TERMS AND CONDITIONS

UPDATED AS OF: July 31, 2019

 

The Services (defined herein below) are operated by Mustache Agency, LLC, which has offices at 20 Jay Street, Suite 1100, Brooklyn NY 11201, United States of America, and its affiliates (“Site Operator”). Site Operator’s Services allow you to upload, submit, store, and send User Content (defined herein below) IN ACCORDANCE WITH THE “SUBMISSION RULES” (SPECIFICALLY INCORPORATED INTO THESE TERMS AND CONDITIONS BY REFERENCE https://www.youarethechampions.com/legal/eligibility AND THE “PRIVACY STATEMENT” SPECIFICALLY INCORPORATED INTO THESE TERMS AND CONDITIONS BY REFERENCE  https://www.youarethechampions.com/legal/privacy-policy

 in connection with the Services for Site Operator’s use in its unfettered discretion. 

You retain ownership of any intellectual property rights that you hold in that User Content. In short, what belongs to you stays yours. 

However, when you upload, submit, store, and send User Content to or through our Services, you give Site Operator (and those we work with, to include, without limitation, Google, LLC, YouTube, LLC, Universal Music Investments, Inc, Mass Appeal Media, Inc., War Against Work, Inc., and Queen Productions Limited (the “Service Affiliates”) a royalty-free, perpetual, worldwide license and right to use, host, store, reproduce, modify, create derivative works from, communicate, publish, publicly perform, publicly display, distribute and otherwise exploit such User Content in all media now known or hereafter invented. This license continues even if you stop using our Services. 

If you submit feedback or suggestions about our Services, Site Operator may use your feedback or suggestions without obligation to you.

 

INTRODUCTION.

Please read this Terms and Conditions Agreement (“Terms and Conditions”) carefully, as it constitutes legally binding terms and conditions and applies to your submission of User Content via https://www.youarethechampions.com (“Site”) as well as with respect to the Site Operator’s processing and use of the User Content (the “Services”) and your personal information. The Terms and Conditions do not cover other services or any other corresponding content, features, and/or activities made available by any other company or third party, unless specifically stated.

The Terms and Conditions apply to all users of the Services (“Users”), and by using the Services you expressly understand, acknowledge, and agree that you have complied, and will continue to comply, with these Terms and Conditions and any additional terms and conditions that Site Operator may provide in connection with your use and access to same, including in connection with other products and services we may offer or make available to you.  . If you do not agree to be bound by the Terms and Conditions and to abide by all Applicable Law, you must immediately leave the website and discontinue your use of the Services

 

ELIGIBILITY. 

The Services are not intended for or directed at persons under 13 years of age. By using the Services, you represent, warrant, and covenant that (i) you are 18 years of age or older and are the legal age of majority in the jurisdiction in which you reside (or, if you are submitting on behalf of any individual that is older than thirteen (13) years old but under eighteen (18) years old or the legal age of majority, that you are the minor’s parent and/or legal guardian and have reviewed and agreed to the Site Operator’s “terms and conditions” and are agreeing and returning a copy of the same on behalf of the minor), and (ii) your submission of User Content through the Services does not violate (a) any applicable law, rule, or regulation, or (b) any applicable terms, conditions, or requirements promulgated by any provider of a Third-Party Platform, and (c) all registration information you submit is truthful and accurate, and you shall maintain and promptly update the accuracy of such information.

 

SERVICES. 

Subject to the Terms and Conditions, the Submission Rules https://www.youarethechampions.com/legal/eligibility, and other terms and conditions herein, the Services shall enable you to submit certain User Content. Some of the Services may be dependent on and/or interoperate with third-party owned and/or operated platforms and services (i.e., Google, YouTube, Arcustech, Amazon Web Services, Cloudflare,  MailChimp, Pingdom, New Relic, Termly.io, Instagram, Twitter, Facebook) (each a “Third-Party Platform”), and by using the Services, you agree to comply with any applicable Terms of Service for the respective Third-Party Platform, in each instance. The Services and such Third-Party Platform, in addition to providing application hosting, content distribution, support, and other related services, may provide us with certain additional information about you, which may include, without limitation, your email address, legal name, country of residence, location, date of birth, and other data, as more fully described within each Third-Party Platform. Our access to, use of, and disclosure of such information shall be subject to the terms and conditions hereof, including the Privacy Statement  https://www.youarethechampions.com/legal/privacy-policy which is specifically incorporated into these Terms and Conditions by reference. 

