Studio Movie Grill One Story Movement Terms
Studio Movie Grill One Story Movement Terms
PLEASE READ THESE TERMS CAREFULLY BEFORE SHARING YOUR STORY WITH STUDIO MOVIE GRILL (“SMG”). YOUR USE OF STUDIOMOVIEGRILL.COM AND SUBMITTING YOUR SUBMISSION CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS. IF THESE TERMS OR THE PRIVACY POLICY IS NOT ACCEPTABLE TO YOU FOR ANY REASON, YOU SHOULD EXIT STUDIOMOVIEGRILL.COM AND NOT SHARE YOUR STORY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE. VOID WHERE PROHIBITED. BY PARTICIPATING, PARTICIPANT AGREES TO BE BOUND BY THESE TERMS.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.1. Participants
Participation in the One Story Movement (“Program”) activities is open to legal residents of the 50 U.S. (or D.C.), 18 years or older at the time of a Submission (as defined below) is submitted. Void where prohibited by law, rule or regulation. All applicable federal, state, and local laws and regulations apply.
2. Participation
To participate, go to https://www.studiomoviegrill.com/OneStory and click on the “SHARE” button. If you wish to share your story, follow the onscreen instructions to properly complete the registration form, tell us your story through text, photographs, images, graphics, captions, descriptions, video, and the like, include your video URL (if applicable), and click on the “Send” button to submit your story for the Program (each a “Submission”). Each Submission must include a valid email address for the person uploading the Submission.
BEFORE UPLOADING A SUBMISSION, BY CLICKING THE “SEND” BUTTON, YOU EXPRESSLY AGREE AND CONSENT THAT YOU (A) HAVE READ OR HAVE HAD THESE TERMS AND THE PRIVACY POLICY READ TO YOU AND YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY, (B) ARE THE SOLE CREATOR AND OWNER OF YOUR SUBMISSION AND RIGHTS IN THE CONTENT INCLUDED IN YOUR SUBMISSION (INCLUDING, BUT NOT LIMITED TO, ANY MUSIC), (C) TRANSFER OWNERSHIP OF EDITED VERSIONS OF THE SUBMISSION TO SMG, AND (D) HAVE RECEIVED PERMISSION FOR THE USE OF THE IMAGE/LIKENESS OF ANY AND ALL IDENTIFIABLE PERSONS APPEARING IN YOUR SUBMISSION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT SUBMIT A SUBMISSION.
You also agree to comply with all applicable third party platform provider terms of service, conditions of use and/or applicable general rules or guidelines with respect to your Submission(s) and in connection with your participation in the Program, including, but not limited to, those of YouTube, Vimeo, Soundcloud, DeviantArt, Facebook, Instagram and Twitter (individually and collectively, “Social Media Platforms”)
You acknowledge that the Program is in no way sponsored, endorsed, administered by, or associated with Vimeo, Soundcloud, DeviantArt, Facebook, Instagram and Twitter, or any other Social Media Platforms. You understand that you are providing your information to SMG and not to any Social Media Platforms.
Note: If you participate using a wireless phone or other device, message and data rates may apply. Please consult your wireless service provider regarding its pricing plans.
You may use a generic release form to confirm permissions from persons appearing in your Submission; however, if your Submission is selected for use by SMG in the Program, you will be required to obtain a release provided by SMG signed by each identifiable person appearing in your Submission granting SMG permission to use his or her image/likeness. Submissions that do not include all required information and adhere to the Terms as determined by SMG, in its sole discretion, will be considered void. Once uploaded, a Submission will not be returned. SMG may, in its sole discretion, remove, delete, edit and/or modify any Submission it deems inappropriate or otherwise non-compliant.
The person uploading the Submission will be deemed the participant (“Participant”). The Participant is the one (1) person who owns the email address included in the form associated with the Submission submitted in connection with the Program. Should multiple users of the same email account submit one or more Submissions and a dispute thereafter arise regarding the identity of the Participant, the authorized account holder of said email account at the time of entry will be considered the Participant. “Authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted email address. You may need to show proof of this. If any group elects to collaborate on a Submission, they are required to designate one (1) person as the agent of the group to submit the Submission to the Program and agree to these Terms on behalf of the group. SMG is not liable for any disputes between collaborators arising under or related to the Program.
Creative and Content Guidelines for One Story Movement ™ Submissions:
The objective of the One Story Movement ™ is to collect video and media that portray distinct and personal narratives that give perspective on the experiences and lives of our Studio Movie Grill® community members. This can include your accomplishments, your challenges, your goals, anecdotes from your childhood, your passions, examples of your talents -- whatever makes you YOU.
