Terms and Conditions - Burst

User Submission Agreement

This is the User Submission Agreement between you and Univision Interactive Media, Inc. and its affiliated and related entities (collectively, “ Univision”) and represents a legally binding agreement with you. Please read it very carefully as it governs your relationship with Univision regarding your submission or attempted submission of content to Univision regardless of what type of device you use to submit the content to Univision. It also outlines your warranties, representations, releases, indemnifications, and grants to Univision and Univision’s disclaimers of warranties and liabilities.

This Agreement will apply to the content you submit to Univision and your use of the service to upload your content (the “ Service”). If you do not agree with any part of this Agreement, do not submit or attempt to submit any content to Univision, because by doing so, you are assenting to all of the terms of this Agreement. In this Agreement, “ Content” means any content you submit to Univision and the terms of this Agreement apply whether or not Univision makes any use of your Content.

1. Your Agreement with Univision

• By submitting or attempting to submit Content to Univision, in consideration of the mutual promises, warranties, conditions, and other agreements set forth in this Agreement, receipt and sufficiency of which is hereby acknowledged by both you and Univision, you agree to the terms of this Agreement and to Univision’s Terms of Use and Privacy Policy, which are incorporated herein by reference. In the event that Univision’s Terms of Use or Privacy Policy conflict with anything in this Agreement, you agree that the terms of this Agreement control in relation to disputes relating to this Agreement and your submission of Content.

• You agree that Univision may, in its sole discretion, modify any of the terms found in this Agreement at any time. By submitting or attempting to submit Content to Univision, you further agree to be bound by all modifications made to this Agreement prior to your submission and that such modified agreements replace all prior agreements.

2. Contact Information Required for All Submissions of Content

• You agree that any submission of Content you make to Univision must contain your full name and email address (collectively, “Contact Information”). Univision’s handling of your Contact Information will be governed by the terms and conditions of Univision’s Privacy Policy. Notwithstanding the foregoing sentence, you agree that Univision, and anyone authorized by Univision, may identify you by name and/or email address as the owner, author, or submitter of any Content you submit to Univision.

• You agree that by submitting or attempting to submit Content and providing your Contact Information, you are expressly granting Univision permission to contact you via email in order to confirm your identity as the sender of the Content, seek clarification regarding the Content, or for any other reason relating to the Content; provided, however, that Univision shall have no obligation or liability to you for failure to do so or for doing so.

• You agree that you will not submit Content under an assumed name or through any other unauthorized means, including, but not limited to, submitting Content via a third party’s email address.

3. Limitations on Your Participation

• You certify that you are eighteen (18) years or older, or, if you are a resident of a state where the age of majority is older than eighteen (18) years old, that you have reached the age of majority in your state. You further certify that you are otherwise capable of entering and competent to enter into this Agreement.

• You certify that you are a citizen of the United States living in the United States or a resident alien living in the United States and further certify that you are not an employee, officer, director, or agent of Univision nor an immediate family member of an employee, officer, director, or agent of Univision.

• You certify that you are not currently running for a political office or planning to run for a political office within the next six (6) months and further certify that you are not using this Service to advertise any products, services, or other goods.

4. Your Relationship with Univision and Its Sponsors

• You agree that no employment, independent contractor, or other business relationship is formed between yourself and Univision or any of its sponsors or business partners, if any, as a result of submitting or attempting to submit Content to Univision. You further agree that neither Univision nor any of its sponsors or business partners, if any, undertake an obligation to compensate you or any third party in any way for your Content or Univision’s use of that Content, or undertake any accounting of Univision’s use of your Content.

• You agree that Univision does not undertake an obligation to preserve the confidentiality of the Content you submit to Univision.

5. User Content Standards; Unauthorized Content.

• You agree you will not submit or attempt to submit, and Univision has the right to reject, refuse to accept, remove or otherwise handle as Univision deems appropriate, any “Unauthorized Content” which is defined as any Content that is or could be construed as violating any of the terms and conditions of this Agreement, and/or any of the terms and conditions set forth in the Terms of Use, including, without limitation:

• infringing on a third party’s intellectual property rights; or

• causing harm, a tort, harassing anyone, or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying the Service.

• Univision does not control any Content submitted, although Univision may use both automated and manual means of reviewing Content in order to prevent Unauthorized Content from appearing and being displayed by it. Univision reserves the right to review any submitted Content and to delete, remove, move, edit or reject, without notice to you, any Content that it deems, in its sole discretion, abusive, defamatory, obscene, pornographic, in violation of intellectual property rights, in violation of this Agreement or otherwise inappropriate or unacceptable to Univision, its affiliates, subsidiaries, licensees, and assigns, for any reason; provided, however, that Univision shall have no obligation or liability to you for failure to do so or for doing so.

• If Univision receives notice of any claim of infringement, such as notice and takedown requirements under U.S. copyright law, Univision may remove Content associated with such claim.

• Univision reserves the right to provide any information, including but not limited to your identity or contact information, to law enforcement officials and governmental agencies and pursuant to judicial or regulatory compulsion.

6. Your Warranties to Univision

• You warrant that you have the unencumbered legal rights necessary to grant to Univision the license described below. This means you warrant that you have the necessary intellectual property rights required to grant the license described below, whether through ownership, license, express permission, or other agreement.

• You warrant that the Content you submit does not violate a third party’s intellectual property rights, and you further warrant that the Content you submit does not constitute defamation, trade libel, harassment, invasion of privacy, obscenity, indecency, eavesdropping, or Unauthorized Content under this Agreement or otherwise constitute illegal content under all applicable state and federal laws. This warranty extends to all aspects of the Content.

• You warrant that all third parties depicted in the Content have granted you all necessary permissions to host, cache, store, use, reproduce, distribute, exhibit, prepare derivative works, publicly display, or otherwise use in any way their likenesses, voices, or names in accordance with the license described below.

7. Your Grant of License to Univision

• You hereby grant to Univision, its affiliates, subsidiaries, licensees, assigns, and anyone authorized by any of the foregoing, a worldwide, non-exclusive, unrestricted, transferable, royalty-free, perpetual, and irrevocable license to your Content to use, modify, archive, sell, exploit, reproduce, distribute, prepare derivative works from, publicly display, publicly perform, or otherwise use your Content, in their sole discretion, and throughout the universe by means of any medium now known or hereafter invented or discovered.

• By way of clarification but not limitation, you hereby grant to Univision, its affiliates, subsidiaries, licensees, and assigns the right to edit, alter, or otherwise modify in any way your Content, in their sole discretion, by means of any technology now known or hereafter invented or discovered.

• By way of clarification but not limitation, you hereby grant to Univision, its affiliates, subsidiaries, licensees, and assigns the right to disclose publicly any of your Content, in their sole discretion, by means of any medium now known or hereafter invented or discovered. Univision, however, undertakes no obligation to disclose publicly or otherwise make use of any of the Content you submit to Univision.

• You hereby grant to Univision, its affiliates, subsidiaries, licensees, and assigns a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use your name, likeness, voice, biographical information, and any other personal characteristics depicted in the Content in connection with the Service, in their sole discretion, and throughout the universe by means of any medium now known or hereafter invented or discovered.

• You hereby acknowledge that Univision has the right to enter into a sponsorship agreement related to the use of the Content, and, therefore, in addition to the other grants in this Agreement, you hereby further grant to Univision, its affiliates, subsidiaries, licensees, and assigns a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to affix logos and other trademarks to the Content and to exploit the Content and any proprietary rights in the Content in connection with the Service and any advertising, goods, services, or products produced and distributed in connection with the Service, in their sole discretion, and that such rights may be exploited by Univision, its affiliates, subsidiaries, licensees, and assigns throughout the universe by means of any medium now known or hereafter invented or discovered.

• Without limiting the generality of any other provision in this Section 7, you agree that Univision may use, distribute, share or otherwise provide such Content under any terms Univision sees fit to any third party without the requirement of providing you any form of compensation.

8. Univision’s Disclaimer of Warranties

• Univision’s Service is provided “As Is,” and you agree that you use Univision’s Service and submit Content to Univision at your own risk and hereby assume any risk relating to this Agreement, your submission of Content or use of the Service, third parties’ submission of Content or use of the Service, the Content itself, or Univision’s use of that Content.

• To the extent permitted by law, Univision and its subsidiaries, Univision’s affiliates and their subsidiaries, and Univision’s licensees, assigns, agents, members, officers, directors, employees, representatives, and any other parties engaged by Univision in relation with the service hereby expressly disclaim:

• Any warranties, express or implied, under this Agreement or otherwise resulting from your submission of Content or use of the Service, third parties’ submission of Content or use of the Service, the Content itself, or Univision’s use of that Content; and

• Any warranties of merchantability, title, or fitness.

9. Univision’s Disclaimer of Liability

• To the extent permitted by law, in no event will Univision and its subsidiaries, Univision’s affiliates and their subsidiaries, and Univision’s licensees, assigns, agents, members, officers, directors, employees, representatives, or any other parties engaged by Univision in relation with the Service be liable for any damages based on any cause of action or legal theory now or hereafter developed, including but not limited to negligence, relating to this Agreement, your submission of Content or use of the Service, third parties’ submission of Content or use of the Service, the Content itself, or Univision’s use of that Content.

10. Your Indemnification of Univision

• With respect to any third party claims arising out of or relating to this Agreement, your submission of Content or use of the Service, the Content itself, or Univision’s use of that Content, you shall indemnify against all losses arising out of or relating to those claims Univision and its subsidiaries, Univision’s affiliates and their subsidiaries, and Univision’s licensees, assigns, agents, members, officers, directors, employees, representatives, and any other parties engaged by Univision in relation with the Service.

11. Your Release of Univision

• You hereby release Univision and its subsidiaries, Univision’s affiliates and their subsidiaries, and Univision’s licensees, assigns, agents, members, officers, directors, employees, representatives, or any other parties engaged by Univision in relation with the Service (including without limitation Burst.it, LLC) from any claims you may have arising out of or relating to this Agreement, your submission of Content or use of the Service, third parties’ submission of Content or use of the Service, the Content itself, or Univision’s use of that Content.

• If you are a parent or guardian submitting Content depicting your minor child or ward, you hereby acknowledge the benefit to your child or ward of appearing in the Content and having that Content distributed by Univision and further acknowledge that such appearance is a voluntary, nonessential activity. Acknowledging such, you hereby release Univision and its subsidiaries, Univision’s affiliates and their subsidiaries, and Univision’s licensees, assigns, agents, members, officers, directors, employees, representatives, or any other parties engaged by Univision in relation with the Service from any claims your minor child or ward may have arising out of or relating to this Agreement, your submission of Content or use of the service, third parties’ submission of Content or use of the Service, the Content itself, or Univision’s use of that Content.

12. General

• Choice of Law. Any claims arising out of or relating to this Agreement, your submission of Content or use of the Service, third parties’ submission of Content or use of the Service, the Content itself, or Univision’s use of that Content shall be governed by the laws of the State of New York, without giving effect to its principles of conflicts of law.

• Choice of Forum. Any claims arising out of or relating to this Agreement, your submission of Content or use of the Service, third parties’ submission of Content or use of the Service, the Content itself, or Univision’s use of that Content shall be brought only in the state or federal courts of New York, and you consent to the jurisdiction of those courts.

• Limitation. You agree that any claims you may have arising out of or relating to this Agreement, your submission of Content or use of the Service, third parties’ submission of Content or use of the Service, the Content itself, or Univision’s use of that Content shall be commenced within six (6) months of the accrual of any such claims, or if such a limitation period is to be found unreasonable or unconscionable, within one year of the accrual of any such claims. You further agree that all claims brought outside these limitations are barred.

• Severability. If any provision of this Agreement is held unenforceable, you agree that such provision shall be modified to the minimum extent necessary to render it enforceable. To the extent the provision cannot be rendered enforceable, you further agree that the remainder of the Agreement remains in force.