Submitter’s Terms and Conditions I (as the “Submitter”) am making a submission of material / content (the “Material”) to and for the benefit of MiniFlyxTV (“MiniFlyx”) pursuant to this agreement (this “Agreement”). Intending to be legally bound, in consideration of the potential publicity and promotional value to Submitter of MiniFlyx’s possible use or other further dissemination of the Material, and to induce MiniFlyx to possibly showcase the Material, Submitter is providing the Material to MiniFlyx pursuant to the following terms and conditions: MiniFlyx will show the film in its entirety and may not edit, alter, combine excerpts in a compilation with other content, or adapt in any way. Of course there is no problem with them offering the complete film in a compilation with other complete films, but MiniFlyx can’t edit it to be part of other films. The film must always be offered with the full credits. Any online listings of the film must have the full title and the full credits.
- Submitter hereby irrevocably grants to MiniFlyx a non-exclusive, transferable, royalty-free license to publicly perform, publicly display, broadcast, transmit, showcase and distribute the Material, for free, for a fee or for sale, via any medium (including without limitation terrestrial radio, satellite radio, the Internet), in any manner, by any means, whether now known or hereafter devised. Submitter waives any potential claims against MiniFlyx or any of its affiliates with respect to any such usage of the Material. The non-exclusive license is for five years and can be renewed by mutual agreement.
- Submitter represents, warrants and covenants the following:
- