USER GENERATED CONTENT SUBMISSION RELEASE
The individual submitting the content in this form (“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 Zabby, LLC (“Zabby”), which directly or through an affiliated entity, is the owner and operator of the website to which the Submitter is uploading the Content 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 Zabby’s possible Internet transmission, display, publication, or other use and dissemination of the Content.
1. The undersigned Submitter grants Zabby 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 Zabby or its parents, affiliates, subsidiaries, or their respective advertising agencies, third party suppliers or service providers, participating advertisers, sponsors and promotional partners, or the officers, directors, shareholders, employees, agents or representatives of each (collectively, the “Released Parties”) for operational, advertising and/or publicity purposes relating to Zabby or its parents, affiliates, subsidiaries, 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, broadcast, publication, distribution, manipulation, and/or duplication of the Content. Zabby 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:
- 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.
- 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 holder of them 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 Zabby. At Zabby’s request, Submitter will provide a copy of such document evidencing the assignment of rights to Submitter.
- 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.
- The Content does not violate any law, rule, or regulation of any governmental entity.
- The Content is not subject to any obligation of confidentiality.
- 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/SHE WILL 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, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, 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 OR WARRANTY TO HIM/HER REGARDING THE CONTENT.
5. Submitter understands that submission of the Content does not obligate Zabby to display, publish or otherwise transmit, disseminate, promote or use the Content for any purpose and that Zabby 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 Zabby has the right to review or monitor any Content and to edit, delete, reject, remove or modify, without notice to Submitter, any Content that Zabby deems, in its sole discretion, to violate this Release or to be unacceptable to Zabby, for any reason or for no reason whatsoever; provided, however, that Zabby 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. Zabby also reserves the right to take down any Content if published website if the website or Zabby personnel receive a notice of any claim of infringement.
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 website or promotion in connection with which the Content is submitted. Content submitted by persons under thirteen (13) years old will not knowingly be accepted and will be immediately deleted or destroyed.
10. 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. Submitter further understands and agrees that this Release is to be interpreted under the laws of the State of New York or federal law, as applicable, and Submitter submits to the jurisdiction of the state and federal courts within the State of New York notwithstanding its conflict of laws provisions, and waives all objections to the jurisdiction or venue of such courts.
I, THE SUBMITTER, HAVE READ THE FOREGOING RELEASE AND BY CLICKING ON THE “SUBMIT” BUTTON, I REPRESENT AND WARRANT THAT I FULLY UNDERSTAND AND CONSENT TO THE CONTENTS THEREOF AND MEET ANY AGE AND/OR RESIDENCY ELIGIBILITY REQUIREMENTS.