 

ACKNOWLEDGEMENTS.

Site Operator is providing you and other Users with an opportunity to participate in the Services and create, submit, post, display, transmit, or otherwise make available, to include, without limitation, your name, e-mail, likeness, username, videos, photographs, graphics, illustrations, animations, choreography, comments, reviews, links, materials, ideas, opinions, messages, playlists, and other information and communications via the Services, including any number of the aforementioned elements in a Queen tribute performance videos featuring fans performing, or contributing to “Bohemian Rhapsody “Some Kind of Magic” and “Don’t Stop Me Now” (“Tribute Video”)(collectively, “User Content”). When you submit User Content, you will be asked to provide, and verify, information about you and your submission. This may include, without limitation, such things as your name, e-mail, a descriptive title, information about the User Content, your location, your Country of origin, Internet Protocol (IP) address, social media profile name, activity, preferences and/or similar information. You acknowledge and agree that the term “User Content” includes, without limitation, all of the information you submit or we receive that is related to your User Content. You further acknowledge and agree that the User Content is a non-guild production, that the User Content you submit will not be governed by the Screen Actors’ Guild, the Writers’ Guild of America, the Directors’ Guild of America, Producers’ Guild of America, International Alliance of Theatrical Stage Employees or any other guild and/or union in the United States or around the World, and that there will be no payment of any kind due in connection with the submission or any use of your User Content.

 

RESPONSIBILITY. LIABILITY.

You understand, acknowledge, and agree that you are solely and entirely responsible for all User Content that you submit, upload, post, email, display, transmit, or otherwise make available, and for any consequences thereof. You understand that by using the Services, you may be exposed to other people’s User Content, including User Content that may be considered offensive, indecent, or objectionable. User Content does not reflect the views of Site Operator, and Site Operator does not guarantee the accuracy, integrity, quality, or content of any User Content. Under no circumstances shall Site Operator, or any of its affiliates, successor, licensees or assigns, be liable in any way for User Content, including, without limitation, errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content submitted, uploaded, posted emailed, displayed, transmitted, or otherwise made available.

 

USAGE. RESTRICTIONS.

The Services, including, without limitation, all features and functionality relating to User Content, are intended for use by Site Operator in its sole discretion, subject only to any restrictions specifically set forth herein. Site Operator has the unfettered right, but not the obligation, to review any User Content and to delete, remove, move, edit, or reject, without notice to you, for any reason or for no reason whatsoever, any User Content, including, without limitation, any User Content that is deemed to be in violation of the terms and conditions of the Submission Rules and/or these Terms and Conditions or otherwise inappropriate or unacceptable for the Services, as determined by Site Operator in its sole and unfettered discretion in each instance, and Site Operator shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner.

 

LICENSE. USAGE.

In connection with all User Content you submit, post, email, display, transmit, or otherwise make available, you grant Site Operator the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable, sub-licensable, fully paid up, and royalty-free right, license, authorization and permission, in any form or format, on or through any media or medium, with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Content on the Services and any other websites, channels, services, and/or other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit, or other obligation to you. For the avoidance of doubt, the rights, licenses, and privileges described in these Terms and Conditions and granted to Site Operator shall commence immediately upon submission of your User Content and shall continue thereafter perpetually and indefinitely.  For the avoidance of doubt, without limiting the generality of the rights granted to Site Operator, these rights include, without limitation, the absolute right to edit and/or alter any User Content; distribute and synchronize all or any portion of your User Content in timed relation to any other visual elements; to pod-cast, web cast, re-broadcast, re-platform, re-publish, port, link, syndicate, and route to and from all or any portion of your User Content; to encrypt, encode and decode, and compress and decompress all or any portion of your User Content; to edit, mix, merge combine, superimpose, distort, create or add special effects, illusions, illustrations and/or other material to or of all or any portion of your User Content; to create composite, stunt, comic or unusual photographs, illustrations, videos, animations, motion pictures and/or voice reproductions from all or a portion of your User Content; and to excerpt and/or extract portions of your User Content in order to host, store, index, categorize and display your User Content on or through the Platforms.  Site Operator has no obligation to review your User Content or to use your User Content in any manner whatsoever.

