ACCEPTANCE OF TERMS
Certain products or services offered by this Site may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
CONTENT ON THE SITES
Access to Content. This Site and the content and materials contained on this Site (collectively, “Content”) are protected by copyrights, patents, trade secrets or other intellectual property and proprietary rights under the laws of the United States and other countries. You may not use this site for any purpose that is unlawful or prohibited by this Agreement and/or any applicable Additional Terms. Your access to this site may be terminated immediately in Cosgrove Meurer Productions, Inc.’s sole discretion, with or without notice, if you fail to comply with any provisions of this Agreement and/or Additional Terms, or for any other reason, or for no reason.
User Content. By uploading any photographs, videos, and/or written materials including, without limitation, captions and stories (collectively, “Your User Content”), you represent, warrant, and covenant that:
- You wholly-own Your User Content or have the sole and exclusive right to permit Unsolved Mysteries and unsolved.com to use, edit, publish and otherwise exploit Your User Content and your name in connection with Your User Content without obligation or liability to you or any other party whatsoever. We may require “reasonable proof of ownership” of the content you submit.
- You grant to CMP the non-exclusive, irrevocable and unconditional right to describe, relate, publish and/or exploit Your User Content in such manner as CMP shall elect, in whole or in part, on CMP’s Sites and in print and electronic form or in any other media now or hereafter known or devised (including without limitation, books), and in related products and services in connection with any exploitation thereof (including but not limited to clothing, bumper stickers, mugs, toys, posters and other printed materials, and any related promotion and advertising of such items), throughout the universe in perpetuity, and in any advertising, promotion and publicity related thereto in all media now existing or to come into existence in the future. You agree that CMP shall have the right to edit, change, add to, take from, rearrange, vary, embellish, alter, modify, revise, translate, reformat and/or reprocess Your User Content in any manner CMP may in its sole discretion determine and to use them as CMP in its sole discretion may determine and to make derivative works of the same, in whole or in part, or not to use any of Your User Content, without notifying you and without obligation to you; and you waive any right to inspect or approve the final display or other exploitation of Your User Content now or in the future, whether that use is known to you or unknown, and you waive any right to royalties or any other compensation arising from or related to the use of Your User Content. You waive any right to sue even if what you feel was created was defamatory.
- You give CMP the right to make visual and audio recordings of you, and you give CMP the irrevocable right to use such recordings as well as your name, voice, appearance, activities and experiences in connection with the website unsolved.com. Such use includes promotions, publicity and advertising.
- You have the right to enter into this Agreement and to grant, without the consent of any third parties, all the rights herein granted; that you have not exclusively granted or assigned or otherwise transferred such rights to any third parties; and that there are no claims, litigation or other proceedings pending or threatened which could in any way impair, limit, or diminish the rights granted to CMP hereunder.
- You, on behalf of yourself, your successors, heirs, representatives and assigns, will not assert a claim or maintain an action or suit and will not consent to the assertion or maintenance by others of any claim, action or suit (including, but not limited to claims, actions or suits for invasion of your rights of privacy, rights of publicity, defamation or rights in the nature of “droit moral”) of any kind on account of the exercise by CMP of any of the rights herein granted or agreed to be granted to CMP.
- If any minors appear in Your User Content, you are the mother, father or duly appointed guardian of such minors or have the irrevocable permission of the parents or duly appointed guardian(s) of such minors to grant the rights set forth herein to CMP on behalf of such minors.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
For questions regarding Unsolved’s compliance with the Digital Millennium Copyright Act, or if you are a copyright owner or an agent thereof and believe that any Content on this Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act by following the steps listed in our DMCA policy.
You shall indemnify and defend, and hold CMP and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners harmless from and against any and all liability, losses, damages, costs, expenses (including but not limited to attorneys’ fees), judgments and penalties arising out of, resulting from, based upon or incurred because of the breach of any warranty, representation or agreement made by you hereunder (including, without limitation, with respect to any claims that you lack the authority to grant all of the rights (including rights of third parties and minors) herein granted). You agree that you will have no rights to terminate or rescind any rights granted to you hereunder or to enjoin the publication, production, exhibition or distribution or exploitation of any work based thereon.
YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR OWN RISK. THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CMP DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT WILL CMP BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR USE OF YOUR SITES OR CMP’S REMOVAL FROM YOUR SITES OF, OR DISCONTINUATION OF ACCESS TO, YOUR USER CONTENT. WITHOUT LIMITING THE FOREGOING, YOUR SITES AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CMP DOES NOT NOW AND SHALL NOT IN THE FUTURE HAVE ANY DUTY OR LIABILITY, DIRECT OR INDIRECT, VICARIOUS, CONTRIBUTORY, OR OTHERWISE, WITH RESPECT TO THE INFRINGEMENT OR PROTECTION OF YOUR INTELLECTUAL PROPERTY RIGHTS, IF ANY, WITH RESPECT TO ANY SUBMISSION OF USER CONTENT.
DISPUTE RESOLUTION; BINDING ARBITRATION
Choice of Forum. You agree that any cause of action you or Cosgrove Meurer Productions, Inc. brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this Site and/or the Privacy Statement, shall be submitted to arbitration in the County of Los Angeles, State of California, United States of America in accordance with the commercial rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, who shall be a retired judge, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence.
The arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any other agreements you may enter into with CMP, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. Each party expressly waives any right to a jury. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction.
This agreement shall bind your heirs, administrators, representatives, executors and assigns forever. You shall have the right to assign any or all of your rights hereunder to any person, firm or entity in your sole discretion. You may not assign this agreement to any third party, and any purported attempt to do so shall be deemed null and void ab initio.
Applicable Law and Venue. This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
No Waiver. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Provisions Severable. If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.
Notices. You agree to receive notices via the email address that you provided via the CMP Site.
Site Operations. This Site is governed by and operated in accordance with the laws of United States of America. Cosgrove Meurer Productions, Inc. makes no representation that this Site is governed by or operated in accordance with the laws of other nations.
Entire Agreement. This Agreement incorporates the following agreements and policies by reference:
Except as set forth above, links to pages on the CMP Site or any third-party materials are for convenience only and do not form part of this Agreement. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Cosgrove Meurer Productions, Inc. with respect to the use of this Site and shall not be modified except in writing, signed by an authorized representative of Cosgrove Meurer Productions, Inc. Any changes will be posted to the CMP Site and will apply prospectively.
For questions regarding this Agreement or complaints about content, including complaints arising state or federal law involving the Unsolved Site, please contact us at:
Attn: Data Protection Officer
4303 W. Verdugo Ave.
Burbank, CA 91505