Your Submission doesn’t have to be filmed or recorded at an SMG location, and your story doesn’t have to involve SMG or an SMG experience. There is no limit on the length of a Submission. Your Submission does not need to include text, video and audio – it can include one, two, or all three of these. Video and/or audio can be recorded on any device. You can edit your video and/or audio Submission prior to submitting, or your Submission can consist of raw video and/or audio files.
However, when you upload and/or submit any Submission, you are stating that you are the owner of, and responsible for, all content that you submit. You may be asked to provide proof of permission from each person, if any, referred to in the content, in an acceptable format. If you are asked, you (or, if you are still a minor in your home state, your parent or guardian) will promptly respond and sign any documentation or take any action required for SMG or its designees to use rights to your content in its marketing materials or otherwise, in any form, media or technology. You are also saying that your Submission complies with these Terms and the Submission Guidelines below.
Submission Guidelines: The following guidelines apply to each Submission:
• The content must be in English;
• The content must be your own, original work;
• The content must not contain images, film clips, artwork, music or other material not created by Participant. You may not include any music in your Submission unless it was created solely by you. Avoid having music in the recording, especially during dialogue/narration, and do not insert music tracks during editing;
• The content must not contain brand names, trademarks, logos, or recognizable buildings and other architectural works, recognizable artwork, or recognizable products or services, other than those owned by Studio Movie Grill, which Participant has a limited, non-exclusive, non-transferable, non-sublicenseable license to use to incorporate in his/her content for a particular Submission. The content must not feature or reference any names or third party logos, including, but not limited to, third party names, logos or trademarks on street signs, panoramic views, vehicle license plates, or clothing such as T-shirts, hats, etc.;
• If the content includes the image of any person(s), you are responsible for obtaining, prior to submitting the Submission, any and all release(s) and consent(s) necessary to permit the display and use of the Submission by SMG as set forth in these Terms. If the content includes the image of a child who is or who appears to be under the age of 18, the content must also include an image of his/her parent/legal guardian and you must have permission from the parent/legal guardian to share the image in the Submission and this Program;
• The content must not include any personally identifiable information of a third party, such as name, address, likeness, phone number, email address or license plates without his or her written permission. Should you include personally identifiable information about yourself in your Submission, you acknowledge and agree that such information will be disclosed publicly and you are solely responsible for any consequences thereof;
• The content must not utilize live animals unless the Participant has obtained the consent of the animal’s owner and an affidavit from the animal owner or wrangler that the animal was not harmed in the making of the Submission (nor should animal be depicted in any way that suggests it is being harmed).
• The content must not feature distilled spirits (i.e. hard liquor), tobacco products (including cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and e-cigarettes), contraceptives, feminine hygiene products, fireworks, firearms and ammunitions, prescription drugs, illegal drugs and related drug paraphernalia, nutritional supplements, lotteries and gambling (including horse or dog racing and products or services related to gambling);
• The content must not contain material that violates or infringes another’s rights, including, but not limited to, copyright, trademark or right of privacy of publicity or any other rights;
• The content must not have been published previously in any medium, submitted in a promotion or won an award of any kind, or exhibited or displayed publicly through any means;
• The content must not depict SMG negatively;
• The content must not contain material that is inappropriate (including, but not limited to, nudity or profanity), indecent, obscene, sexually explicit, pornographic, hateful, tortious, false or misleading, disparaging, defamatory, slanderous or libelous;
• The content must not contain material that promotes bigotry, racism, hatred or harm against any group or individual, promotes any activities that may appear or be unsafe or dangerous, promotes any particular political agenda or message or promotes discrimination based on race, ethnicity, gender, religion, nationality, disability, sexual orientation or age (including, but not limited to, words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group);
• The content must not contain material that is unlawful, in violation of or contrary to the laws or regulations, and the content must not in any other way violate applicable laws and regulations;
• The content must not otherwise contain inappropriate content or objectionable material, all as determined by SMG in its sole and unfettered discretion; and
• The contact information provided in connection with each Submission is current, complete, and accurate, and neither the contact information provided in connection with each Submission nor the content included in a Submission impersonates any person or entity or falsely state or otherwise misrepresent their affiliation with a person or entity or create a false persona.
All Submissions will be reviewed for content before being published or otherwise featured in the Program; however, such review does not relieve Participant from responsibility for compliance with all of these Terms. Submissions that do not comply in all material respects with these Terms or that otherwise contain prohibited or inappropriate content, as determined by SMG, in its sole discretion, will not be published or otherwise featured in the Program.
