Community Upload Guideliness

1. INTRODUCTION

Welcome to Clicks.video ("Platform," "we," "us," or "our"). Clicks.video provides users ("you," "user," "users") with the ability to create, upload, and distribute custom avatars, voices, and User-Generated Content ("UGC") for use in digital advertisements, marketing materials, and other media.

By choosing to upload any content, including but not limited to digital likenesses, avatars, voices, names, images, or other identifiable elements of a person ("Creator Content"), you explicitly agree to the following legally binding terms, conditions, and obligations as set forth in these Community Upload Guidelines ("Guidelines").

Failure to comply with these Guidelines may result in, without limitation, removal of content, suspension or termination of your access to the Platform, legal action, and/or liability for damages as determined in our sole discretion.

2. REPRESENTATIONS AND WARRANTIES

When you upload or submit Creator Content to Clicks.video, you represent, warrant, and covenant that:

  1. Legal Rights to Use and Upload:
    • You are the rightful owner of, or have obtained all necessary legal rights, licenses, consents, permissions, waivers, and authorizations to use, distribute, and upload the Creator Content in connection with the Platform.
    • You have full legal authority to grant Clicks.video all rights detailed in these Guidelines, without restriction or encumbrance.
  2. Third-Party Rights:
    • If the Creator Content contains, depicts, includes, or references any third-party individual, including but not limited to their name, image, voice, likeness, or any other identifying feature, you must have secured explicit written permission from such third party prior to uploading their content to the Platform.
    • You agree to maintain and, upon request, provide verifiable proof of such permission to Clicks.video.
  3. No Violations of Intellectual Property, Publicity, or Privacy Laws:
    • The Creator Content does not infringe upon, misappropriate, or otherwise violate any applicable copyright, trademark, trade secret, right of publicity, right of privacy, contract, or any other proprietary or personal rights of any third party.
    • The Creator Content complies with all applicable laws and regulations, including but not limited to digital media laws, intellectual property laws, and privacy laws in the jurisdiction(s) where the content is uploaded, displayed, or accessed.

3. PUBLIC AVATARS & CONTENT DISTRIBUTION

  1. Public vs. Private Content Selection:
    • When uploading Creator Content, you will be provided with an option to designate the content as Public or Private.
    • If you select Public, you expressly acknowledge and agree that Clicks.video, its users, partners, affiliates, and licensees may:
      • Use, share, distribute, modify, display, reproduce, and publicly perform the Creator Content across any media or format, including but not limited to advertisements, digital campaigns, and social media.
      • License and sublicense the Creator Content to third parties for commercial and non-commercial purposes.
    • If you select Private, your Creator Content will not be made publicly available by Clicks.video unless explicitly shared by you. However, Clicks.video may still process and store the content in accordance with its Terms of Service and Privacy Policy.
  2. Irrevocability of Public Content:
    • Once Creator Content is designated as Public, you acknowledge that it may be difficult or impossible to remove from the Platform or third-party distributions.
    • Clicks.video assumes no liability for the continued use of previously public Creator Content that has been shared, copied, or stored by third parties.

4. DMCA REPORTING & TAKEDOWN PROCEDURE

  1. Unauthorized Content & Reporting:
    • If you believe that Creator Content has been uploaded to Clicks.video without proper authorization, you may file a Digital Millennium Copyright Act (DMCA) Takedown Request through our DMCA Takedown Form.
    • Clicks.video reserves the right to remove any content in its sole discretion if it determines, or has reason to believe, that the content violates these Guidelines, applicable laws, or the intellectual property rights of any third party.
  2. Content Removal & Account Actions:
    • Clicks.video may, in its sole discretion, suspend or permanently terminate the account of any user found to be repeatedly uploading unauthorized content.
    • Users who submit fraudulent or bad-faith DMCA requests may be subject to legal consequences, including but not limited to account termination and potential civil liability.

5. INDEMNIFICATION & LIMITATION OF LIABILITY

  1. Your Responsibility & Legal Liability:
    • You assume full responsibility for any legal claims, disputes, damages, or liabilities arising from the Creator Content you upload.
    • You agree to indemnify, defend, and hold harmless Clicks.video, its officers, directors, employees, affiliates, partners, service providers, successors, and assigns from and against any and all claims, losses, damages, liabilities, costs, or expenses (including legal fees) resulting from:
      • Your breach of these Guidelines;
      • Any claim that the Creator Content infringes upon any third party’s rights;
      • Any unauthorized, improper, or unlawful use of Clicks.video’s Platform by you or any third party using your account.
  2. Limitation of Clicks.video’s Liability:
    • Under no circumstances shall Clicks.video, its officers, employees, affiliates, licensors, or partners be held liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from or related to the uploading, sharing, or use of Creator Content.
    • Clicks.video does not guarantee the security, availability, or permanence of any Creator Content uploaded to the Platform.

6. ENFORCEMENT & TERMINATION

  1. Right to Monitor & Enforce:
    • Clicks.video reserves the right, but is not obligated, to monitor, review, or investigate any Creator Content uploaded to the Platform.
    • Clicks.video may take any enforcement action it deems appropriate, including removal of content, account termination, and legal action, to ensure compliance with these Guidelines.
  2. Termination of Service:
    • If you are found to be in violation of these Guidelines, Clicks.video reserves the right to immediately and permanently revoke your access to the Platform without notice.

7. ACKNOWLEDGMENT & ACCEPTANCE

By uploading any Creator Content to Clicks.video, you explicitly acknowledge and agree that you have read, understood, and accepted these Guidelines, and you confirm that you are legally authorized to upload the content in compliance with all applicable laws and regulations.

Failure to comply with these Guidelines may result in account termination, legal action, and financial liability as deemed necessary by Clicks.video.

For further details, please review our Terms of Service, Privacy Policy, and DMCA Policy.

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