The providers ("we", "us", "our", “Contenght”) of the service provided by this web site ("Service") are not responsible for any user-generated content and accounts. content submitted expresses the views of their creator/author only.
This Service is only available to users who are at least 13 years old. If you are younger than this, please do not register for this Service. If you register for this Service, you represent that you are this age or older.
All content you submit, upload, or otherwise make available to the Service ("Contenght") may be reviewed by staff members. All content you submit or upload may be sent to third-party verification services (including, but not limited to, spam prevention services). Do not submit any content that you consider to be private or confidential.
You agree to not use the Service to submit or link to any content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws. You are entirely responsible for the content of, and any harm resulting from, that content or your conduct.
We may remove or modify any content submitted at any time, with or without cause, with or without notice. Requests for content to be removed or modified will be undertaken only at our discretion. We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice.
You are granting us a non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish your content in connection with the Service. You retain copyright over the content.
These terms may be changed at any time without notice.
If you do not agree with these terms, please do not register or use the Service. Use of the Service constitutes acceptance of these terms. If you wish to close your account, please contact us.
This is the agreement ("Agreement") between you as either an individual artist or as the legal authorized representative of a group artist ("Creator", or “Viewer”) and Contenght Inc., ("Contenght") concerning the uploading of Creator's audio, visual, audiovisual and other materials (the "Creator Materials" defined below) to the Contenght.com website, Sta.sh and other Contenght mobile applications or any successor(s) websites and/or websites to which the contents in whole or in part of Contenght.com are assigned (together the "Contenght Site(s)") and concerning Contenght's use of Creator Materials on the Contenght Site(s). If Creator is agreeing on behalf of a group artist or a group of artists then each reference to "Creator", or “Viewer” in this Agreement refers to each member of the group or the group as a whole, as the case may be. Creator and Contenght acknowledge the exchange of mutual benefits and promises and other consideration and agree as follows with respect to new submissions of Creator Materials and any former submissions of Creator Materials:
1. Term. The term ("Term") of this Agreement starts on the date that the Creator Materials are initially uploaded to any Contenght Site(s) and continues until either Creator or Contenght terminates this Agreement in writing, with or without cause or by the removal of Creator Materials for the purpose of termination all subject to the survival of certain undertakings in this agreement set out in paragraph 15 (f), below:
a) To the extent this Agreement is terminated by Creator, the rights granted in this Agreement will terminate only after Creator has removed all of his or her Creator's Materials from the Contenght Site(s) excluding those Creator Materials that cannot be removed by Creator (e.g. comments posted to Contenght), and Contenght has received notice of the removal. If this Agreement is terminated by Contenght, this Agreement will terminate when Contenght removes Creator's Materials from the Contenght website excluding comments posted to Contenght by Creator. If the Agreement is terminated in these ways, the parties agree to cooperate in providing an orderly termination of the relationship.
b) The Creator can selectively terminate this agreement with respect to any individual work posted by Creator to Contenght by removing the posted work from Contenght and this selective termination with respect to an individual work will become effective when Contenght receives notice of the removal. Contenght provides a removal function with respect to individual works posted by the Creator and the proper use of this function shall serve as notice of removal. If the Agreement is terminated with respect to individual work in this way, the parties agree to cooperate in providing an orderly withdrawal of the work to the extent it has been licensed to third parties under this agreement or to the extent that Creator has placed the work in the Print program or similar commercial efforts within Contenght Sites.
2. Ownership. Creator at all times retains all right, title, and interest in and to the Creator Materials provided by Creator hereunder (including, without limitation, the copyrights in and to the Creator Materials), subject to the non-exclusive rights in the licenses granted to Contenght under this Agreement. The Creator is free to grant similar rights to others during and after the Term of this Agreement.
3. License To Use Creator Materials. As and when Creator Materials are uploaded to the Contenght Site(s), Creator grants to Contenght a worldwide, royalty-free, non-exclusive license to do the following things during the Term:
a) to prepare and encode Creator Materials or any part of them for digital or analog transmission, manipulation, and exhibition in any format and by any means now known or not yet known or invented;
b) to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Creator Materials, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented ;
c) to modify, adapt, change or otherwise alter the Creator Materials (e.g., change the size) and use the Creator Materials as described in Section 3(b); and
d) the right to sublicense to any other person or company any of the licensed rights in the Creator Materials, or any part of them, subject to the terms and conditions of this Agreement.
e) Creator acknowledges that Creator will not have any right, title, or interest in any other materials with which Creator Materials may be combined or into which all or any portion of Creator Materials may be incorporated.
f) During the Term, Contenght's licenses under this Agreement include the right to use any part of the Creator Materials in the promotion, advertising or marketing of the Contenght Sites.
g) As used in this Agreement, the term "Creator Materials" means any content uploaded to the Contenght Site(s) which may include without limitation Creator's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, audio-visual materials, artwork, liner notes, and other graphical, textual, video, film or audio materials and any and all "skins," computer-generated images or other artwork or images that Creator submits to Contenght in any medium or format whatsoever.