Participant understands and agrees that SMG’s use in matters independently developed of material similar to or identical with the Submission or containing features or elements similar to or identical with those contained in the Submission will not obligate SMG to negotiate with Participant, nor will it entitle Participant to any compensation of any kind. Participant agrees and acknowledges that nothing herein shall preclude SMG from using any material in or similar to the Submission without obligation to Participant, including, but not limited to, if SMG has or has determined that it has an independent legal right to use such other material, including without limitation, because such features or elements were not new or novel, or were not originated by entrant, or were or may hereafter be independently created by or submitted to SMG. Participant acknowledges that other Participants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in Participant’s Submission. Participant understands and agrees that he/she shall not have any claim against any other Participant or SMG arising out any such similarity or be entitled to any compensation because of any such similarity.
3. License for Submissions and Ownership of Edited Submissions
By uploading your Submission, you irrevocably grant to SMG and its representatives, affiliates, licensees, successors and assigns the unconditional and perpetual right and license, but not the obligation, to post, display, publish, use, adapt, edit, modify, reformat, rearrange, combine with other pictures, items and/or materials (including, but not limited to, using all or part of a Submission as part of a larger montage containing multiple submissions), add to, customize, exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual elements, include the Submission and/or incorporate the Submission with the performance of others and with sound effects, special effects or music, and/or otherwise exploit each Submission, and/or any portions or excerpts thereof (each an “Edited Submission”), in SMG’s sole discretion in any way, an unlimited number of times, in any and all media now known or hereafter devised, throughout the world, for any purpose, without limitation, (including, but not limited to, advertising, promoting and publicizing SMG, including, but not limited to, on SMG’s website, in SMG locations and theaters, and on SMG social media pages), and without any additional liability, obligation or consideration to you or any third party.
By uploading your Submission, each Participant, whether the Participant’s Submission(s) is featured in the Program or not, in consideration of being considered to be featured in the Program, the receipt and sufficiency of which is hereby acknowledged, hereby irrevocably transfers, assigns and conveys all right, title and interest in and to each Edited Submission to SMG, including, without limitation, all copyright and trademark rights therein and thereto, and waives all moral rights in each Submission and Edited Submission. You hereby release and indemnify and hold harmless SMG, Social Media Platforms, and the Released Parties (as defined below) from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of SMG infringe on the rights of Participant’s work as contained in any Submission or Edited Submission.
Notwithstanding the foregoing or anything contrary contained herein, SMG may refrain from any exploitation of any Submission or Edited Submission in SMG’s sole discretion. SMG reserves the right, in its sole discretion, to remove or blur any non-material elements (e.g., small logos on clothing, artwork hanging in the background, etc.) with respect to any Submission or Edited Submission. SMG also reserves the right to remove any content or Submission or Edited Submission that it determines, in its sole discretion, to be infringing, offensive, unlawful or otherwise inappropriate. Upon request of SMG, Participant agrees to (i) provide the original audio and video files related to a Submission to SMG in order for SMG to edit the Submission and/or (ii) execute and deliver any and all other documents, as may be solely deemed by SMG, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission, the Edited Submission and of the copyrights transferred, or otherwise to effectuate the purpose and intent of these Terms. Should SMG fail to request an assignment or other documents as stated, that shall not be deemed a waiver of SMG’s rights and SMG may at a later time request the assignment or documents.
4. Publicity Release
By participating in the Program and submitting a Submission, each Participant grants the right to SMG, and its representatives, affiliates, licensees and assigns, to use and to license others to use Participant’s name, voice, likeness and any biographical materials which may have been provided to SMG in any manner SMG or its designees wish and in any and all media whether now known or hereafter created, including, but not limited to, unrestricted use for purposes of publicity, advertising and promotion of SMG, the Submission (as originally submitted or as modified by SMG, in SMG’s sole discretion) and the Program in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law. Participant acknowledges and agrees that Participant and each person whose image, likeness and/or voice appears in a Submission may be required to complete, sign and return a Liability Release and a Publicity Release (collectively, the “Releases”).
5. Indemnification
Participants agree that SMG has the sole right to decide all matters and disputes arising from this Program and that all decisions of SMG shall be final and binding and not subject to challenge or appeal. Participants hereby release, indemnify and hold harmless SMG and any applicable Social Media Platforms, and their respective parent, subsidiary and affiliated companies, and each of their respective employees, officers, directors, representatives, contractors, advertisers, sponsors, agents, successors and assigns (collectively, the “Released Parties”) from and against any and all liability, loss, damage, cost, claim or expenses of any kind (including reasonable legal fees and costs) which may be threatened against, imposed upon or suffered by SMG or any applicable Social Media Platforms that arise out of or are related to Participant’s participation in the Program, a violation of any third party rights, or as a result of the breach by Participant of these Terms or the terms of service, conditions of use and/or applicable general rules or guidelines of any applicable Social Media Platforms, or as a result of any representation, information or material supplied by Participant to SMG in connection with these Terms, including, but not limited to, any Submission.
