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By submitting material, whether in the form of a photo, license, text, video, animation, music or otherwise (the “Material), to WHITEHOUSE.ORG via a web-based submission form (ex: “OBAMACARE HORROR STORIES” @ http://whitehouse.org/obamacare-horror), you hereby grant to WHITEHOUSE.ORG / Americatastic Inc., its parents, affiliates, subsidiaries, assigns, employees, licensees (including, but not limited to, any networks, sponsors, marketing partners or exhibitors) and legal representatives (collectively, “WHO”) the irrevocable, perpetual, worldwide right to (a) copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, creative derivative works of, exhibit and otherwise use the Material (with or without any attribution of any kind) in any media throughout the world for any purpose, without limitation, and without additional review, compensation or approval by you or any other party , and (b) use and edit (and grant to others the right and license to use and edit) your name, likeness, persona, biographical material, nickname and voice contained in the Material, through WHO, WHO mobile apps, WHO satellite web and mobile offerings on third party social networks and any other products or services as WHO may designate, and any other Web sites not designated by WHO, in any medium now known or hereafter devised, online, on-air, or offline and by any means of delivery, for editorial, commercial, promotional and all other purposes. Full consideration for any rights given to WHO for material is hereby expressly acknowledged. You further agree not to instigate, support, maintain or authorize any action, claim, or lawsuit against the WHO, its designees or any other person, on the grounds that any use of the Material or any derivative works, infringes any of your rights, including without limitation, copyrights and moral rights. You further acknowledge that WHO is in no way obligated to publish or use your Material in any way. You further agree, upon WHO’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record such license rights. You further expressly acknowledge that WHO has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/ literary/artistic materials may be competitive with, similar to (or even identical to) your Material and that WHO shall have no liability to entrant or any third party in conjunction therewith.
You acknowledge and agree that the Material may be shown on any Web site, whether within or outside WHITEHOUSE.ORG, as well as broadcast on television and/or via any other medium and/or method, both existing today and in the future. WHO is not obligated to include the Material in this or any program, and WHO reserves the right to remove the Material for any reason at its sole discretion. In addition, WHO cannot guarantee that technical difficulties will not occur during the upload of the Material or that the Material will upload successfully. While you retain ownership of all right, title, and interest in the Material itself, you agree that WHO owns all right, title, and interest in any compilation, collective work, or other derivative work created by WHO using or incorporating, in part or in whole, the Material. If a person other than you is included in the Material and/or is the videographer of the Material, you must secure the written consent of such person upon your provision of such consent and its adequacy as determined by WHO in its sole discretion. You represent and warrant that:
- The Material does not and shall not infringe on any copyright and/or any other third-party right, and does not violate any applicable law or regulation.
- You have the right to grant any and all necessary rights and licenses provided herein, including, without limitation, all necessary copyright and other related rights to the Material, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy and/or publicity.
You specifically agree that this Material Release shall supersede the terms and conditions of Youtube.com, which may otherwise be in conflict with these terms and conditions.
You hereby indemnify and hold WHO harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees and expenses, arising from use of the Material and the exercise of rights granted above, including without limitation, from any liability in connection with violation of claims of copyright and/or any other claims of intellectual property interests, rights of privacy, publicity, defamation or any similar right, including false association or false endorsement. You waive any right to privacy. You waive any right to inspect or approve uses of the Material or to be compensated for any such uses. You hereby irrevocably waive any right to seek an injunction or other equitable relief. You hereby represent and warrant that you are at least 18 years of age and that you have read this release and are fully familiar with its contents.
You understand and agree that you are entering into this license electronically, which will have the same force and effect as a license agreement in writing. Your affirmative act of submitting your Material constitutes your electronic signature to this license.
You agree that this agreement is to be construed and enforced under the laws of the State of California. And you agree that only the courts in Los Angeles, California have adequate contacts to establish jurisdiction over any disputes arising from this agreement.