Terms & Conditions
EMSResponder.com Video Network Additional Terms of Service (“Additional Terms”)
1. ACCEPTANCE OF EMSResponder.com TERMS
Welcome to the EMSResponder.com Video Network ("EMSResponder.com Video Network"). Your use of the EMSResponder.com Video Network is subject to these Additional Terms and supplement the EMSResponder.com Terms of Service ("TOS") located at URL incorporated by reference. EMSResponder.com reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by reference. You can always find the most recent version of these Additional Terms at URL and the most recent version of the TOS at the URL indicated above.
2. DESCRIPTION OF SERVICE
The EMSResponder.com Video Network provides functionality that allows EMSResponder.com users who have a valid EMSResponder.com ID (”You”) to upload video content (”Video Content”) to be hosted by EMSResponder.com and to be indexed and crawled by EMSResponder.com’s Video Search technology for public display on EMSResponder.com’s network of properties, including without limitation, EMSResponder.com Video Search, and on EMSResponder.com’s syndicated third party sites, and for the public posting, viewing and sharing of the Video Content with others. You expressly acknowledge and agree that the EMSResponder.com Video Network is a public service, that once You submit Your Video Content for inclusion into the EMSResponder.com Video Network, it will be accessible by others, and that there is no confidentiality or privacy with respect to Your Video Content. Further, You agree and acknowledge that Your user profile and Video Content submitted to EMSResponder.com Video Network may appear on local EMSResponder.com Video sites in other countries. There is no cost to You to submit Your Video Content.
3. PROHIBITED CONTENT AND CONDUCT
By submitting Your Video Content, You agree:
a. that You own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights (”Rights”) to the Video Content, and any audio, music, or other works of art that You incorporate into Your Video Content, and to authorize EMSResponder.com to use the Video Content and include the Video Content in the EMSResponder.com Video Network in the manner contemplated in these Additional Terms.
b. that You have the written consent, release, and/or permission of each and every identifiable individual person in Your Video Content to use such person’s name or likeness for use and inclusion in the EMSResponder.com Video Network in the manner contemplated in these Additional Terms.
c. not to include any Video Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
4. SUBMISSION OF VIDEO CONTENT TO EMSResponder.com
You retain ownership to the Video Content You submit for inclusion into the EMSResponder.com Video Network. However, by submitting Your Video Content to EMSResponder.com, You hereby grant EMSResponder.com the following worldwide, royalty-free, non-exclusive, sublicensable and transferable rights and licenses:
a. to host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode the Video Content to appropriate media formats, standards or mediums as part of the EMSResponder.com Video Network;
b. to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display the Video Content on the EMSResponder.com Video Network or on any EMSResponder.com property, including in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels; and
c. to use Your Video Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute Your Video Content in any media format or medium and through any media channels.
By submitting Your Video Content for inclusion into the EMSResponder.com Video Network, you also grant the following use of and rights to Your Video Content to others: (i) the non-exclusive license to access Your Video Content through the EMSResponder.com Video Network; (ii) the ability for EMSResponder.com registered users (”EMSResponder.com Users”) to rate, review, comment on and tag Your Video Content; (iii) the ability to embed EMSResponder.com’s video player with Your Video Content on their web site; (iv) the ability for EMSResponder.com Users to send and distribute Your Video Content via E-mail or Instant Messenger; (v) the ability to access Your Video Content via EMSResponder.com’s web service APIs or via RSS or any similar XML or related feeds; and (vi) the non-exclusive license to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform Your Video Content as permitted through the functionality of the EMSResponder.com Video Network and under these Additional Terms and the TOS.
The foregoing licenses granted by You shall terminate once You remove or delete Your Video Content from the EMSResponder.com Video Network.
5. ADVERTISING RIGHTS
EMSResponder.com reserves and has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with Your Video Content and EMSResponder.com will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. Nothing in these Additional Terms obligates or may be deemed to obligate EMSResponder.com to sell, license or offer to sell or license any advertising, promotion or distribution rights.
6. INDEMNITY
You agree to indemnify and hold harmless EMSResponder.com, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of and access to the EMSResponder.com Video Network, Your violation of the TOS or these Additional Terms, Your violation of any rights of another person or entity, or Your violation of any applicable laws or regulations.
7. EMSResponder.com’s RESERVATION OF RIGHTS
In addition to all other legal remedies available to EMSResponder.com, You acknowledge that EMSResponder.com has the right to remove Your Video Content from the EMSResponder.com Video Network or refuse to include Your Video Content in the EMSResponder.com Video Network, suspend or terminate Your EMSResponder.com account or refuse to grant You access to any current or future use of the EMSResponder.com Video Network or any EMSResponder.com service with or without warning if EMSResponder.com, in its sole discretion, believes You have: (i) violated or tried to violate the rights of EMSResponder.com or others; or (ii) violated or tried to violate or acted inconsistently pursuant to these Additional Terms or any other terms of the TOS.
8. INVALIDITY OF SPECIFIC TERMS
If any provision of these Additional Terms or any document incorporated by reference 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 such documents remain in full force and effect
9. LOCATION OF LAWSUIT
The TOS, which apply to Your use of the EMSResponder.com Video Network, provide that both You and EMSResponder.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fort Atkinson, Wisconsin, USA.