Terms

TERMS OF USE

Updated: September 30, 2022

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE WAIVERS OF RIGHTS, LIMITATIONS OF LIABILITY, AND YOUR INDEMNITY TO US. THESE TERMS OF USE ALSO REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, WAIVING YOUR RIGHT TO A JURY TRIAL AND CLASS ACTION RELIEF.

You are accessing and using a site provided by Cosgrove Meurer Productions, Inc. or its parent, subsidiaries or affiliates (collectively, “CMP,” “we,” “us,” or “our”) which is subject to these Terms of Use.

ACCEPTANCE OF TERMS

These Terms of Use are a legally binding Agreement between you and CMP and govern your use of our websites, services, and applications (each a “Site” or collectively, the “Sites”) in connection with which these Terms of Use are posted or from which they are linked (collectively, the “Service”).

BY ACCESSING THIS SITE YOU AGREE TO BE BOUND BY THE TERMS OF USE BELOW. THESE TERMS OF USE ARE SUBJECT TO CHANGE WITHOUT NOTICE FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS OF USE BY POSTING THEM TO THIS SITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS SITE.

Certain products or services offered by this Site may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

CONTENT ON THE SITES

Access to Content. This Site and the content and materials contained on this Site (collectively, “Content”) are protected by copyrights, patents, trade secrets and/or other intellectual property and proprietary rights under the laws of the United States and other countries. You may not use this Site for any purpose that is unlawful or prohibited by these Terms of Use and/or any applicable Additional Terms. Your access to this Site may be terminated immediately for any reason in our sole discretion, with or without notice, including if you fail to comply with any provisions of herein and/or Additional Terms.

User Content. By uploading, providing or otherwise making available any photographs, videos, and/or written materials including captions and stories (collectively, “Your User Content”), you represent, warrant, and covenant that:

  • You wholly-own Your User Content or have the sole and exclusive right to permit CMP (including Unsolved Mysteries and com) to use, reproduce, edit, prepare derivative works of, publicly display, publicly perform, publish, distribute and otherwise exploit Your User Content (in whole or in part), your name and any other information provided or otherwise made available in connection with Your User Content) without obligation or liability to you or any other party whatsoever. This includes the right to sublicense any or all of such rights to third parties. We may require “reasonable proof of ownership” of Your User Content.
  • You grant to CMP (including Unsolved Mysteries and unsolved.com) the non-exclusive, perpetual, irrevocable and unconditional right to describe, relate, publish and/or exploit Your User Content in such manner as CMP shall elect, in whole or in part, on the Sites and in print and electronic form or in any other media now or hereafter known or devised (including books), and in related products and services in connection with any exploitation thereof (including clothing, bumper stickers, mugs, toys, posters and other printed materials, , throughout the universe in perpetuity, and in any advertising, promotion and publicity related thereto in all media now existing or to come into existence in the future (including social media). You agree that CMP shall have the right to edit, change, add to, take from, rearrange, vary, embellish, alter, modify, revise, translate, reformat and/or reprocess Your User Content in any manner CMP may in its sole discretion determine and to use them as CMP in its sole discretion may determine and to make derivative works of the same, in whole or in part without notifying you and without obligation to you (however, CMP has no obligation to make us of any of Your User Content). You hereby waive any right to inspect or approve the final display or any other exploitation of Your User Content now or in the future, whether that use is known to you or unknown, and you waive any right to royalties or any other compensation arising from or related to the use of Your User Content. Additionally, you waive any right to sue even if what you feel was created was defamatory.
  • You give CMP the right to make visual and audio recordings of you, with the irrevocable right to use such recordings as well as your name, voice, appearance, activities and experiences and any other information you provide or otherwise make available to us, including in connection with com. Such use includes promotions, publicity and advertising.
  • You have the right to enter into this Agreement and to grant, without the consent of any third parties, all the rights and licenses herein granted; that you have not exclusively granted or assigned or otherwise transferred any such rights to any third parties; and that there are no claims, litigation or other proceedings pending or threatened which could in any way impair, limit, or diminish the rights granted to CMP hereunder.
  • You, on behalf of yourself, your successors, heirs, representatives and assigns, will not assert a claim or maintain an action or suit and will not consent to or otherwise support the assertion or maintenance by others of any claim, action or suit (including claims, actions or suits for invasion of your rights of privacy, rights of publicity, defamation or rights in the nature of “droit moral”) of any kind on account of the exercise by CMP of any of the rights herein granted or agreed to be granted to CMP.
  • If any minors appear in Your User Content, you are a parent or duly appointed guardian of such minors or have the irrevocable permission of the parents or duly appointed guardian(s) of such minors to grant the rights set forth herein to CMP on behalf of such minors.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

For questions regarding our compliance with the Digital Millennium Copyright Act, or if you are a copyright owner or an agent thereof and believe that any content on this Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act by following the steps listed in our DMCA policy.