4. Name and Likeness. Creator also grants to Contenght:
a) a worldwide, royalty-free, non-exclusive license to use Creator's name(s), group name, photograph and/or likeness(es) and biographical materials in connection with the distribution, exploitation, promotion, marketing and advertising of the Creator Materials, and the Contenght Site(s)as described hereunder, during the Term;
b) Creator also agrees not to assert against Contenght any privacy, publicity, moral or similar rights held by Creator and on behalf any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the Creator Materials. Creator also agrees that any persons other than Creator appearing recognizably or otherwise in Creator Materials will not assert of any privacy, publicity, moral or similar rights) under the laws of the United States and any other country in connection with the exploitation of the materials as described in this Agreement; and,
c) To the extent that the Creator Materials contain the name(s), group name, photograph and/or likeness(es) and biographical materials of any other person, Creator hereby grants to Contenght a worldwide, royalty-free, non-exclusive license to use them in connection with the distribution, exploitation, promotion, marketing and advertising of the Creator Materials, as described in this Agreement, during the Term.
5. Limitation Of Rights The rights and licenses granted to Contenght under sections 3 and 4 of this Agreement require Contenght to obtain Creator consent before Contenght makes any commercial agreement with anyone else to separately buy, license, re-sell or re-publish or commercially use any Creator Materials not in association with Contenght but as an individual work of art or as a group of works from a single Creator in isolation from any other works. No additional consent is required for any other licensed uses under this Agreement of Creator Materials either as part of the Contenght Site(s) or in connection with the distribution of content groups from the Contenght Site(s) and/or for uses of the Creator Materials made at the discretion of a visitor to the Contenght Site(s) or other users under agreements with Contenght. Contenght will contact Creator in writing about any individual commercial uses of Creator Materials instigated by Contenght.
6. Payment Unless otherwise agreed between Creator and Contenght in a writing from Contenght, the license granted to Contenght under this Agreement is royalty-free.
7. Representations and Warranties. Creator represents and warrants that:
a) Creator has the full right and power to enter into and perform this Agreement and to grant Contenght all rights to use the Creator Materials as contemplated in this Agreement, including, without limitation, the license grants in Sections 3, 4 and 5,
b) Creator has obtained all necessary third-party consents, rights, licenses, and permissions if any, required for Creator to enter into and perform this Agreement and to grant Contenght the rights to use the Creator Materials set out in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used in the Creator Materials),
c) the Creator Materials (and Contenght's use of them under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party,
d) all information that Creator has provided or will provide to Contenght is true and complete,
e) the Creator Materials do not and will not violate any law, statute, ordinance or regulation,
f) the Creator Materials do not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws,
g) the Creator Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of Contenght or any third party, and
h) if Creator or any member of Creator's group is a minor, Creator hereby warrants that Creator has the legal right to execute this Agreement on behalf of the minor artist and guarantee such a person's performance of the terms of this Agreement. These warranties shall survive any termination of this Agreement.
i) The use of the video services by you may require that you receive a license to use certain patents from MPEG-LA (the "License"). It is your own exclusive responsibility to decide whether your activity requires a License and to obtain it. Information about the License can be obtained from MPEG LA L.L.C. at http://www.mpegla.com.
8. Third-Party Payments. Creator is responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Creator Materials.
9. Indemnity. Creator agrees to defend, indemnify, reimburse and hold Contenght and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorney's fees, costs, and expenses and court costs) arising out of or related to:
a) Creator's use of the Contenght Site(s);
b) any breach or alleged breach of Creator's representations and warranties and/or any breach, alleged breach or violation of the notices, terms, and conditions of this Agreement; and
c) Creator's violation or alleged or threatened violation of any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of Creator Materials as provided in this Agreement
10. Contenght's Performance. Creator acknowledges and agrees that the operation of the Contenght Site(s) may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Contenght will not be responsible to Creator or others for any interruptions, errors or problems or even for an outright discontinuance of the Contenght service. There are no assurances whatsoever that any of the Creator Materials or any part or element of Creator materials will actually be used on the Contenght Site or if used will continue to be available for any particular time. Contenght has the right, in Contenght's sole and absolute discretion, to remove from the Contenght Site(s) at any time the Creator Materials or any part of them and/or to revoke any sublicense granted by Contenght to any affiliate or unaffiliated third party. Notwithstanding the foregoing, Contenght does not control the content of the Creator Materials and does not have any obligation to monitor the content of the Creator materials for any purpose or reason. Creator acknowledges that Creator is solely responsible for all content submitted to the Contenght Site(s) by Creator. The Contenght Site may be discontinued at any time, with or without reason and all Creator materials uploaded to Contenght may be removed and unavailable for recovery by any means. Creator and only Creator is responsible for maintaining at Creator's expense and in facilities owned or controlled only by Creator any and all original materials or so-called back-up copies of all or any part of the Creator Materials.