6. Notice of Copyright Infringement
SMG has adopted the following policy for responding to allegations of copyright infringement that comply with applicable intellectual property laws, including the Digital Millennium Copyright Act of 1998 (“DMCA”).If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on or through the Site in a way that infringes your copyright rights, please inform SMG’s Designated Copyright Agent by sending written notice to: [email protected] or Studio Movie Grill, 12404 Park Central Drive, Suite 400N, Dallas, TX 75251, Attention: Webmaster.
Pursuant to the DMCA, you must include the following information in your written notice for it to be effective:
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
2. A detailed description of the material that is claimed to be infringing or to be the subject of infringing activity;
3. A description (such as the sub-domain link) of the location on the Site where the allegedly infringing content appears reasonably sufficient to permit SMG to locate the material;
4. Your contact information, including your name, address, telephone number, and, if available, email address;
5. A statement that you have a good faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law;
6. A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and
7. A physical or electronic signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid. Please note that notice to the Designated Copyright Agent is only for reporting claims of copyright infringement on the Site. Contacts for reporting other matters are provided elsewhere on the Site.
In accordance with the DMCA, we will review your request and take appropriate action, as we determine in our sole discretion. Appropriate action may include, but will not be limited to, editing or removing the allegedly infringing material, notifying the alleged infringer of your request, and the termination of the accounts of users who infringe upon the intellectual property rights of others.
7. Limitations of Liability and Release
No liability or responsibility is assumed by the Released Parties resulting from any user's participation in or attempt to participate in the Program or ability or inability to upload or download any information or Submission in connection with participating in the Program. No responsibility or liability is assumed by the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Program: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; traffic congestion on the Internet; unauthorized human or non-human intervention of the operation of the Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Program, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Program. The Released Parties are not responsible for any typographical errors in these Terms. The Released Parties are not responsible for any unauthorized third-party use of any Submission or other content. Use of SMG’s website is at user’s own risk. The Released Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to users or any other person's computer equipment resulting from participation in the Program, use of SMG’s website or the download of any information from the SMG’s website. By participating in the Program, Participants agree to and hereby release and hold harmless the Released Parties from any and all liability for loss, harm, damage, injury, cost or expense whatsoever including, without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to or participation in the Program, or participation in any Program-related activity and for any claims in connection with the Submission(s) or any exploitation thereof or based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. The Released Parties are not liable in the event that any portion of the Program, event or the event broadcast is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF SMG’S WEBSITE AND/OR THE PROGRAM, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES OR APPS ASSOCIATED WITH THE PROGRAM. WITHOUT LIMITING THE FOREGOING, THIS PROGRAM IS 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. Privacy Policy
All information collected will be treated in a manner consistent with the SMG’s Privacy Policy accessible at https://www.studiomoviegrill.com/Privacy.
9. Revisions to Website, Program and Terms
SMG may terminate, change, suspend or discontinue any aspect of the Program or SMG’s website, including the availability of any features of SMG’s website, at any time and without notice. SMG also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time and without notice. Your continued use of this SMG’s website after any changes to these Terms are posted will be considered acceptance of those changes.
10. Governing Law; Dispute Resolution
This Program is offered only in the United States and is governed by the laws of the state of Texas. All claims relating in any manner to this Program or to any Submission must be resolved in the federal or state courts located in Dallas County, Texas. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE PROGRAM. Any controversy or claim arising out of or relating to these Terms, the Program and/or a Submission shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. ALL CLAIMS MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE PARTY, PARTICIPANT OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH ANY CLAIM OF ANY OTHER PARTICIPANT, USER OR PARTY, WHETHER THROUGH CLASS ACTION PROCEEDINGS, CLASS ARBITRATION PROCEEDINGS, REPRESENTATIVE ACTION, OR OTHERWISE. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms. The arbitration shall be conducted in Dallas County, Texas.
11. General Provisions
The Terms and SMG’s Privacy Policy constitute the sole and entire agreement between SMG and you with respect to the Program and any Submission and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Program and any Submission. In the event of a violation of these Terms, SMG reserves the right to seek all remedies available by law and in equity. The section headings set forth herein are for convenience only and shall not constitute a substantive part of these Terms. In the event that any one or more of the provisions of the Terms shall be or become invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected thereby, and such invalid, illegal or unenforceable provision shall be enforced to the maximum possible extent or revised such that it is no longer invalid, illegal, or unenforceable. Participant is an independent contractor and not an employee, agent, joint venturer, or partner of SMG. The failure of SMG to object to or to take affirmative action with respect to any conduct of Participant which is in violation of the terms hereof shall not be construed as a waiver thereof, nor of any subsequent breach or wrongful conduct.
