REQUIREMENTS OF SUBMISSIONS TO THE FANWALL
Submissions may not contain, as determined by MAFO – Gestão de Carreiras de Atletas, Lda (“MAFO”), in its sole discretion, any content that:
– is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
– promotes alcohol, illegal drugs, tobacco (or the use of any of the foregoing); promotes any particular political agenda or message;
– is obscene or offensive; endorses any form of hate or hate group;
– defames, misrepresents or contains disparaging remarks about other people or companies;
– contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as personal names or e-mail addresses;
– contains copyrighted materials owned by others without permission;
– contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
– contains look-alikes of celebrities or other public or private figures, living or dead;
– communicates messages or images inconsistent with the image and/or good will to which we wish to associate; and/or
– violates any law.
Participants posting a video Submission agree to comply with the YouTube Terms of Service located at http://www.youtube.com/t/terms inclusive of the YouTube Community Guidelines located at www.youtube.com/t/community_guidelines and Privacy Policies located at http://www.youtube.com/t/privacy_at_youtube specific to their localized version of the YouTube website.
Submissions must be the original work of the participant, and may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If a Submission contains any material or elements that are not owned by the participant, and/or which are subject to the rights of third parties, the participant is responsible for obtaining, prior to submission of a Submission, any and all releases and consents necessary to permit the use and exhibition of a Submission by in the manner set forth in these Terms & Conditions, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in a Submission. MAFO reserves the right to request proof of these permissions in a form acceptable to MAFO from any participant at any time. Failure to provide such proof may, if requested, render Submission null and void. By making a Submission, participant warrants and represents that he/she and any persons appearing or who are identifiable in a Submission consent to making the Submission and to its use as otherwise set forth herein.
By making a Submission, participant acknowledges and agrees that MAFO may obtain many Submissions in connection with this “fanwall” and/or other “fanwall” staged and/or promoted by MAFO, and that such Submissions may be similar or identical in theme, idea, format or other respects to other Submissions submitted in connection with this “fanwall” and/or other “fanwall” sponsored by MAFO or submitted for other reasons or other materials developed by Miguel Oliveira or by MAFO. Participant waives any and all claims participant may have had, may have, and/or may have in the future, that any Submission and/or other works accepted, reviewed and/or used by the participant may be similar to his/her Submission, or that any compensation is due to participant in connection with such Submission or other works used by Miguel Oliveira or MAFO.
By making a Submission, participant hereby grants permission for his/her Submission to be posted on the Website. Participant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Submissions by third parties. Released Parties do not guarantee the posting of any Submission and may remove a posted Submission at any time.
LICENSING OF SUBMISSIONS/GRANT OF RIGHTS
By participating in the fanwall, and to the extent allowed by law, participants: (i) grant a worldwide, royalty-free, irrevocable, non-exclusive, sub-licensable (including the right to sublicense to further third parties), unconditional, fully paid-up and transferable license to use his/her first name, last name and create derivative works of all Submissions (whether acceptable or not, regardless of the form they take, and including, without limitation, any and all copyrights, trademarks, contract and licensing rights, moral rights or “droit moral” and other intellectual property and proprietary rights in Submissions) to MAFO; (ii) agree that MAFO may license and assign all such rights to Miguel Oliveira and others (collectively “Licensees”); (iii) grant MAFO and Licensees the absolute right and permission to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, transmit, produce, publish, rent, lease, distribute (directly or indirectly through multiple tiers), post, broadcast, publicly perform or display, adapt, exhibit and/or otherwise use or reuse or exploit (without limitation as to when or to the number of times used) and use the content of and elements embodied in the Submissions and the Submissions themselves in perpetuity (except in France, for the duration of rights) in any and all media including but not limited to digital and electronic media, television, cinema, computer, DVD, CD, Competition Site(s), print, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, “fanwall, commercial, or any other purposes without further review, notice, approval, consideration or compensation to participant or any third party; (iv) shall execute and deliver documents, at MAFO’ expense, requested by MAFO or as may be necessary to vest in MAFO the rights and waivers provided herein; (v) agree that email may satisfy any writing requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the aforementioned rights; (vi) waive and release the Released Parties from any and all claims that participants may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to MAFO exploitation of Submissions without further compensation to participants of any kind; (vii) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against MAFO or Licensees, or any other person, on the grounds that any use of any Submission, or any derivative works, infringe or violate any of participants’ rights therein; and (viii) agree that MAFO and Licensees shall have the right and permission to use the name, photograph, twitter handle (if applicable), testimonial or other likeness or personal exposition of a participant (and/or any edited portion thereof) for “fanwall, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, any participant to the extent permitted by law. Participants also agree that MAFO may have access to, may have created, or may in the future create designs, ideas and concepts that may have familiarities or similarities to his/her Submission, and that he/she will not be entitled to any compensation or right to negotiate with MAFO because of these familiarities or similarities.
