks and channels and their programming, all without further notice to, consent from or payment to you. You waive any and all "moral rights" you may have in the Content.
Without in any way limiting the foregoing, you acknowledge and agree that MUS, its licensees, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to MUS under this Agreement, and to display any advertising, publicity, promotional materials and distribution rights in connection with your Content. You acknowledge and agree that MUS, its licensees, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your Content. Nothing in this Agreement obligates or may be deemed to obligate MUS or any other person or entity to exercise any of the rights granted by you under this Agreement. MUS and its successors, licensees and assigns, will have the unlimited right to assign this Agreement and the rights granted by you under this Agreement at any time, in whole or in part, to any party.
You grant the rights hereunder whether or not your Content or any part thereof is actually used by MUS. You acknowledge that your consideration for the rights you grant in your Content is the possibility that MUS, its licensees, successors and/or assigns will review or use your Content. You will not receive any further compensation of any kind for your Content or the use thereof, and you agree that MUS, its licensees, successors and/or assigns in their sole discretion, shall have the right to give you no credit or determine in what form to give you credit for any use of your Content. Your Content will not be acknowledged or returned. You acknowledge and agree that your Content is being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between MUS and/or any other person or entity, on the one hand, and you, on the other hand, by your Content of the Content.
In addition to all of the legal and equitable rights and remedies available to MUS in connection with these terms or your Content, you acknowledge and agree that MUS shall have the right, in its sole discretion, not to post the Content on any website, to remove the Content from any website on which it has been posted, and not to use, exhibit or otherwise exploit your Content in any manner whatsoever. Furthermore, MUS shall have the right to suspend or terminate your access to any MUS or related website and refuse to grant you access to use any MUS or related website in the future with or without warning if MUS, in its sole discretion, believes you have: (i) violated or tried to violate the rights of MUS; or (ii) violated or tried to violate any of the representations, warranties or other terms or conditions of this Agreement; or (iii) acted inconsistently with any of the terms or conditions of this Agreement. MUS has no obligation to inform you of any decision not to post, to remove, or not to use, exhibit or otherwise exploit your Content.
You recognize that other persons, including MUS’ own employees, may have submitted to MUS or others, or made public, or may in the future originate and submit, or make public, materials that are similar or identical to your Content. You acknowledge and agree that MUS, its licensees, successors and/or assigns shall have the right to use such similar or identical materials, and that you will not be entitled to any compensation because of MUS or its licensees', successors' and/or assigns' use of such similar or identical materials. Nothing in this Agreement, or your submission of the Content, shall be deemed to place you in any different position from any other member of the public.
USE OF NAME AND LIKENESS: By sending MUS your Content, you consent to the recording, use and reuse by MUS their licensees, successors and assigns, of your voice, actions, likeness, name, appearance, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your Content (collectively, "Personal Elements"), as edited, altered, fictionalized or modified by MUS , in their sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with MUS, the Site, or related websites, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity. You acknowledge and agree that MUS, their licensees, successors and assigns, may use all or any part of your Personal Elements, and may make any changes that any of them may deem necessary, in their sole discretion, including altering, fictionalizing or modifying them regardless of whether or not you are recognizable.
OWNERSHIP: Except as expressly set forth in this Agreement, you shall continue to own all rights in and to the Content. To the extent your Content contains other materials or elements owned by MUS or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the Content will continue to be governed by and may be limited by other applicable laws.
3. Limitation on Liability
IN NO EVENT SHALL MUS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MR. UNITED STATES, MISTER UNITED STATES, the official organizational logo, and the other MUS Marks are trademarks of Mr. United States LLC. All other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of MUS or the owner of such trademark, service mark or trade name.
If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use the Service, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Service; and (c) the consequences of any use of the Service by such Minor. Children under the age of 13 may not register for any Service hereunder.
MUS reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Services, via e-mail or any other reasonable means. Continued use of the Services by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.