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SimpliSafe Terms, Consent & Release for Video Sharing 

Non-Crime Related Videos; Authorizing Lawful Promotional and Other Uses

 

Updated August 2019

By accepting these terms, I indicate and acknowledge my consent for SimpliSafe to use the Shared Video Content I have identified via the SimpliSafe mobile app for all lawful promotional and other uses, as more particularly set out below, and that my consent and agreement to these terms is not a condition of purchase of any SimpliSafe products or services. In connection with this consent, and subject to its terms, I have agreed to release SimpliSafe from all claims and liabilities associated with its use of such Shared Video Content per the authorizations provided herein.  References to “I”, “you’ and “me” shall be understood to refer to the SimpliSafe customer accepting these terms.

Shared Video Content:  The following terms, consent and release apply to video clips and all content contained therein (including, without limitation, any video, images (including still images from video), audio or other commentary or metadata associated therewith) that have been (i) captured in connection with the use of SimpliSafe’s System(s) and related Services, and (ii) specifically identified by you for consent and approval for SimpliSafe to use for promotional purposes (collectively, the “Shared Video Content”), and is subject to these Terms, Consent & Release for Video Sharing (Non-Crime), and SimpliSafe’s Terms of Service, Website Terms of Use and Privacy Policy (collectively, “SimpliSafe’s Terms and Conditions”), the terms of which are incorporated herein by reference. Undefined capitalized terms used herein shall have the meaning ascribed to each in SimpliSafe’s Terms and Conditions.

Your Obligations with Respect to Shared Video Content:  As set out in SimpliSafe’s Terms and Conditions, you are solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the SimpliSafe System(s) or related Services (which explicitly includes the Shared Video Content). You represent and warrant that: (a) you have the right to post the Shared Video Content and grant the license set forth below, and (b) the posting and use of your Shared Video Content on or through the Services or Website (which includes, without limitation, SimpliSafe’s mobile applications) as contemplated herein shall not: 

(1) violate or infringe the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person;

(2) violate any law, ordinance, or regulation, including privacy and other laws referenced above and any applicable export control laws;

(3) be harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, depict any unlawful or criminal or otherwise objectionable activity; or

(4) jeopardize the security of your SimpliSafe account or anyone else’s.

You agree that you shall not submit and video content for sharing that is: (i) not owned by you or from an account not owned or registered to you without the express prior written consent of the respective owners, and (ii) in any way that violates any third-party right.

License Grant to SimpliSafe to Use the Shared Video Content:  You hereby grant SimpliSafe and its licensees an unlimited, irrevocable, fully paid and royalty-free, perpetual, worldwide right and license to use, re-use, distribute, store, delete, translate, copy, modify, display, sell, create derivative works from, use for any testing and analytical purposes, and otherwise exploit such Shared Video Content for any lawful purpose and in any media formats in any media channels without any additional compensation to you. For the avoidance of doubt, such permitted and licensed uses include, without limitation, any lawful marketing, promotional, advertising, offer, sale and trade activity, and through any manner, medium or format, electronic or otherwise.

Consideration for SimpliSafe’s Selection of Your Shared Video Content for Promotional Use:  In the event SimpliSafe uses your Shared Video Content for any public-facing promotional use (i.e. advertisement, social media post, post on public-facing website, etc.) you shall be awarded two free months of professional monitoring services (awarded in the months immediately following such use by SimpliSafe), and accept this as payment in full for such use. 

This consideration represents SimpliSafe’s payment in full for such rights and permissions herein provided, and I understand and agree that SimpliSafe shall have no further obligation to make any additional payments of any kind and no reporting or accounting regarding the use of the Shared Video Content by SimpliSafe is required.  If you cease being a SimpliSafe monitoring services customer at the time such free months of monitoring services are to be awarded, no additional consideration shall be due. Solely to the extent required under applicable law, in the event such consideration is not deemed adequate, SimpliSafe may substitute the then-current value of two months of monitoring service as payment for such consideration. 

General Release of Claims:  In consideration of the mutual promises set out in these Terms, Consent & Release for Video Sharing (Non-Crime), for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to the maximum extent permitted under applicable law, I hereby release, remise and forever discharge SimpliSafe, together with its respective affiliates, and its/their respective officers, directors, employees and those acting pursuant to its or their authority (collectively, the “SimpliSafe Released Parties”) from any and all liability for any violation of any personal or proprietary right I may have in connection with the use and sharing of my Shared Video Content, and for any third-party claims arising from the authorization to use and exploit the Shared Video Content, in each case, solely with respect to the uses explicitly permitted or authorized herein.

Acknowledgment:  I have read these Terms, Consent & Release for Video Sharing (Non-Crime) carefully and fully understand its contents.  These Terms, Consent & Release for Video Sharing (Non-Crime), together with the SimpliSafe Terms and Conditions incorporated herein by reference, constitute the entire agreement and understanding between the parties relating to its subject matter, shall be interpreted and enforced according to the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws principles, and to the maximum extent permitted under law shall be binding upon me and my assigns. If any term of these Terms, Consent & Release for Video Sharing (Non-Crime) is deemed invalid or unenforceable the remainder of this release will continue in effect.