LIMITATION OF LIABILITY
Each participant on the “fanwall” area accepts the conditions stated in these Terms & Conditions, agrees to be bound by the decisions of MAFO, warrants that he or she is eligible to participate in this “fanwall”, and agrees, subject to applicable law, to release, indemnify, and hold harmless the Released Parties and each of their parent companies, divisions, subsidiaries, affiliates, advertising, “fanwall”, and public relations agencies, and the respective officers, directors, employees, representatives, and agencies of each from and against any and all claims, losses, liability, and damages of any kind, (including reasonable attorneys’ fees and expenses) asserted against any of them, any injury, damage, death, loss, or accident to person or property, or from the respective participants’ breach of any agreement or warranty associated with the “fanwall”, including these Terms & Conditions. Any attempt to deliberately damage any website or undermine the legitimate operation of the “fanwall” is a violation of criminal and civil laws and, should such an attempt be made, the Released Parties and each of their Licensees reserve the right to seek any and all remedies available from any such person(s) responsible for any such attempt to the fullest extent permitted by law.
Unless the laws relevant for the domicile of the participant provide otherwise, this “fanwall” is governed by the laws of Portugal, and is subject to all applicable local laws. Any and all legal actions or claims arising in connection with this “fanwall” must be brought in a court of competent jurisdiction in the Portuguese territory.
INTERNET
Participants further agree that MAFO, their Licensees, and any of their respective parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, agents and employees (collectively, the “Released Parties”), and any Internet access providers are not responsible for the following: (a) electronic transmissions, Submissions that are lost, late, stolen, incomplete, damaged, garbled, destroyed, misdirected or not posted or received by MAFO or its agents for any reason; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures and/or human error that may occur in the transmission, receipt or processing of Submissions or related materials; or for destruction of or unauthorized access to, or alteration of, Submissions or related material; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to participants’ or any person’s computer and/or its contents related to or resulting from participation in this “fanwall”, or (d) causes that jeopardize the administration, security, fairness, integrity, or proper conduct of this “fanwall”; (e) any Submissions submitted in a manner that is not expressly allowed under these Terms & Conditions (all such Submissions will be disqualified); (f) any printing errors in these Terms & Conditions or in any advertisements or correspondence in connection with this “fanwall”. MAFO reserves the right, in its sole discretion, to cancel or suspend this “fanwall” or any portion herein should virus, bugs, fraud, hacking, or other causes corrupt the administration, security, or proper play of the “fanwall”. In such cases, notice to this effect will be posted on the Website. If, in MAFO opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the “fanwall” or if technical difficulties compromise the integrity of the “fanwall”, the MAFO reserves the right to void suspect Submissions and/or terminate the “fanwall”.
PERSONAL DATA
Any Submission or participant information collected during the “fanwall” shall be used only in a manner consistent with these Terms & Conditions and MAFO’s Privacy Policy located at http://www.migueloliveira44.com/legal/privacy-policy.html. Each Participant expressly agrees to the use of his/her personal information for such purpose. The following information will be collected from each participant for the purpose of administering the “fanwall”, and may also be used by Released Parties and their affiliates to contact participants: first name, last name, and email address. The Released Parties will not sell, share or otherwise disclose information collected in any manner with third parties, other than those parties necessary to fulfill the above purposes, unless participant has given his prior express consent to receive additional information from the Released Parties or a third party. Participants have a right of access to, modification and deletion of their personal data. To exercise such right, an participant may write to MAFO‘s Privacy Office at [email protected] (“Data Controller” and “Data Recipient”). Participants, please note that participants’ data will be transferred outside of each eligible country to UAE which provide an adequate level of protection according to EU data protection regulations, for the purpose of administering this “fanwall”. The Released Parties will take all steps reasonably necessary to ensure that participants’ personal information is treated securely and in accordance with MAFO ‘s Privacy Policy and these Terms & Conditions in respect of such transfer, but will not otherwise take steps to ensure compliance with applicable laws in the participants’ country of residence. By participating in the “fanwall”, participants expressly agree to such transfer.
COUNTRY SPECIFIC NOTICES
If any provision of these Terms & Conditions is invalid under the law, rules or regulations of a particular country, the invalidity of such provision shall not affect the validity of the remaining provision.
© 2018 MAFO – Gestão de Carreiras de Atletas, Lda. All rights reserved. MAFO, Miguel Oliveira #44 trademark and related trademarks, names and logos are the property of MAFO or Miguel Oliveira and are registered and/or used in the all around the world. All other trademarks are the property of their respective owners.