 

RIGHTS. REPRESENTATIONS.

Site Operator does not acquire any title or ownership rights in the User Content that you submit and/or otherwise make available. After you submit, post, email, display, transmit or otherwise make available any User Content, you continue to retain any such rights that you may have in such User Content, subject to the rights, licenses, and privileges granted herein. In addition to all representations, warranties and covenants made above, you also represent, warrant, and covenant that: (i) the User Content you are submitting is your original creation and does not contain music, art, graphics, photos, text or film, or any other element owned by others and does not depict any other person, name, and/or likeness without express written consent; (ii) you own the User Content submitted by you or otherwise have the right to grant the rights, licenses, and privileges described in these Terms and Conditions, and to perform and comply with all of the requirements set forth herein with respect to such User Content; (iii) your submission, uploading, posting, emailing, display, transmission, and/or making available of User Content does not violate the Submission Rules and/or these Terms and Conditions or any law, rule, or regulation, or infringe upon, misappropriate, or violate any intellectual property, proprietary, privacy, moral, publicity, or other rights of any party or entity; (iv) you have the legal right and capability to enter into these Terms and Conditions and perform and comply with all of its terms and conditions herein; (v) you have secured, in writing, all requisite third-party rights, including, but not limited to, with respect to any and all individuals, contributions or materials shown, contained in and/or related to the User Content (including the consent of any and all parents and/or legal guardians, appearing in or contributing to the User Content, pursuant to the terms herein), for the avoidance of doubt all requisite third-party rights must be secured, in writing including parental and/or Legal Guardian consents, for each individual that is a part or contributor to a group (i.e. more than one individual participating) User Content submission; and (vi) you hold, and shall continue to hold, all the ownership, license, proprietary, and other rights necessary to enter into, authorize, grant rights, and perform your obligations under these Terms and Conditions, and shall pay for all royalties, fees, and other monies owing to any person or entity by reason of your User Content.

 

PERSONAL INFORMATION.

Site Operator respects your privacy, and the use and the protection of your personal information. In the course of your use of the Services, you may be asked to provide certain personal information to Site Operator. Site Operator’s information collection and use policies with respect to the privacy of such personal information are set forth in the Privacy Statement  https://www.youarethechampions.com/legal/privacy-policy. You must read the Privacy Statement, and we encourage you to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of personal information. 

By participating in and using the Services, you grant the Service Affiliates permission to share your email address and any other personal information with the other Service Affiliates in order to host, cache, store, maintain, use, reproduce, distribute, display, exhibit perform, publish, broadcast, transmit, modify, prepare derivative works of, adept, reformat, translate, and otherwise exploit all or any portion of your User Content and/or the Services.

 

THIRD PARTY SERVICES

Site Operator may provide, or third parties may provide, links to other websites, social media services, applications, resources or other services created and/or maintained by third parties (“Third Party Services”). When you engage with the Third Party Service, you are interacting with the third party, not with Site Operator. If you choose to use or otherwise access or visit a Third Party Service and share information with it, the Third Party Services may use, store and share your data in accordance with the Third Party Service’s privacy policy and your privacy settings on such Third Party Service. In addition, the Third Party Service provided by the third party may use other parties to provide portions of or all of the application or service to you, such as technology, development or payment services. Site Operator is not responsible for the content or practices of any websites other than https://www.youarethechampions.com, even if the website links to the Site and even if it is operated by an affiliated company or company otherwise connected with the Site. Site Operator makes no warranties, express or implied, as to the Third Party Services (including the accuracy and completeness of information supplied or the privacy policy or privacy practices thereof, in each instance). If you decide to access other websites, you do so at your sole and own risk. If, on the Site or as a part of the Services, Site Operator has provided links or pointers to other websites, they are solely as a convenience to you and no inference or assumption should be made and no representation or warranty should be implied that Site Operator is connected with, operates, controls or endorses these websites. When you access other websites or Third Party Services, Site Operator encourages you not to provide any personal information unless you know and are comfortable with the party with whom you are interacting and their privacy policy and privacy practices.