11. No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Contenght DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
a) UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE Contenght SITE, AND
b) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE Contenght SITE AND ANY SERVICES PROVIDED BY Contenght HEREUNDER. IN ADDITION, ALTHOUGH Contenght INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE Contenght SITE(S), AND WHETHER OR NOT Contenght IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, Contenght DOES NOT WARRANT THAT THE Contenght SITE(S), ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE Contenght SITE(S) IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
12. No Liability for Third-Party Use. Contenght DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE ARTIST MATERIALS MADE AVAILABLE ON THE Contenght WEBSITE BY THE ARTIST PURSUANT TO THE TERMS OF THIS AGREEMENT. ARTIST SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF ARTIST MATERIALS BY A THIRD-PARTY, AND NOT FROM Contenght. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS ARTIST MATERIALS FROM Contenght (WHETHER OR NOT WITH Contenght'S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED BY THE LICENSES GRANTED UNDER THIS AGREEMENT ARTIST WILL SEEK REDRESS OR RECOVERY FROM THE OTHER PERSON AND NOT FROM Contenght, AND THAT ARTIST WILL NOT HOLD Contenght RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
13. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL Contenght, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT DEVIANT ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE Contenght SITE(S). IN NO EVENT SHALL Contenght'S TOTAL LIABILITY TO ARTIST UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $5. THE PARTIES ACKNOWLEDGE AND AGREE THAT Contenght HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS AGREEMENT, WHICH ALLOCATE THE RISK BETWEEN ARTIST AND Contenght, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
14. Copyright and Trademark Notices. Contenght, the Contenght logos and mascots, and the layout and design of the Contenght Site(s), among other marks that may appear on the Contenght Site(s) are trademarks of Contenght Inc., LLC (the "Contenght Marks"). Other trademarks and service marks on the Contenght Site(s) may be the property of the advertisers, content partners and/or providers, or other third parties. Creator may not use any of the Contenght Marks without Contenght's prior written permission, and Creator may not use any third-party marks without the third party's prior written permission.
a) Governing Law; Jurisdiction. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF OHIO WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN COLUMBUS, OHIO, AND ARTIST AND Contenght BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.
b) Assignment. Contenght shall have the right to assign this Agreement in whole or in part to any person or business entity. The Creator may not assign Creator's rights or delegate the Creator's obligations under this Agreement without the prior written consent of Contenght.
c) Notice. All notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to Contenght Inc., LLC, P.O. Box 123, Columbus, OH 43224, ATTN: Legal Department. Communications shall be deemed received:
1. for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by Federal Express or another reputable overnight courier service, on the date of receipt or refusal as indicated on the return receipt;
2. for Communications sent by personal delivery, on the date of personal delivery; and
3. for Communications sent by facsimile, upon transmission subject to telephone confirmation of receipt.
4. No other form of notice shall be accepted under this Agreement, other than the electronic notification for individual works under the circumstances specifically described in 1(b).
d) Entire Agreement. This Agreement sets forth the entire understanding and agreement of Creator and Contenght as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter.
e) Modification. Contenght reserves the right to amend the terms of this Agreement from time to time in its sole discretion. Contenght will notify the Creator of any material changes to this Agreement by sending an email to the address listed in Creator's account. If Creator continues to upload Creator Materials after being notified of the changes to the Agreement, Creator will be deemed to have accepted those changes and the new terms of the Agreement will govern all prior and future submissions of Creator Materials. If the Creator does not accept the new terms of the Agreement, Creator's only and exclusive remedy will be to terminate this Agreement. Otherwise, this Agreement may be changed only by a writing signed by both parties that specifically refers to the parties' intent to amend this Agreement.
f) Survival. The provisions of Sections 1, 3(e), 4(b) 5, 6, 7, 8, 10, 11, 12, 13, 14 and 15 shall survive any termination of this Agreement. In addition, any sub-licenses granted to third parties for the display of Creator Materials on electronic or other devices pursuant to Section 3 shall survive any termination of this Agreement for such reasonable time as may be necessary to withdraw Creator Materials from the particular license; any use of Creator Materials pursuant to Section 3 with respect to the making of so-called backup copies or caching of Contenght Sites or any equivalent activity or function for general site maintenance and protection shall survive any termination of this Agreement; and, Creator Materials consisting of comments posted to Contenght will remain as part of the Contenght database and available to all users of Contenght Sites following termination of this Agreement.