I am submitting the visual and vocal material (the “Submitted Material”) uploaded to you, SLiC, for possible use by you in connection with your website and otherwise, pursuant to the following agreement, the provisions of which I evidence my agreement to by uploading the Submitted Material. I acknowledge the receipt of good and valuable consideration for my grant of rights, representations and warranties herein:
I acknowledge that I am submitting the Submitted Material voluntarily and not in confidence, and that no confidential relationship is intended or created between us by the submission of the Submitted Material. Accordingly, you may use any part of the Submitted Material without liability to me.
- I warrant that the Submitted Material is original with me and that no one else has any right to it, and that as of the date hereof and forever thereafter you:
- will have the right to use the Submitted Material in any manner or fashion and to create and prepare any and all “Derivative Work(s)” (as defined in the US Copyright Act) based upon the Submitted Material and upon any other Content (as defined below), exhibit, publish, and/or publicly perform that Submitted Material and Content throughout the universe, by any manner or means and in any form of media now known or hereinafter devised, in perpetuity on a non-exclusive, royalty-free basis. The foregoing grant of rights shall be irrevocable, and you shall have the right to assign all or part of your rights hereunder to any entity or person, and any assignee shall have the right to further assign. “Content” shall mean any content including, but not limited to, my name, still photographs and likenesses, audio-visual segments or other video footage, film, sound, recordings, image, and drawings.
- I hereby represent and warrant your use of the Submitted Material and Content: (i) does and will not infringe or misappropriate any rights of any third party - including but not limited to, any intellectual property rights; and (iii) was created in accordance with all applicable laws and any third party agreements that may govern said Submitted Material and content.
- I agree that I must give you written notice by certified or registered mail at your address, as set forth in the address portion of this Agreement, of any claim arising in connection with the Submitted Material or in connection with this Agreement within 30 calendar days after I acquire knowledge of the claim.
- Any controversy arising from or relating to this Agreement, will be conclusively determined by arbitration pursuant to California law and the rules of the American Arbitration Association (“AAA”) to be held in Los Angeles, California, and our arbitrator will be a lawyer experienced in entertainment law mutually selected by us; if we cannot agree on an arbitrator, we will accept any lawyer designated by AAA who will agree to arbitrate the controversy in accordance with AAA rules. The arbitrator's decision shall be controlled by the terms of this Agreement. No award may exceed: $2,000.. I agree that I can suffer no damages in excess of these amounts from your use of the Submitted Material or Content or for any other claim with respect to it. Judgment upon the award may be entered in any court having jurisdiction. Although I may commence an action at law for the sole purpose of (1) enforcing or interpreting this Agreement, or (2) enforcing an arbitration award, my remedy is limited to money damages, and I waive the right to seek any other relief at law or equity (whether injunctive relief or otherwise) with respect to the Submitted Material, Content or this Agreement.
- I have retained a copy of the Submitted Material submitted to you, and I release you from liability for loss of or damage to the Submitted Material.
- This Agreement constitutes our entire understanding. Any modification or waiver must be in writing, signed by both of us. The invalidity of any provision will not affect the remaining provisions. This Agreement applies equally to any other material that I may submit to you, unless agreed in writing to the contrary at the time of the submission.
- No termination of this Agreement and no acts with respect to the Submitted Material (such as your returning it to me) will be deemed to affect our respective rights under this Agreement (including those as to amount of compensation, agreement to arbitrate, and time for bringing any action), and all rights will survive any termination or acts. I may not rescind or terminate this agreement.