Site Operator takes no responsibility for any third party advertisements which may be posted on the Site or in connection with the Services, nor does it take any responsibility for the goods or services provided by any advertisers.

 

ASSIGNMENT.

These Terms and Conditions, any rights, license, and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Site Operator in its sole and absolute discretion without restriction and without notice to you.

 

INDEMNIFICATION.

You agree to defend, indemnify, and hold the Site Operator harmless from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation of these Terms and Conditions, or (c) your User Content. Site Operator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each case, you agree to fully cooperate with Site Operator upon our request.

 

NATURE OF RELATIONSHIP

You understand and acknowledge that the Site Operator and Service Affiliates have broad access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by Site Operator’s and Services Affiliates’ respective employees. You acknowledge and agree that any number of ideas may be identical or similar to, competitive with, User Content and/or each other in theme, idea, format, choreography, lighting, content, or any other respect. You acknowledge and agree that Site Operator and the Service Affiliates do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to User Content.

 

LIMITATION OF REMEDIES.

You acknowledge and agree that, in the event of a breach of these Terms and Conditions by Site Operator or any third party, the damage, if any, caused you thereby will neither be irreparable nor otherwise sufficient to entitle you to seek or obtain injunctive or other equitable relief.  You acknowledge that your rights and remedies in any such event will be strictly limited to the right, if any, to seek recovery of compensatory monetary (but not punitive or consequential) damages in an action at law, and you will not have the right to seek to rescind or terminate these Terms and Conditions or any of Site Operator’s rights hereunder, nor the right to seek to enjoin the development, pre-production, production, distribution, marketing, promotion, publicity, advertising, exhibition or other exploitation of the Services or any other television program, motion picture, marketing, and/or other production, or any subsidiary or allied rights with respect thereto, nor will you have the right to terminate your services or obligations hereunder by reason of such breach.

 

CONTROLLING LANGUAGE

THESE TERMS AND CONDITIONS, ALONG WITH THE SUBMISSION RULES AND PRIVACY STATEMENT, ARE PREPARED AND EXECUTED IN THE ENGLISH LANGUAGE.  THE ENGLISH LANGUAGE SHALL BE CONTROLLING IN ALL RESPECTS.

 

WARRANTY. DISCLAIMER.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER SITE OPERATOR NOR ITS DISTRIBUTORS, AFFILIATES, SUCCESSORS, LICENSEES AND ASSIGNS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, SITE OPERATOR DOESN’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. SITE OPERATOR PROVIDES THE SERVICES “AS IS”.  SITE OPERATOR MAKES NO WARRANTY THAT THE USE OF THE SITE AND/OR SERVICES WILL BE UNINTERUPPTED; TIMELY; SECURE OR ERROR FREE OR THAT ANY INFORMATION OBTAINED BY YOU, ON, IN CONNECTION WITH, OR THROUGH THE SERVICES OR ANY THIRD PARTY SERVICES (INCLUDING, WITHOUT LIMITATION, USER CONTENT AND THIRD PARTY ADVERTISEMENTS) WILL BE RELIABLE OR ACCURATE. UNDER NO CIRCUMSTANCES WILL SITE OPERATOR BE RESPONSIBLE FOR ANY DAMAGE OR LOSS, INCLUDING WITHOUT LIMITATION TO, PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, RESULTING FROM USE OF THE SITE AND/OR SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION(S) IN CONNECTION WITH USE OF THE SITE AND/OR SERVICES, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE SITE, SITE OPERATOR AND/OR SERVICES, ANY USER CONTENT, THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE POSTED ON, IN CONNECTION WITH, OR THROUGH THE SITE AND/OR SERVICES, OR THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, SITE OPERATOR EXCLUDES ALL WARRANTIES.

YOUR USE OF THE SERVICES, USER CONTENT, THIRD PARTY SERVICES, THIRD PARTY ADVERTISEMENTS AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR OWN RESPOSIBILITY AND SOLELY AT YOUR OWN RISK.