PRIVACY

Your use of the Sites is also governed by our Privacy Statement, which is incorporated into and is part of these Terms of Use by reference.

INDEMNIFICATION

You shall indemnify and defend, and hold CMP and its parent, subsidiaries and affiliates and its and their respective directors, officers, employees, representatives, consultants, agents, suppliers, and partners harmless from and against any and all liability, losses, damages, costs, expenses (including attorneys’ fees and court costs), judgments and penalties arising out of, resulting from, based upon or incurred because of the breach of these Terms of use (including any representation, warranty or agreement made by you hereunder and with respect to any claims that you lack the authority to grant all of the rights to Your User Content as provided herein (including rights of third parties and minors)).

NO EQUITABLE RELIEF

You acknowledge and agree that you will have no right to terminate, rescind, restrict or otherwise interfere with any rights granted by you hereunder (whether to Your User Content or otherwise) or to enjoin the publication, production, exhibition, distribution or other exploitation of any work based thereon (including any derivative works and other ancillary products or services).

DISCLAIMER; LIMITATION OF LIABILITY

IN NO EVENT WILL CMP BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR USE OF ANY SITE OR CMP’S REMOVAL FROM ANY SITE OF, OR DISCONTINUATION OF ACCESS TO, YOUR USER CONTENT. WITHOUT LIMITING THE FOREGOING, THE SITES AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, CMP’S TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS OF USE OR IN RELATION TO THE SERVICE, INCLUDING FOR ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED (WHERE APPLICABLE), IS LIMITED TO US$100. CMP DOES NOT NOW AND SHALL NOT IN THE FUTURE HAVE ANY DUTY OR LIABILITY, DIRECT OR INDIRECT, VICARIOUS, CONTRIBUTORY, OR OTHERWISE, WITH RESPECT TO THE INFRINGEMENT OR PROTECTION OF YOUR INTELLECTUAL PROPERTY RIGHTS, IF ANY, WITH RESPECT TO ANY SUBMISSION OF YOUR USER CONTENT.

DISPUTE RESOLUTION; BINDING ARBITRATION

Choice of Forum. You agree that any cause of action you or CMP bring to enforce these Terms of Use and/or the Additional Terms, or in connection with any matters related to this Site, the Service and/or the Privacy Statement, shall be submitted to arbitration in the County of Los Angeles, State of California, United States of America in accordance with the commercial rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, who shall be a retired judge, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence.

The arbitrator’s decision shall be controlled by the terms and conditions of these Terms of Use and any other agreements you may enter into with CMP, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. Each party expressly waives any right to a jury. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction.

These Terms of Uset shall bind your heirs, administrators, representatives, executors and assigns forever. You shall have the right to assign any or all of your rights hereunder to any person, firm or entity in your sole discretion. You may not assign these Terms of Use to any third party, and any purported attempt to do so shall be deemed null and void ab initio.

Applicable Law and Venue. These Terms of use and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.

GENERAL TERMS

No Waiver. The failure of either party to insist upon strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

Provisions Severable. If any term of these Terms of Use is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.

Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CMP as a result of these Terms of Use or your use of any Site or the Service.

Notices. You agree to receive notices via the email address that you provided via the Site.

Site Operations. This Site is governed by and operated in accordance with the laws of the United States of America.  We make no representation that this Site is governed by or operated in accordance with the laws of other nations.

Entire Agreement. This Agreement incorporates the following agreements and policies by reference:

Except as set forth above, links to pages on the Site or any third-party materials are for convenience only and do not form part of these Terms of Use. Unless expressly provided otherwise, these Terms of Use are the entire agreement between you and CMP with respect to the use of this Site and shall not be modified except in writing, signed by an authorized representative of CMP. Any changes will be posted to the Site and will apply prospectively.

Note that when we use the terms “include” or “including” throughout these Terms of Use, we mean “including, but not limited to” but do this for ease of reading.

CONTACT US

For questions regarding these Terms of Use or complaints about content, including complaints arising state or federal law involving unsolved.com, please contact us at:

Unsolved

Attn: Legal Department
4303 W. Verdugo Ave.
Burbank, CA 91505
unsolved@unsolved.com