These Terms of Submission («Terms») govern the submittor’s («Licensor» OR “You”) irrevocable grant to HD Media Solutions Corp., its successors, affiliates, licensees and assigns (collectively, the “Company”) of the Licensed Rights (defined below) with respect to all or any part of the audiovisual work(s) hereby submitted by Licensor to the Company, including without limitation all intellectual property, images, identifiable characters and/or individuals, music, sounds, signage, statements, or other trademarks and logos, and all other rights depicted or contained therein (the “Content”).
ALL SUBMISSIONS BECOME THE SOLE PROPERTY OF THE COMPANY. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSION(S) OF THE CONTENT CONSTITUTES YOUR AGREEMENT AND INTENT TO BE LEGALLY BOUND BY THE TERMS HEREIN.
BY SUBMITTING THE CONTENT, YOU ACKNOWLEDGE THAT YOUR CONTENT MAY BE POSTED ON THE COMPANY’S WEBSITES, SOCIAL MEDIA PLATFORMS AND OTHER INTERNET CHANNELS, USED IN THE COMPANY’S PROGRAMMING, LICENSED/ASSIGNED TO OTHERS, OR USED AS OTHERWISE PROVIDED BY THE COMPANY, IN THE COMPANY’S SOLE DISCRETION. YOU FURTHER AGREE THAT THE OPPORTUNITY FOR THE CONTENT TO RECEIVE PUBLICITY IS THE SOLE AND SUFFICIENT CONSIDERATION DUE TO YOU AND THAT THE EXCLUSIVE LICENSE GRANTED BY YOU HEREIN SHALL BE AND REMAIN VALID AND IRREVOCABLE.
1.1 Grant of Rights.Subject to these Terms, Licensor hereby grants to the Company an exclusive, fully transferable and worldwide right and license to use, change, alter, edit, modify, add to, subtract from, and rearrange the Content and to exhibit, reproduce, publicly display, publish, distribute, transmit, broadcast, license others to reproduce and distribute, advertise, and promote through all media now known or hereinafter developed for any purpose whatsoever as the Company in its sole discretion may determine.
1.2 Waiver of Moral Rights. Licensor irrevocably waives, to the extent permitted by applicable law, all rights of paternity, integrity, attribution, disclosure, withdrawal, and any other rights that may be known as «moral rights» («Moral Rights») with respect to the use of the Content pursuant to these Terms. To the extent this waiver is not permitted by applicable law, Licensor hereby agrees not to enforce such Moral Rights against the Company and its permitted successors, licensees, and assigns.
1.3 Sublicensing. Licensor further grants the Company the right to grant sublicenses of the rights granted under Section 1.1 in its sole and exclusive discretion, including with respect to (a) the identity of any sublicensee, (b) the applicable
licensee fees or royalty rates, if any, and (c) other terms and conditions of the sublicense
1.4 Permissions. Licensor represents that he/she has obtained from all persons and entities who are, or whose trademark or other property is, identified, depicted, or otherwise referred to in the Content, such written and signed licenses, permissions, waivers, and consents, including those relating to publicity, privacy, and any intellectual property rights, as are or reasonably may be expected to be necessary for the Company to exercise its rights in the Content as permitted under these Terms, without incurring any payment or other obligation to, or otherwise violating any right of, any such person or entity.
(c) To Licensor’s knowledge, the exercise by the Company of the rights and license granted under these Terms will not infringe or otherwise conflict with the copyright, patent, trademark, trade secret, or other intellectual property rights of any other person or entity;
sado-masochistic abuse or bondage, genital mutilation, bestiality, urination, defecation, enema play, vomiting, or menstrual bleeding;
connection with any third-party claim, suit, action, or proceeding relating to any actual or alleged: (a) breach by Licensor of any representation, warranty, covenant, or obligation under these Terms, (b) infringement or other violation of any intellectual property or other personal or proprietary rights of any person or entity resulting from the use of the Content by the Company or (c) of Licensor’s failure to fulfill any other obligation under these Terms.
AND COMPANY ARISING FROM THESE TERMS INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, WILL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING TEXAS LAW, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ARBITRATION TAKES PLACE IN TEXAS,
EXCLUSIVELY. THE OBLIGATION TO ARBITRATE IS NOT BINDING UPON THE COMPANY WITH RESPECT TO CLAIMS RELATING TO ITS REQUESTS FOR TEMPORARY RESTRAINING ORDERS, PRELIMINARY INJUNCTIONS OR OTHER PROCEDURES IN A COURT OF COMPETENT JURISDICTION TO OBTAIN INTERIM RELIEF WHEN DEEMED NECESSARY BY SUCH COURT TO PRESERVE THE STATUS QUO OR PREVENT IRREPARABLE INJURY PENDING RESOLUTION BY ARBITRATION OF THE ACTUAL DISPUTE BETWEEN THE PARTIES
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