Submissions License
Each Eligible Nominated Charity will have the opportunity to post one (1) video, up to five (5) photos, it’s Mission Statement, and other miscellaneous content ("Submission(s)") as instructed by Chase. Each Submission will remain the property of the respective Eligible Nominated Charity who will have sole responsibility and liability for any claims related to those Submissions. However, each Eligible Nominated Charity grants Chase and its affiliated companies a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid right and license: (a) to make, have made, use, copy, reproduce, modify, and create derivative works of any Submissions provided by Charity through the Programs, (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell and sell, rent, lease, or lend copies of the Submissions (and derivative works thereof), and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. Additionally, each Eligible Nominated Charity consents to the use of his/her/its name, statements, photographs, videos, voice recordings and likenesses for publicity purposes, as well as any other purpose associated with the Programs. Each Eligible Nominated Charity agrees such grant and consent is without restrictions or additional compensation or permission of any kind.
Submissions - Charity Profile Pages
Unless otherwise indicated by Chase, Eligible Nominated Charities may edit and post content (as outlined above) on their designated Charity page within the Program’s Facebook application ("Charity Profile Page") beginning on August 6, 2012 at 12:00:01 a.m. ET until 11:59:59 p.m. ET on September 14, 2012. After this time, the ability to edit content may be limited or unavailable. An Eligible Nominated Charity choosing to update its Charity Profile Page will be permitted to do so through one dedicated administrator. Each administrator may be required to provide information sufficient to show that he/she is the authorized representative for the applicable Eligible Charity.
Submissions Warranties
In addition to meeting the specifications listed at the time of submission, each Eligible Nominated Charity represents and warrants that he/she/it will not post, or submit for posting, any content not in English or content referencing, facilitating, containing or using, Prohibited Content. "Prohibited Content" includes, but is not limited to, content that, Chase, in its sole and absolute discretion determine, violates these Program Rules or any applicable law, as well as:
That which promotes, suggests or encourages:
·Gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
·The use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products;
·The taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government.
Or otherwise contains:
·Obscene, defamatory, libelous, slanderous and/or unlawful content;
·Content that infringes upon, or otherwise violates, the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights;
·Content that is deceptive or fraudulent;
·Hate speech, or other discriminatory, disparaging or denigrating content, whether directed at an individual or a group, and whether based upon race, age, gender, disability, sexual orientation, ethnicity, religion, political orientation, national origin, citizenship, ancestry, marital status, veteran status or mental or physical disability or condition;
·Content that disparages, denigrates, or uses adversarial or confrontational tactics to impact a product, service, person, industry, or organization including, but not limited to, Chase or participants in the Programs;
·Content the primary purpose of which is to advance a religious denomination, expand membership or encourage conversion;
·Content advancing a particular political party or candidate or supporting lobbying for any particular party or candidate, or expanding or encouraging a membership or a particular political party, candidate or lobbying effort;
·Content inconsistent with these Program Rules; or
·Unsportsmanlike conduct.
Submissions Disclaimers
CHASE RESERVES THE RIGHT, BUT IS NOT OBLIGATED, TO REVIEW, REJECT AND/OR REMOVE SUBMISSIONS AT ANY TIME AS IT DEEMS APPROPRIATE IN ITS SOLE DISCRETION AND THAT THERE MAY BE A DELAY IN POSTING SOME SUBMISSIONS AS A RESULT. CHASE DOES NOT ENDORSE OR GUARANTEE THE ACCURACY OF, AND SPECIFICALLY DISCLAIMS ALL LIABILITY FOR, ALL SUBMISSIONS, INCLUDING POSTS MADE BY ELIGIBLE CHARITIES WHO ARE NOT AUTHORIZED ADMINISTRATORS OF THIS SITE. THE SUBMISSIONS ARE NOT EDITED BY CHASE NOR DO THEY NECESSARILY REPRESENT OR REFLECT THE VIEWS OR OPINIONS OF CHASE.
Trademarks
In consideration of an Eligible Nominated Charity participating in the Programs, Chase grants to the Eligible Nominated Charity a nonexclusive, non-transferable, revocable license ("Trademark License") to use any Programs "banners," and the trademarks embedded within those "banners," found on the Eligible Nominated Charity Profile Page within the Programs application or websites, but solely in conjunction with its participation in the Programs in accordance with these Program Rules. The Trademark License shall terminate immediately upon notice from Chase or upon the termination of the Eligible Nominated Charity's participation in the Programs, whichever occurs first. Eligible Nominated Charities shall not incorporate any trademarks of Chase, any derivative of those trademarks or any mark which is similar to any Chase trademarks, into Eligible Nominated Charity's name, and shall not use any Chase trademark or any mark similar to any Chase trademark, in the promotion of any products or services other than in the promotion of the Eligible Nominated Charity's participation in the Programs. Notwithstanding anything in these Program Rules to the contrary, Chase, at any time in its sole discretion, may modify or eliminate the "banners" subject to the Trademark License, or limit or terminate the Trademark License, with or without cause.
Title and ownership to Chase's marks, including, but not limited to, trademarks, domain names, logos as well as any other branding element of Chase shall remain with Chase. Except as otherwise provided in these Program Rules, no right or license is granted to any third party as it relates to any copyright, patent, or trademark of Chase.
Warranties and Disclaimers
Eligible Nominators, Eligible Voters, and Eligible Nominated Charities represent and warrant that anything submitted through the Programs does not: (a) infringe on the intellectual property rights of a third party; (b) contain confidential information that violates any obligation of confidentiality; (c) contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way; and (d) contain information that is unlawful, inappropriate, slanderous, libelous, defamatory, disparaging discriminatory, indecent, obscene, hateful or tortuous. Furthermore, Eligible Nominators, Eligible Voters, and Eligible Nominated Charities represent and warrant each have not and will not take any action that interferes with the rights granted to us under these Program Rules.
THE PROGRAMS MAY CONTAIN TECHNICAL AND OTHER ERRORS AND LIMITATIONS AND IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CHASE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS IT RELATES TO THE PROGRAMS. THE ENTIRE RISK AS IT RELATES TO THE PROGRAMS IS ASSUMED BY NOMINATORS, VOTERS AND CHARITIES.