Submissions: The term "Submission" herein shall include any materials or information submitted by you, including without limitation, your name, likeness, photographs, videos, writings, statements, audiovisual materials, music or other audio-only works, ideas or other material furnished by you to the Bettie Page Blog, located at www.bettiepageblog.blogspot.com, www.bettiepage.com, www.myspace.com/bettiepageblog or otherwise.
1. ORIGINALITY; RIGHTS:
(a) In submitting material to the Bettie Page Blog, you represent and warrant that (i) your entire Submission is an original work by you and you have not copied or used other works (such as dialogue from plays, recordings of musical works or clips from other videos, television programs or motion pictures) in or in connection with your Submission; (ii) no person or entity other than you has any right, title or interest in any part of your Submission; (ii) your Submission, the use thereof by the Bettie Page Blog, or the exercise by the Bettie Page Blog of any of the rights granted by you under this Agreement does not and will not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or any contractual rights; (iii) you have all the rights, licenses, permissions and consents necessary to submit the Submission and to grant all of the rights that your have granted to the Bettie Page Blog under this Agreement; and (iv) you have obtained all necessary permissions when photographing or filming any part of the Submission on private property not owned or controlled by you, where such permission is required.
(b) Upon request, you will provide the Bettie Page Blog with signed appearance releases and location agreements as the Bettie Page Blog may deem necessary in its sole discretion.
2. PEOPLE IN SUBMISSION: You represent and warrant that all persons who were engaged by you to work on the Submission or who appear in the Submission in any manner have given you their express written consent to submit the Submission for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, including, without limitation, the Internet and television, throughout the world, in perpetuity. If you include pictures of anyone in or with your Submission, you must have their written permission to include their image in or with the Submission. If you submit an image of someone who is under 18 years of age who is not your child, you must have the written permission of that child's parent or legal guardian. You further represent and warrant that anyone who was engaged by you or who appears in the Submission (i) has no claims for payment of any kind, including, without limitation, for royalties or residuals, arising out of any use, exhibition or other exploitation of the Submission; (ii) has no approval or consultation rights or any rights of participation with respect to any use, exhibition or other exploitation of the Submission; and (iii) was not engaged by you or anyone associated with the Submission under any union or guild agreement that results in any ongoing obligations resulting from the use, exhibition or other exploitation of the Submission.
3. AGE: You represent and warrant that (i) you are a legal resident of the United States; (ii) you are over the age of 13; (iii) you have reviewed and agree to comply with these Terms and Conditions.
4. NO PAYMENT FOR SUBMISSION: You understand that you will not be paid any money for submitting your Submission, for granting the rights to your Submission set forth in this Agreement to the Bettie Page Blog or for agreeing to the terms and conditions set forth herein.
5. RIGHTS GRANTED TO THE BETTIE PAGE BLOG:
(a) RIGHTS IN SUBMISSION: By sending the Bettie Page Blog your Submission, you hereby acknowledge and agree that you are granting the Bettie Page Blog, its licensees, successor and assigns, the perpetual and irrevocable, non-exclusive right and license to (a) reproduce, distribute, display, exhibit, host, cache, store, archive, index, categorize, comment on, tag, transmit, broadcast, stream, edit, alter, modify, synchronize with visual material, create algorithms based thereon, and transcode the Submission to appropriate media formats, standards or mediums; and (b) otherwise use, exhibit, exploit, sell, license, assign and otherwise transfer to third parties the right to use, exhibit and otherwise exploit the Submission (in whole or in part and as altered by the Bettie Page Blog in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter devised, in any media format or medium and through any media channels and for any purpose, including, without limitation, downloads, streams, in audio visual recordings, motion pictures, television programs, productions, advertising, promotion and publicity, including, without limitation, advertising, promotion and publicity, all without further notice to, consent from or payment to you. You waive any and all "moral rights" you may have in the Submission.
Without in any way limiting the foregoing, you acknowledge and agree that the Bettie Page Blog, its licensees, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to the Bettie Page Blog under this Agreement, and to display any advertising, publicity, promotional materials and distribution rights in connection with your Submission. You acknowledge and agree that the Bettie Page Blog, its licensees, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you to the Bettie Page Blog hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your Submission. Nothing in this Agreement obligates or may be deemed to obligate the Bettie Page Blog to exercise any of the rights granted by you to the Bettie Page Blog under this Agreement.
