CARTOON HANGOVER SHOTS
Video Release Agreement
You are submitting a video ("Video") to Frederator Networks, Inc. ("Frederator") for participation in Frederator's "Cartoon Hangover Shots" program ("Program"). The Program will be exhibited on Frederator's YouTube channel, websites and social media. You must read and agree to this agreement ("Agreement") in its entirety by clicking the link below to Participate in the Program.
In exchange for promotional consideration in the Program and on Frederator's channels, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You hereby agree as follows:
1. Grant of Rights. You hereby irrevocably grant to Frederator, its licensees and/or assigns the non-exclusive right and license to use, copy, incorporate and reproduce the Video and excerpts thereof in the Program, in whole or in part, in and in connection with the production, broadcasting, promotion and exploitation of a Program and to publicly perform, exhibit, display, broadcast, transmit, stream and otherwise exploit the Video in the Program in perpetuity throughout the universe in any and all forms of media now known or hereafter devised, including, via the Internet, all forms of television, YouTube and other social media channels.
2. Video Submission. You understand and agree that You will not receive any compensation for submitting the Video to Frederator. You acknowledge that You are submitting the Video voluntarily. No confidential relationship, fiduciary relationship or other obligation of any type is created or implied by your submission of the Video to Frederator. You are not restricted in your ability to submit the Video to other companies. You agree that no obligation of any kind is assumed by or may be implied against Frederator because of Frederator's receipt or potential or actual review or use of the Video. The use of the Video in the Program shall be at Frederator's sole discretion, nothing herein shall obligate Frederator to use the Video in any manner. Any exercise by Frederator of any of its rights in and to the Video shall be without further obligation whatsoever (whether in the form of fixed compensation, royalties, re-use fees, or otherwise).
3. Release. You irrevocably release and discharge Frederator from any and all claims, demands damages or causes of action of any kind that You have or may hereafter have (whether for libel, violation of any right of privacy, publicity, any literary or property right, or any other right of any kind or nature whatsoever) arising out of or in connection with the use of the Video by Frederator. IN NO EVENT SHALL FREDERATOR BE LIABLE FOR LOST PROFITS OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT AND THE VIDEO, EVEN IF FREDERATOR HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
4. Warranties and Representations. By submitting a Video, You warrant and represent the following with respect to the Video: (a) You have the right to enter into and accept the terms of this Agreement; (b) You the sole and exclusive owner of the Video; (c) the Video is Your own creation and is 100% original; (d) the Video will not infringe on any rights of any third party, including but not limited to copyright, trademark, privacy, publicity and/or any other ownership or intellectual property right; (e) the Video does not violate any third party agreement (including any employment agreements); and (f) the Video does not contain material that is inappropriate, indecent, obscene, hateful or defamatory.
5. Indemnification. You agree to indemnify and hold Frederator, its affiliates, parent entities, licensees and assignees, and the respective officers, directors, agents and employees of same harmless from and against any and all claims, losses, or liabilities (including reasonable attorneys' fees) that may be asserted against Frederator or incurred by any of the foregoing entities at any time in connection with the Video or any use thereof, and/or arising from any breach of any representation made by You to Frederator.
6. Return of Video. You agree that Frederator will not be obligated to return the Video to you. Frederator is not responsible for lost, illegible, stolen, misdirected, technically corrupted Videos, or for problems of any kind whether mechanical, human or electronic. Proof of submission of a Video will not be deemed to be proof of receipt by Frederator. You have retained a copy of the Video, and You release Frederator from any and all liability for loss of or damage to the Video.
7. Ideas. You acknowledge that other third parties are submitting videos to Frederator for use in the Program and that said third parties may have used ideas and/or concepts in their Video that may be similar in idea or concept to Your Video. You acknowledge that Frederator's consideration and use of the Video is not an admission of the novelty of the idea and sometimes many of the videos submitted are not new to Frederator or are not original ideas. You understand and agree that You shall not have any claim against Frederator arising out any such similarity or be entitled to any compensation because of any such similarity. You further understand and agree that Frederator's use of independently developed material that may be similar to or identical with any Video or pre-existing design of Frederator, or that contains features or elements similar to or identical with those contained in any Video, will not obligate Frederator to negotiate with or secure any rights from You, nor will it entitle You to any compensation of any kind. You agree and acknowledges that nothing herein shall preclude Frederator from using any material in or similar to the Video without obligation to You, including, but not limited to, if Frederator has or has determined that it has an independent legal right to use such other material, including without limitation, because such features or elements were not new or novel, or were not originated by You, or were or may hereafter be independently created by or submitted to Frederator.
8. Assignment. You may not assign this Agreement without Frederator's prior written consent.
9. Choice of Law/Remedies. You hereby agree and acknowledge that with respect to any dispute related to the Video or the Program, You shall not be entitled to seek any form or injunctive relief and shall be limited to seeking a remedy at law for monetary damages. In the event of a dispute, the parties agree that this Agreement, shall be interpreted in accordance with the laws of the State of New York and the courts located in the State of New York, County of New York, shall have exclusive jurisdiction over all disputes hereunder.
10. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Video and may not be modified except by a writing signed by You and Frederator. You have read and understand this Agreement, and acknowledges that no oral representations of any kind have been made by Frederator. By clicking "Accept" and submitting the Video, You have accepted and agreed to this Agreement.
In exchange for promotional consideration in the Program and on Frederator's channels, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You hereby agree as follows:
1. Grant of Rights. You hereby irrevocably grant to Frederator, its licensees and/or assigns the non-exclusive right and license to use, copy, incorporate and reproduce the Video and excerpts thereof in the Program, in whole or in part, in and in connection with the production, broadcasting, promotion and exploitation of a Program and to publicly perform, exhibit, display, broadcast, transmit, stream and otherwise exploit the Video in the Program in perpetuity throughout the universe in any and all forms of media now known or hereafter devised, including, via the Internet, all forms of television, YouTube and other social media channels.
2. Video Submission. You understand and agree that You will not receive any compensation for submitting the Video to Frederator. You acknowledge that You are submitting the Video voluntarily. No confidential relationship, fiduciary relationship or other obligation of any type is created or implied by your submission of the Video to Frederator. You are not restricted in your ability to submit the Video to other companies. You agree that no obligation of any kind is assumed by or may be implied against Frederator because of Frederator's receipt or potential or actual review or use of the Video. The use of the Video in the Program shall be at Frederator's sole discretion, nothing herein shall obligate Frederator to use the Video in any manner. Any exercise by Frederator of any of its rights in and to the Video shall be without further obligation whatsoever (whether in the form of fixed compensation, royalties, re-use fees, or otherwise).
3. Release. You irrevocably release and discharge Frederator from any and all claims, demands damages or causes of action of any kind that You have or may hereafter have (whether for libel, violation of any right of privacy, publicity, any literary or property right, or any other right of any kind or nature whatsoever) arising out of or in connection with the use of the Video by Frederator. IN NO EVENT SHALL FREDERATOR BE LIABLE FOR LOST PROFITS OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT AND THE VIDEO, EVEN IF FREDERATOR HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
4. Warranties and Representations. By submitting a Video, You warrant and represent the following with respect to the Video: (a) You have the right to enter into and accept the terms of this Agreement; (b) You the sole and exclusive owner of the Video; (c) the Video is Your own creation and is 100% original; (d) the Video will not infringe on any rights of any third party, including but not limited to copyright, trademark, privacy, publicity and/or any other ownership or intellectual property right; (e) the Video does not violate any third party agreement (including any employment agreements); and (f) the Video does not contain material that is inappropriate, indecent, obscene, hateful or defamatory.
5. Indemnification. You agree to indemnify and hold Frederator, its affiliates, parent entities, licensees and assignees, and the respective officers, directors, agents and employees of same harmless from and against any and all claims, losses, or liabilities (including reasonable attorneys' fees) that may be asserted against Frederator or incurred by any of the foregoing entities at any time in connection with the Video or any use thereof, and/or arising from any breach of any representation made by You to Frederator.
6. Return of Video. You agree that Frederator will not be obligated to return the Video to you. Frederator is not responsible for lost, illegible, stolen, misdirected, technically corrupted Videos, or for problems of any kind whether mechanical, human or electronic. Proof of submission of a Video will not be deemed to be proof of receipt by Frederator. You have retained a copy of the Video, and You release Frederator from any and all liability for loss of or damage to the Video.
7. Ideas. You acknowledge that other third parties are submitting videos to Frederator for use in the Program and that said third parties may have used ideas and/or concepts in their Video that may be similar in idea or concept to Your Video. You acknowledge that Frederator's consideration and use of the Video is not an admission of the novelty of the idea and sometimes many of the videos submitted are not new to Frederator or are not original ideas. You understand and agree that You shall not have any claim against Frederator arising out any such similarity or be entitled to any compensation because of any such similarity. You further understand and agree that Frederator's use of independently developed material that may be similar to or identical with any Video or pre-existing design of Frederator, or that contains features or elements similar to or identical with those contained in any Video, will not obligate Frederator to negotiate with or secure any rights from You, nor will it entitle You to any compensation of any kind. You agree and acknowledges that nothing herein shall preclude Frederator from using any material in or similar to the Video without obligation to You, including, but not limited to, if Frederator has or has determined that it has an independent legal right to use such other material, including without limitation, because such features or elements were not new or novel, or were not originated by You, or were or may hereafter be independently created by or submitted to Frederator.
8. Assignment. You may not assign this Agreement without Frederator's prior written consent.
9. Choice of Law/Remedies. You hereby agree and acknowledge that with respect to any dispute related to the Video or the Program, You shall not be entitled to seek any form or injunctive relief and shall be limited to seeking a remedy at law for monetary damages. In the event of a dispute, the parties agree that this Agreement, shall be interpreted in accordance with the laws of the State of New York and the courts located in the State of New York, County of New York, shall have exclusive jurisdiction over all disputes hereunder.
10. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Video and may not be modified except by a writing signed by You and Frederator. You have read and understand this Agreement, and acknowledges that no oral representations of any kind have been made by Frederator. By clicking "Accept" and submitting the Video, You have accepted and agreed to this Agreement.