BD Media Inc owns and maintains meanclips.com (hereafter referred as Website). Content sellers (hereafter referred as Studios) can register on the Website and upload Content (video clips) for the sole purpose of allowing BD Media Inc to act as an agent for licensing rights to consumers who purchase Content. By registering with the Website, Studios agree to the following terms and conditions:
1. Types of Content
Only Content that is legal in all states in USA may be uploaded. The following types of content are NOT allowed:
a. No underage content. All actors must be 18 years or older.
b. No implied underage content. Clip content, titles or descriptions cannot imply that any actors are underage (using terms such as highschool, teen, child etc) even if the actors are above the legal age
c. No bestiality
d. No crushing of otherwise harming animals
e. No non-consensual sex
f. No sex and bondage in the same scene
g. No asphyxiation
h. No necrophilia. The actors may not appear to be dead.
i. No urination, scat or vomit
j. No hypnosis
k. No intoxication. The actors may not be or appear to be drunk or on drugs.
l. No blood
m. No fisting
n. No weapons, including knives and firearms of any type. This includes prop weapons.
The Studio agrees not to upload any content which is illegal and to only use the Website for lawful purposes.
It is the responsibility of the Studio to make sure that these rules are followed.
You understand that BD Media will review and monitor all content posted to the site, and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of BD Media violate this Agreement or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of any Member.
Copyright to all content uploaded to the Website is retained by the Studio. The Studio MAY NOT upload any content to which it does now own the copyright. Any Studio who uploads content to which it does not own the copyright will have it's stores closed and funds frozen. BD Media Inc shall have no obligation to enforce or prosecute copyright violations or any infringement.
The Studio MAY NOT use as it's username, store title, store description, clip title or clip description any third party's trademark right, copyright, or other proprietary right.
All content uploaded by the Studio shall be licensed to BD Media Inc in the following manner: by uploading the clips, the Studio grants BD Media a non-exclusive, royalty free, right to use the Content for any purpose, including publication, display, modification, and creation of derivative works. The Studio retains the right to revoke licenses to content by removing the content from the Website at any time. This grant of license does not effect any transfer of title to the Content or any copyright, trademark, patent or other intellectual property right to BD Media Inc. All copyrights remain the sole ownership of the Studio and the Studio is solely responsible for its intellectual property rights
BD Media Inc. will provide royalty free copies of the content to customers who purchase them.
BD Media Inc will send payments to the Studio according to an agreed upon payout schedule as a pre-agreed percentage of the sales of the Content. The Studio will have access to real time records in order to verify the amount of payment it will receive. The Studio agrees that it must earn minimum of $50 from the sales of Content before it will receive any payment.
In order to receive the payments, the Studio is required to:
a. On registration, provide BD Media Inc with accurate and complete information required on the registration form.
b. Provide BD Media Inc timely updates on any changes in Studio information. A form for ths is provided.
c. Not upload any content which violates any third party's copyright, trademark or other intellectual property right, which is illegal, which BD Media Inc in its discretion views as vulgar or offensive, which is intended to harass, threaten, embarrass or cause distress, unwanted attention, or discomfort upon another person or entity.
The Studio shall indemnify, defend and hold harmless BD Media Inc, its officers, directors, employees, partners, associates, affiliates, joint venturers, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages, expenses (including attorneys' fees and costs) and damages in consequence thereof. BD Media Inc reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, which shall not excuse the Studio's indemnity obligations.
a. BD Media Inc, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through BD Media Inc. From time to time the porting of particular content may not be feasible and BD Media Inc may remove any such content from the Website without any liability to the Studio. The Studio is responsible for assessing its own computer and transmission network needs, and the results to be obtained therefrom.
b. BD Media Inc makes no warranty that service will be uninterrupted, timely, secure, or error free.
8. Limitation of liability
The Studio acknowledges that BD Media Inc shall not assume or have any liability for any action by BD Media Inc or its affiliates and licensees with respect to the use of content. To the fullest extent permitted by applicable law, including but not limited to, negligence, BD Media Inc shall not be liable to the Studio for any indirect, incidental, special or consequential damages (including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if BD Media Inc has been advised of the possibility of such damages, in connection with BD Media Inc or with any other product or service provided by BD Media Inc , or resulting from the use of or the inability to use the Website or any transaction entered into through or from BD Media Inc , or from unauthorized access to or alteration of the Studio's transmissions, data, or account. The Studio specifically agrees that BD Media Inc is not responsible or liable to the Studio or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct or speech of any other party or any infringement or violation of another's rights, including intellectual property rights, rights of publicity, or rights of privacy.
Both BD Media Inc. and the Studio may terminate the Studio's account at any time andfor any cause. Upon termination, all Content uploaded by the Studio shall be removed.
If any term or provision of this Agreement is found to be unenforceable for any reason, this Agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.
11. Entire Agreement
The Studio acknowledges that the Studio HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. This Agreement comprises the entire agreement between BD Media Inc and the Studio, and supersedes any prior agreements. BD Media Inc reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Website. The Studio agrees to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to the Studio, the Studio may terminate the Studio as provided in Section 9. the Studio continued use of BD Media Inc following posting of the revised Agreement on the Website shall be deemed to be acceptance of all such revisions.