You grant the rights hereunder whether or not your Submission or any part thereof is actually used by the Bettie Page Blog. You acknowledge that your consideration for the rights you grant the Bettie Page Blog in your Submission is the possibility that the Bettie Page Blog or its designees' will review or use your Submission. You will not receive any further compensation of any kind for your Submission or the use thereof, and you will not receive credit for any use of your Submission. Your Submission will not be acknowledged or returned. You acknowledge and agree that your Submission is being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between the Bettie Page Blog and you by your submission of the Submission.
In addition to all of the legal and equitable rights and remedies available to the Bettie Page Blog in connection with this Agreement or your Submission, you acknowledge and agree that the Bettie Page Blog shall have the right, in its sole discretion, not to post the Submission on any website, to remove the Submission from any website on which it has been posted, and not to use, exhibit or otherwise exploit your Submission in any manner whatsoever. The Bettie Page Blog has no obligation to inform you of any decision not to post, to remove, or not to use, exhibit or otherwise exploit your Submission.
(b) USE OF NAME AND LIKENESS: By sending the Bettie Page Blog your Submission, you also consent to the recording, use and reuse by the Bettie Page Blog, its licensees, successors and assigns, of your name, voice, actions, likeness, appearance, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your Submission (collectively, "Personal Elements"), as edited, altered or modified by the Bettie Page Blog, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with the Bettie Page Blog.com or related website, in and in connection with any television programs and other productions, and in connection with advertising, promotion and publicity. You acknowledge and agree that the Bettie Page Blog, its licensees, successors and assigns, may use all or any part of your Personal Elements, and may make any changes that any of them may deem necessary, in their sole discretion, including altering or modifying them regardless of whether or not you are recognizable.
6. OTHER SUBMISSIONS: You recognize that other persons, including the Bettie Page Blog's own employees, may have submitted to the Bettie Page Blog or others, or made public, or may in the future originate and submit, or make public, materials that is similar or identical to your Submission. You acknowledge and agree that the Bettie Page Blog shall have the right to use such similar or identical materials, and that you will not be entitled to any compensation because of the Bettie Page Blog's use of such similar or identical materials. Nothing in this Agreement, or your submission of the Submission, shall be deemed to place you in any different position from any other member of the public.
7. INDEMNIFICATION AND RELEASE OF CLAIMS: You agree to indemnify and hold harmless the Bettie Page Blog, its parent, subsidiary and affiliated companies, each of their respective licensees, successors and assigns, and each of their respective officers, directors, agents, representatives and employees, from and against any and all claims, actions, damages, liabilities, losses, costs, and expenses of any kind (including, without limitation, attorneys; fees) which in any way arise out of or result from your breach of any of the representation, warranties or other terms or conditions of this Agreement or any use of your Submission or Personal Elements in accordance with this Agreement. You hereby release, discharge and hold harmless the Bettie Page Blog, its parent, subsidiary and affiliated companies, each of their respective licensees, successors and assigns, and each of their respective officers, directors, agents, representatives and employees (collectively, the "Released Parties"), from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys' fees) arising out of, resulting from, or by reason of this Agreement, your Submission, any of the Personal Elements or your participation or appearance in any program or advertising, including, without limitation, any use, exhibition or other exploitation of your Submission or any of the Personal Elements, your appearance in any program or advertising, or the exercise by the Bettie Page Blog or any of the other Released Parties, of any of the rights granted by you under this Agreement, on any legal theory whatsoever (including, without limitation, idea misappropriation, copyright infringement, personal injury, rights of privacy and publicity, false light, defamation, intentional or negligent infliction of emotional distress, or breach of contract).
8. RELEASE OF UNKNOWN CLAIMS: YOU ACKNOWLEDGE THAT THERE IS A POSSIBILITY THAT AFTER THE EXECUTION OF THIS AGREEMENT, YOU MAY DISCOVER FACTS OR INCUR OR SUFFER CLAIMS THAT WERE UNKNOWN OR UNSUSPECTED AT THE TIME YOU EXECUTED THIS AGREEMENT, AND WHICH, IF KNOWN BY YOU AT THAT TIME, MAY HAVE MATERIALLY AFFECTED YOUR DECISION TO EXECUTE THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY REASON OF THIS AGREEMENT AND THE RELEASES CONTAINED HEREIN, YOU HAVE ASSUMED ANY RISK OF SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS.
