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Video Submission Terms & conditions

You are submitting certain visual or audio-visual content to us (the “Content”) for use in an advertisement to be published on YouTube (the “Advertisement”), and by submitting the Content to us, you acknowledge and agree to the terms set out below. These terms constitute a binding agreement effective from the date (“Acceptance Date”) that you submitted the Content, and govern the contractual relationship between eBay International AG, its subsidiaries, affiliates, successors, agents, contractors, licensees and assignees (“eBay”, “us” or “we” or “our”) and you (“you”) in relation to the grant of rights being provided by you in relation to the Content.

  1. All Content shall become our intellectual property from the date of creation. You irrevocably assign to us all rights (including intellectual property rights), title, ownership and interest in and to the Content, including, without limitation, any people featured, characters, names, copyrights, trademarks, logos, animation, audio (including but not limited to music, sound recordings and sound effects) and any other rights or elements which make up, are depicted or appear in, or which are associated with the Content and the file(s) submitted to us (regardless of the format). Such rights are granted exclusively to eBay from the date of creation (“Creation Date”) and shall include the right to bring, oppose, defend or appeal proceedings, claims or actions and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership of any of the rights in and to the Content whether occurring before, on, or after the Acceptance Date.
  2. Without limitation, you authorise eBay to:
    • use, display and publish the Content (including your name, User ID, city and state of residence, likeness, signature, image and voice, as applicable) in connection with the Advertisement, in any way or manner and for any purpose we see fit, including (but not limited to) any form of commercial, promotion or marketing capacity throughout the world and in perpetuity;
    • use, display and publish testimonials and other promotional expressions used by you in the Content, without express attribution to you, in any medium as determined by eBay in its discretion, including, without limitation, electronic and print media formats in connection with the Advertisement or otherwise; and
    • edit, modify or extract from the Content in any manner and without any limitations or the need to obtain your prior permission.
  3. You are not entitled to receive any royalties, payments, or other monetary value for your participation in and submission of the Content to us.
  4. You are not entitled to inspect or approve the marketing materials for the Advertisement or any collateral materials produced by eBay in connection with the Advertisement.
  5. eBay shall not be obliged to use any Content you submit. In the event that Content is not used, we retain the assignment of rights set out herein as they remain valid and binding.
  6. You warrant and undertake to us that:
    • You are over the age of eighteen and you have the right, power and authority to enter into this Agreement and assign the rights (including, without limitation, any and all intellectual property rights) in and to the Content;
    • all information provided by you is true, accurate and not misleading, all facts expressed by you in the Content are, to the best of your knowledge and belief, true and insofar as the Content contains any opinions, these opinions are your own and are genuinely and truly held by you;
    • you are the full and legal owner of all rights (including, without limitation, any and all intellectual property rights) in and to the Content;
    • you have obtained all required clearances and paid all monies necessary in order for us to be able to exercise the rights granted by you herein and you confirm and warrant that we will not be required to obtain any other or separate rights, clearances or license, nor shall we be required to make any additional payments to any parties in order to exercise the rights granted by you herein;
    • all individuals featured in the Content have provided full consent to their inclusion in the Content and you have obtained all required consents, permissions and releases from any individuals, groups, parties or locations, so that you are able to grant the rights granted herein, including (but not limited to) our right to use, exhibit, distribute, make use of, sub-license, reproduce and/or edit (without limitation or restriction) such persons’ names, voices, likenesses, appearance and performances contained in the Content. You agree that you shall procure that any necessary third party shall execute, deliver and provide any such additional documents (required by us, in its sole discretion) and perform such acts as may reasonably be required for the purpose of giving full effect to this Agreement in a timely manner;
    • nothing in the Content, nor its use (in any way) by us will infringe or violate the rights or interests of any party (including but not limited to, copyright, trademarks, patent rights, rights of privacy, image rights, moral rights, other statutory, common law or contractual rights of any individual person or entity or any other right of any third party), breach any contract or duty of confidence, constitute a contempt of court, be defamatory, obscene or otherwise unlawful, or bring us or any third party into disrepute;
    • you have not granted, nor shall you grant, to anyone else any right which would prevent or impair your right to assign the rights (including, without limitation, any and all intellectual property rights) to us or which conflict with the rights being granted by you to us; and
    • you have used your reasonable endeavours to ensure that the Content does not contain any viruses or malware.
  7. eBay is hereby released from any and all claims and disputes that you may have whatsoever in connection with your participation in the Advertisement or related to eBay’s use, display or publication of your Content. 
  8. You shall fully indemnify, defend and hold harmless eBay from and against:
    • Any costs, claim, demand, action, damages, loss and/or expense arising from actions brought by any third parties arising from any breach of any of the representations, warranties or agreements made by you (including any claims of slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating to any use of the Content as authorised herein). You agree and understand that we are relying on the representations made by you and any breach of the terms and/or warranties set out herein would cause us injury and damage that cannot be adequately compensated by damages in an action at law and you expressly agree that, without limiting our remedies, we shall be entitled to injunctive and other equitable relief.
    • Any costs, claim, demand, action, damages, loss and/or expense (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties, legal costs and any other reasonable costs and expenses suffered or incurred by us) arising directly or indirectly from any breach or non-performance by you of this Agreement and you shall pay all such costs, claim, demand, action, damages, loss and/or expense forthwith on demand by us. At our request and at your own expense, you shall provide all reasonable assistance to enable us to resist any claim, action or proceedings brought against us as a consequence of any breach of this Agreement. Such indemnity shall apply whether or not we have been negligent or at fault. You agree that the foregoing shall apply to you and to any persons featured within the Content and you have obtained required permissions from such persons in order to grant such rights to us.
  9. eBay may rely upon these terms (including the consents and authorisations set out herein) for the purposes of the Privacy Act 1988 (Cth), the Copyright Act 1968 (Cth) and any other applicable laws.
  10. 1. eBay reserves the right to produce the Advertisement in any way it sees fit, including by editing and professionally producing certain segments of it. eBay also reserves the right to not publish the Advertisement if it does not receive enough Content or it otherwise becomes unfeasible to do so.
  11. This Agreement constitutes and sets out the entire agreement between the parties relating to the subject matter of this Agreement and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to its subject matter.
  12. You acknowledge and agree that you have received valid and effective consideration for the transfer of rights, which may include promotion of business.
  13. These terms and conditions shall be construed and governed in all respects in accordance with the laws of New South Wales, Australia, and you consent to the exclusive jurisdiction of the New South Wales Courts to determine any matter or dispute which arises under these terms and conditions in accordance with the laws of New South Wales, Australia.