By submitting photos and/or videos, you (“You” or “Your”) hereby agree to the following terms of uploading photos/videos (the “Terms”):
TheTorched.com (“TheTorched”) has the right to edit and/or alter any submission (the “Submission(s)”) made by You. TheTorched reserves the right not to use the Submission(s) at all and/or to use as much or as little of the Submission(s) as it chooses, subject to these Terms. TheTorched also reserves the right to use, remove, and/or re-use Your Submission(s) without prior notice as well as the right to store Your Submission(s) – whether then in use or not in use – without any obligation to You to back up Your Submission(s).
By submitting Your videos/photos, for good and valuable consideration, the sufficiency and receipt of which You hereby acknowledge, You hereby grant to TheTorched a non-exclusive, perpetual, worldwide, fully paid and royalty-free, transferable, and sub-licensable, license to edit, telecast, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit in any manner the materials You submit, or any portion thereof, in or in connection with any of TheTorched and any of its affiliates’ websites, programming, platforms and/or applications, and in connection with the promotion, marketing and advertisement of any of the foregoing (the manner, mode and extent of which are subject to change without notice to You), in any manner and in any medium or forum, whether now known or hereafter devised, throughout the world and the universe. You represent and warrant to TheTorched that You have the full legal right, power and authority to grant to TheTorched the license provided for herein, that You own or control the complete Submission(s). This license shall be governed by the laws of the State of California.
You agree that Your Submission(s), and the exercise of the rights granted herein, pursuant to these Terms, does not and will not violate any applicable U.S. or state laws or regulations, or cause a breach of any agreement(s) with any third parties; and that none of the Submissions will infringe any copyright, invade any right of privacy, right of publicity, contain any libelous or slanderous material, or infringe or violate any intellectual property right or other right (including common law rights) of any other person or entity.
By submitting Your Submission(s), You agree to defend, protect, indemnify and hold harmless TheTorched and its parents, subsidiaries, related entities, partners, and each of its and their current and former officers, directors, partners, employees, agents, servants, heirs, administrators, executors, licensees, predecessors, successors, affiliates, subsidiaries, parents, representatives and assigns, jointly and severally, from and against any and all rights, claims, debts, demands, acts, agreements, liabilities, obligations, damages (including, without limitation, consequential and/or punitive damages), costs, fees (including, without limitation, those of attorneys), expenses, actions, and/or causes of action of every nature, character and description, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, in law or equity in connection therewith which arise out of and/or relate to Your Submission(s) and/or TheTorched or any of its affiliated entities’ use and/or loss of Your Submission(s).
You acknowledge that the internet may be subject to breaches of security and that Your Submission(s) may not be secure. You further acknowledge that Your Submission(s) will be non-confidential, and that by submitting Your Submission(s) and/or by the use of Your Submission(s) You are not creating a confidential, fiduciary or other type of special relationship and that Your decision to submit Your Submission(s) does not place Resignation Holdings or any of its affiliated persons or entities in a position different from that held by members of the general public, including with regarding to Your Submission(s).
You agree that TheTorched and/or its affiliated entities display content owned or licensed by such entity (the “TheTorched Content”). You agree that the TheTorched Content is protected by U.S., international and/or common law copyright, Trademark and other laws, and that TheTorched and/or its affiliated entities own and retain all rights in and to the TheTorched Content. The TheTorched Content may not be copied, imitated or used, in whole or in part, whether altered or unaltered, by You without the prior written permission of TheTorched.
By agreeing to these Terms, You warrant and represent that You have full and complete authority to agree to these Terms for Your Submission(s), and that You are acting within the scope of that authority.
Any provision of these Terms which is invalid, illegal, or unenforceable in any jurisdiction shall, solely as to that jurisdiction, be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provisions of these terms invalid, illegal or unenforceable in any other jurisdiction.
Nothing in these Terms shall be construed as a waiver or relinquishment of any right, remedy, or defense possessed by TheTorched or any of its affiliated entities, all of which are expressly reserved.