THIS AGREEMENT SHALL CONSTITUTE A FULL, FINAL, AND COMPLETE RELEASE, ACCORD AND SATISFACTION OF EACH AND EVERY RELEASED CLAIM THAT YOU HAVE OR MAY HAVE, AT ANY TIME, AGAINST ANY OF THE RELEASED PARTIES.
9. OTHER MATTERS: This Agreement constitutes our entire understanding with respect to its subject matter. If any provision of this Agreement or any document incorporated by reference is found by an arbitrator or a court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect, including without limitation, the ability to resolve all controversies and claims through arbitration, provided, however, that the aggregate of all such provisions found to be invalid or unenforceable does not materially affect the benefits and obligations of the parties to this Agreement as a whole. The Bettie Page Blog and its successors, licensees and assigns, will have the unlimited right to assign this Agreement and the rights granted by you under this Agreement at any time, in whole or in part, to any party. You will execute any documents (after being afforded a reasonable opportunity to review and confirm the same) and do any other acts as may be reasonably required by the Bettie Page Blog, with the Bettie Page Blog to bear reasonable expenses related to your execution of such documentation, provided the Bettie Page Blog is notified ahead of time and agrees to such expenses, to further evidence or effectuate the rights of the Bettie Page Blog as set forth in this Agreement. You appoint the Bettie Page Blog as your attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which you fail to execute (after being afforded a reasonable opportunity to review and confirm the same). the Bettie Page Blog will promptly furnish to you a copy of all such documents that the Bettie Page Blog executes on your behalf. The construction, validity, interpretation and enforceability of this Agreement will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules.
10. MEDIATION/ARBITRATION: PLEASE READ CAREFULLY. UNDER THIS SECTION 14, YOU ARE GIVING UP YOUR LEGAL RIGHTS TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT OR YOUR SUBMISSION.
IF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE BREACH OF ANY TERM HEREOF OR YOUR SUBMISSION CANNOT BE SETTLED THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO ENDEAVOR FIRST TO SETTLE THE CONTROVERSY OR CLAIM BY MEDIATION IN THE COUNTY OF LOS ANGELES BEFORE COMMENCING ANY PROCEEDINGS PERMITTED UNDER THIS PARAGRAPH. IF ANY CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, AS SET FORTH ABOVE, THEN THE PARTIES AGREE THAT IT SHALL BE RESOLVED BY BINDING ARBITRATION CONDUCTED IN THE COUNTY OF LOS ANGELES. ALL ARBITRATION PROCEEDINGS, INCLUDING DOCUMENTS FILED IN THE COURSE OF SUCH PROCEEDINGS, AND THE FACT THAT THE ARBITRATION IS BEING CONDUCTED, SHALL BE CONFIDENTIAL. THE ARBITRATOR'S DECISION SHALL BE CONTROLLED BY THE TERMS OF THIS AGREEMENT. YOU MAY COMMENCE AN ACTION AT LAW FOR THE SOLE PURPOSE OF ENFORCING AN ARBITRATION AWARD. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IN NO EVENT SHALL YOU HAVE ANY RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST THE BETTIE PAGE BLOG, ITS PARENT, SUBSIDIARY OR AFFILIATED COMPANIES, ITS LICENSEES, SUCCESSOR OR ASSIGNS, OR ANY OTHER PARTY ARISING OUT OF ANY USE OR NON-USE OF THE SUBMISSION. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT THE BETTIE PAGE BLOG MAY NONETHELESS (1) SEEK TO OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THIS AGREEMENT, AND (2) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH JURISDICTION. YOU MUST COMMENCE A FORMAL ARBITRATION PROCEEDING PURSUANT TO THIS AGREEMENT WITHIN SIX MONTHS AFTER THE DATE ANY SUCH CLAIM ARISES; FAILURE TO DO SO WITHIN THAT SIX-MONTH PERIOD SHALL BE DEEMED AN IRREVOCABLE WAIVER OF ANY RIGHTS YOU MIGHT HAVE PURSUANT TO THIS AGREEMENT WITH RESPECT TO ANY CLAIM AGAINST YOU.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS THAT YOU ARE GRANTING AND THE REPRESENTATIONS AND WARRENTIES YOU HAVE MADE IN THIS AGREEMENT. YOU FUTHER UNDERSTAND THAT YOU ARE GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR RIGHT TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT.