eBones Program Terms

These eBones terms and conditions (the "Terms") apply to the Viumbe's eBones program. As used in these Terms, "Website" means www.ebaumsworld.com and any successor, mirror or co-branded site, the eBaum's World iPhone application, eBaum's World media players embedded on third-party websites and any other online widget or player developed by Viumbe.

Effective Date of Terms

The effective date of these Terms is August 5, 2010.

Agreement to Terms

By submitting a video to the Website you are signifying your agreement to (a) these Terms, (b) the Terms of Use of the Website found at www.ebaumsworld.com/pages/terms/ and (c) the Privacy Policy of the Website found at www.ebaumsworld.com/pages/privacy/. If you do not agree to any of these Terms, the Terms of Use, or the Privacy Policy then you may not submit to the Website. In the event of a conflict between the Terms of Use of the Website or the Privacy Policy and these terms, these terms will govern. By submitting content to the Website and agreeing to these Terms, you are certifying that you have all necessary rights to agree to these Terms and to upload the content to the Website. Please read them carefully and ensure that people appearing in or participating in the creation of your media have also consented to these Terms in writing, because you will be held responsible. Any video, image, game, blog, jokes, audio file and/or any other type of digital media that you submit for acceptance into the eBones Program is referred to as an "eBones Submission."

Although Viumbe may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version published in our Website. Viumbe may in its sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

1. Creating an Account

In order to submit a media, you will have to create a Website account. You must provide accurate and complete information when creating the account. If we determine that any information that you have provided to us is inaccurate, we may terminate your account and remove any content that you have submitted to the Website.

2. eBones Submissions : Eligibility and Acceptance

The eBones Submission must comply with these Terms and the Terms of Use. We reserve the right to accept or reject any media into the eBones Program at our sole discretion. Our acceptance of a submitted media into the eBones Program will be evidenced by our first payment with respect to that media.

3. ebones Points and Payment Terms

Users with a valid Website account may earn eBones points by uploading eligible eBones Submissions and having them viewed. eBones points will be awarded on all accepted eBones Submissions beginning on August 5, 2010. Different amounts of points will be awarded for different types of uploaded media and additional points will be awarded depending on the number of times the media is viewed. The eBones point structure system is available on the eBones Rules page. Viumbe may change the eBones point structure system from time to time and all eBones points earned will be based on the then current point system. eBones points may be redeemed for eBones prizes available at the time that eBones points are redeemed. Currently available prizes are displayed on the Website and are subject to change from time to time. Only residents of the United States and Canada are eligible to receive prizes. If Viumbe accepts your eBones Submission into the eBones program, you become eligible to redeem your accrued eBones Points for available prizes. Viumbe will redeem your eBones points for prizes within approximately 30 days after you make a claim for a prize.

If you have earned but not redeemed at least 75,000 eBones points between August 10, 2010 through 11:59 p.m. on December 31, 2011, your eBones points will carry over to 2012, and you will have until 11:59 p.m. on June 29, 2012, to redeem them. Starting January 1, 2012, if you have earned but not redeemed at least 75,000 eBones points as of 11:59 p.m. on December 31 of any calendar year, your points will carry over to the next year, and you may redeem those points any time before 11:59 p.m. on the following June 29. If you have fewer than 75,000 earned eBones points as of 11:59 p.m. on December 31 of any calendar year, you will forfeit your right to redeem those points. Except for points earned from August 30, 2010 through December 31, 2011, you may not combine eBones points earned in different calendar years to redeem a single eBones prize.

No redemptions of eBones points will be accepted for less than 75,000 eBones points or if the total value of the prizes redeemed is not at least Ten U.S. Dollars ($10.00). No partial redemptions will be accepted for prizes if the number of eBones points does not equal the threshold required for a prize. Claims for prizes must be made by visiting http://ebaumsworld.com/prizes while logged into your eBaum’s World account. All cash or prepaid card prizes will be denominated in U.S. Dollars. Viumbe may change the available prizes or the number of eBones points required to earn prizes under the eBones program at any time by changing the policy on the Website. Your continued use of the Website indicates your agreement with the changes to the policy. Viumbe may remove your eBones Submission from the eBones Program at any time without notice to you, which will terminate all further eBones points accrual other than eBones points earned for the eBones Submission prior to its removal from the eBones Program.

You are solely responsible for reporting and paying any applicable tax or tariffs on the payment. If Viumbe determines that it is required to report payments to you to the taxing authority in any jurisdiction, you hereby consent to such reporting and agree that your media will not be deemed accepted into the eBones Program and no payments will be made to you until you have provided any information or forms necessary for Viumbe to file such report, such as your social security number and address. Viumbe may withhold from payments any taxes that it is required to withhold under applicable law. Additional requirements may be necessary with respect to producers located outside of the United States and Viumbe may request additional representations from such producers at any time.

If you think that a mistake has occurred in a payment, you must contact Viumbe's support desk at ebones@ebaumsworld.com within 30 days of receipt of payment. No requests for evaluation of payment errors will be considered more than 30 days after receipt of payment.

4. Display and Removal of the eBones Submission

Viumbe will determine in its sole discretion how and where the eBones Submission will be displayed on the Website, including whether the eBones Submission will be displayed in a particular "section" or themed area of the Website. Viumbe reserves the right to do any of the following at any time, in its sole discretion and without notice (except as provided below or as required by law):
(a) Terminate the eBones program;
(b) Remove any eBones Submission from the eBones program;
(c) Remove any eBones Submission from the Website altogether or from any other distribution channel;
(d) Change these eBones Program Terms, including payment terms. Upon the occurrence of an event described in Section 4(a) through (c), these eBones Terms and Conditions will no longer apply to the display of the eBones Submission on the Website (except for the provisions that survive, as described below), and any continued display of your media through the Viumbe service other than through the eBones Program will be subject to the Viumbe's Terms of Use. If you object to any change made under this Section 4, you may remove your eBones Submission from the Website at any time by emailing ebones@ebaumsworld.com. The following provisions of these Terms will survive any removal of the eBones Submission from the eBones Program or from the Website: Section 4, Section 7, Section 8, Section 9 and Section 10. In addition, the license granted under Section 6 (b) and Section 7 will survive with respect to any usage or sublicense previously entered into by Viumbe's or its licensees until the termination of any sublicense.

5. Representations and Warranties for eBones User Submissions.

You represent and warrant that:
(a) You are the exclusive owner of the eBones Submission and all rights therein, including but not limited to all content, including but not limited to music and images, have all rights necessary to license it on an non-exclusive basis to Viumbe without any interference by any other person;
(b) The eBones Submission does not infringe any rights of any third party, including copyright, trademark, patent, privacy rights, publicity rights, or right of confidentiality, and the display of the eBones Submission on the Website will not give rise to any royalty or payment right on the part of any third party license;
(c) You have the written consent and release of each person who appears in the eBones Submission, or whose intellectual property (for example, dialogue, music or images) is used, to license the eBones Submission to Viumbe under these terms and each such person who is a natural person is either more than 18 years of age (or the age of majority in his or her state) or possesses legal parental or guardian consent to grant these rights and is fully able and competent to grant such rights;
(d) You affirm that you are either more than 18 years of age (or are the age of majority in your state) or you possess legal parental or guardian consent, and you are fully able and competent to enter into these Terms and to abide by and comply with these Terms;
(e) You will not attempt to fraudulently increase the views or rank of any eBones Submission, including, without limitation, by the following means: through the use of automated means such as bots or crawlers; by providing descriptions, tags, thumbnail images or other data that are misleading or do not accurately describe the eBones Submission or that are designed to artificially inflate views; by creating false user accounts to view or rank the eBones submission; or by masking the origin of any IP address viewing the media;
(f) for media accepted into to the eBones Program you grant Viumbe a worldwide, non-exclusive, perpetual, sub-licensable and transferable license to use, copy, distribute, display, perform, combine with other works, including in compilations, rename, edit, package, shorten, insert advertising into, divide into different segments, reformat, and use excerpts of the eBones Submission (i) on the Website; (ii) through mobile with other content from the Website; and (iii) if used solely for promotional purposes to promote Viumbe or the availability of the eBones Submission on Viumbe website, in any other media;
(g) for media submitted to eBaum's World prior to August 5, 2010, the original license grant as set forth in the terms in effect at the time of submission will apply.

6. Grant of Publicity License.

You grant Viumbe and its successors, agents, licensees and distribution partners the right to use your name, the name of any person appearing in the eBones Submission, and other information about you or the eBones Submission in and in connection with the display, distribution and promotion of the eBones Submission.

7. Release and Indemnity

You agree to release Viumbe and its officers, directors, shareholders, employees, agents and affiliates, subsidiaries, successors and assigns, partners, users, and distribution agents from any claims in connection with the eBones Submission, and to defend, indemnify and hold each of them harmless for any claims, losses (including reasonable attorneys' fees), damages or claims arising from Viumbe's use or distribution of the eBones Submission, as well as any claim which, if true, would constitute a breach of this Agreement or a breach of any of your warranties and representations.

8. Limitation of Liability

Neither party will be liable for consequential, indirect, incidental, punitive or special damages, except for the indemnification obligation under Section 7. Under no circumstances will Viumbe be liable to you, under any theory, for more than $100.

9. Consequences of Breach of Fraud

If you breach these terms, including any representation, warranty or covenant set forth in Section 5, or if you engage in any other fraudulent, deceptive or inappropriate practices with respect to the Website, Viumbe's may immediately remove all of your eBones Submissions from the eBones Program and/or from the Website. Upon such event, you agree to repay to Viumbe all amounts previously paid to you under this Agreement. These rights are in addition to any other rights or remedies available to Viumbe.

10. Other

Notwithstanding anything to the contrary in the Terms of Use, these terms are governed by the law of the State of California, excluding its conflicts of laws provisions. Any claim or dispute relating to the eBones Program will be decided exclusively by federal or state courts located in San Francisco County, California. Each party agrees to the personal jurisdiction of such courts. Any notice required under these terms may be sent by Viumbe to you through mail, email, facsimile transmission, personal delivery, by overnight commercial delivery service, such as Federal Express to the addresses provided through your online account. In addition, notice may be provided to you through your Website account. Except as set forth in these terms or as prohibited by law, these terms replace any prior correspondence, negotiations, agreements, understandings and representations with respect to all of your eBones Submissions and media previously accepted into the eBones program, other than the Viumbe's Terms of Use and the Privacy Policy.