USER CONTENT, THIRD PARTY SERVICES AND THIRD PARTY ADVERTISEMENTS DO NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF SITE OPERATOR.

 

LIABILITY.

WHEN PERMITTED BY LAW, SITE OPERATOR AND SITE OPERATOR’S DISTRIBUTORS, AFFILIATES, SUCCESSORS, LICENSEES AND ASSIGNS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SITE OPERATOR AND ITS DISTRIBUTORS, AFFILIATES, SUCCESSORS, LICENSEES AND ASSIGNS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US, IF ANY, TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, SITE OPERATOR AND ITS DISTRIBUTORS, AFFILIATES, SUCCESSORS, LICENSEES AND ASSIGNS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

 

ABOUT THE TERMS AND CONDITIONS.

If you do not comply with these Terms and Conditions, and Site Operator does not take action right away, this does not mean that Site Operator is giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of the United States and the internal laws of New York, United States of America. without giving effect to any choice of law or conflict of law, rules or provisions that would cause the application of any other Country or State’s laws, will apply to all issues and questions concerning construction, interpretation, validity and enforcement of these Terms and Conditions, the Privacy Statement, and the rights and obligations of Users in connection with the User Content and Services, and any disputes arising out of or relating to these Terms and Conditions or the User Content and Services. All claims arising out of or relating to these Terms and Conditions or the Services will be litigated exclusively in the federal or state courts of New York, New York, United States of America, and you and Site Operator consent to personal jurisdiction in those courts.

We may modify or amend the Terms and Conditions from time to time. When changes are made, we will notify you by making the revised version available on this page (https://www.youarethechampions.com/legal/terms-conditions) and will indicate at the top of this page the date that revisions were last made. Any such modification will be effective upon our posting of new Terms and Conditions. All material modifications will apply prospectively only. You understand and agree that your continued use of the Services after any posted modification to the Terms and Conditions indicates your acceptance of the modification.  If you do not agree to be bound by these Terms and Conditions and to abide by applicable law, as defined below, you must immediately leave the Site and not submit User Content or otherwise use the Services.

Failure, neglect, or delay by Site Operator to enforce the provisions of these Terms and Conditions or its rights or remedies at any time, will not be construed as a waiver of Site Operator’s rights under these Terms and Conditions and will not in any way affect the validity of the whole or any part of these Terms and Conditions or prejudice Site Operator’s right to take subsequent action. No exercise or enforcement by Site Operator of any right or remedy under these Terms and Conditions will preclude the enforcement by Site Operator of any other right or remedy under these Terms and Conditions or that Site Operator is entitled by law to enforce.  If any term, condition, or provision of the Terms and Conditions is found to be invalid, unlawful or unenforceable to any extent, the remaining terms, conditions and provisions, will continue to be valid and enforceable to the fullest extent permitted by law.

 

TAMPERING

ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE ONLINE SUBMISSION OF VIDEOS OR THE OPERATION OF THE SITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SITE OPERATOR ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

 

CONSENT OF PARENT OR GUARDIAN (IF APPLICABLE)

As the parent or guardian of the minor submitting and/or participating in the User Content and Services, I hereby expressly approve and consent to these Terms and Conditions, and confirm the releases, terms and conditions as applies to the submission of User Content with respect to the Site Operator’s Services, and all rights granted by the minor therein.  For good and valuable consideration, I hereby guarantee that the minor shall not at any time disaffirm the Terms and Conditions by reason of the minor’s minority or otherwise and hereby agree to indemnify Site Operator from any and all loss arising from or relating to any claims made by or on behalf of the minor relating to the subject matter of this Terms and Conditions or from any and all loss arising from or relating to the breach of any guarantee(s) made by me as parent and/or legal guardian in agreeing to this parental consent.  The consideration provided for and/or referenced in the Terms and Conditions shall be deemed to be the consideration in full for all rights granted to Site Operator and for all obligations undertaken pursuant to the Terms and Conditions and pursuant to this parental consent, not only by the minor but also by me, the parent and/or legal guardian of the minor.