Alta
Grey Industries LLC
USER
GENERATED CONTENT SUBMISSION RELEASE
Submitter
hereby provides user generated content, which shall mean and refer to any
content, media, or materials, regardless of the tangible format, medium, or
form, including but not limited to electronic images, photographs, animated or
motion pictures, caricatures, likenesses, vocal or other sounds, video or audio
recordings, text, artwork, logos, graphics or visual effects, and to all
derivative works, translations, adaptations or variations of same, as well as
any accompanying correspondence, packaging, or other materials (collectively,
the “Content”) to Alta Grey Industries LLC. (“Alta Grey”), which directly or
through an affiliated entity is the owner and operator of InspireMeBaby.com
(“IMB”), under the terms and conditions contained herein (“Release”). Submitter
acknowledges that he/she has received adequate consideration for his/her
agreement hereunder, most notably the potential publicity and promotional value
to Submitter from Alta Grey’s possible Internet transmission, display,
publication, or other use and dissemination of the Content.
1.
The
undersigned Submitter grants Alta Grey a perpetual, worldwide, irrevocable,
non-exclusive, assignable, transferable, unqualified, unrestricted,
unconditional, unlimited, royalty-free, license for the use and exploitation of
the Content in any manner, including but not limited to the right to, publish,
perform, display, scan, edit, crop, merge, resize, view, broadcast, distribute,
reproduce, modify, translate create derivative works and/or duplicate of any
part of the Content, to incorporate it in other works, in any form, media or
technology now known or later developed, and to index, store or categorize the
Content by Alta Grey, IMB or their affiliated entities, or their respective
advertising agencies, third party suppliers or service providers, participating
advertisers, sponsors and promotional partners, or the officers, employees,
agents or representatives of each (collectively, the “Released Parties”) for
operational, advertising and/or publicity purposes relating to Alta Grey or for
any other lawful purpose, in any media now known or hereinafter invented
without any financial or other compensation. Under no circumstances will the
Released Parties be held liable or responsible to Submitter for the subject
matter or content of the Content or for the authorized or unauthorized use,
editing, viewing, publication, distribution, manipulation, and/or duplication
of the Content. Alta Grey is acting only as a host or conduit for the submitted
Content. Submitter understands and agrees that he/she has no right to approve
or control the manner in which the Content may be used or displayed.
2.
Submitter
further understands that the use and exploitation of the Content may subject
him/her to risk of notoriety, publicity, ridicule, scorn and/or indignity.
3.
Submitter
represents and warrants the following:
a.
Submission of the Content does not violate any agreement or understanding in
place with another party, including other organizations, and former or current
employers, or their policies and procedures or the like that govern Submitter.
b.
The Content is Submitter’s own creation and Submitter owns all rights in and to
the Content, including, but not limited to, trademark, copyrights, digital
rights and publicity rights. If Submitter is not the holder of such rights, the
Content either i) is in the public domain or ii) the holder
of such rights has validly and irrevocably granted to Submitter, in writing,
the right to grant the license set forth in this Agreement without restriction
and without compensation from Alta Grey. At Alta Grey’s request, Submitter will
provide a copy of such document evidencing the assignment of rights to
Submitter, unless the Content is in the public domain.
c.
The Content is not indecent, illegal, pornographic, sexually explicit,
harassing, threatening, tortious, abusive, hateful, embarrassing, offensive or
harmful to another individual or entity and does not contain material showing
aberrational behavior, graphic violence or drug abuse, and does not defame,
invade the privacy of, or infringe upon or violate any rights of any kind whatsoever
of any individual or entity.
d.
The Content does not violate any law, rule, or regulation of any governmental
entity.
e.
The Content is not subject to any obligation of confidentiality.
f.
Submitter has not accepted or agreed to accept, or paid or agreed to pay, any
money, service or other valuable consideration for the inclusion of any matter
in the Content.
4.
SUBMITTER
AGREES THAT HE/SHEWILL NOT MAKE ANY CLAIM OR ACTION, OR ALLOW OR AUTHORIZE ANY
THIRD PARTY TO MAKE ANY CLAIM OR ACTION ON BEHALF OF THE SUBMITTER, WITH
RESPECT TO THE CONTENT AGAINST THE RELEASED PARTIES. SUBMITTER HEREBY RELEASES,
DISCHARGES, HOLDS HARMLESS, AND INDEMNIFIES THE RELEASED PARTIES FROM ANY AND
ALL LIABILITY FOR ANY DIRECT OR INDIRECT LOSSES, CLAIMS, DAMAGES, ACTIONS,
DEMANDS, CAUSES OF ACTION, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’
FEES AND EXPENSES, NO MATTER HOW CAUSED, ARISING OUT OF OR OTHERWISE RELATING
IN ANY WAY TO ANY BREACH OR ALLEGED BREACH BY SUBMITTER OF HIS/HER AFFIRMATION,
UNDERTAKING, OR OBLIGATION OF THIS RELEASE, OR AS A RESULT OF THE BROADCAST,
DISPLAY, DISSEMINATION, OR USE OF THE CONTENT FOR ANY PURPOSE, INCLUDING, BUT
NOT LIMITED TO, ANY CLAIM OF COPYRIGHT INFRINGEMENT, INVASION OF PRIVACY OR
RIGHT TO PUBLICITY, AND SUBMITTER ACKNOWLEDGES THAT NONE OF THE RELEASED
PARTIES HAVE MADE ANY REPRESENTATION ORWARRANTY TO HIM/HER REGARDING THE
CONTENT.
5.
Submitter
understands that submission of the Content does not obligate Alta Grey to display,
publish or otherwise transmit, disseminate, promote or use the Content for any
purpose and that Alta Grey makes no claim that the Content is appropriate for
any audience or purpose. Submitter further understands that the Content will
not be returned.
6.
Submitter
understands that Alta Grey has the right to review or monitor any Content and
to edit, delete, reject, remove or modify, without notice to Submitter, any Content
that Alta Grey deems, in its sole discretion, to violate this Release or to be unacceptable
to Alta Grey, for any reason or for no reason whatsoever; provided, however,
that Alta Grey shall have no obligation or liability to Submitter or any third
party for failure to do so or for doing so in any particular manner. Alta Grey
also reserves the right to take down any Content if published on a website if Alta
Grey personnel receive a notice of any claim of infringement.
7.
Submitter
agrees that if Content is selected for display or dissemination, Alta Grey may use
Submitter’s full name, title of the Content, and e-mail address and/or
operation for the purpose of identifying, promoting and/or generating publicity
for Alta Grey and/or its designees, if such personally identifiable information
is provided to Alta Grey. Alta Grey will not disclose any other personally
identifiable information to the public, unless the Submitter consents to such disclosure
or reasonably believes that it is necessary to: a) conform to regulatory and
legal requirements or comply with the legal process; b) protect the safety and
security of its users, employees, or property; c) to defend the rights of the Alta
Grey Released Parties; or d) enforce this Release, any pertinent Additional
Terms and/or Privacy Policy, if applicable.
8.
Submitter
certifies that either he/she is eighteen (18) years of age or older or whatever
the legal age of majority (adulthood) is in the Submitter’s state of residence,
or alternatively, that he/she meets any age and/or residency eligibility for a
specific IMB event or promotion in which this Content is submitted for. In no event
will IMB knowingly accept content from persons under thirteen (13) years old
and any such submissions will be immediately deleted or destroyed.
9.
Submitter
understands that this Release is intended to be as broad and inclusive as
permitted by law, and Submitter agrees that if any portion of this Release is
deemed invalid, the remainder will continue in full force and effect.
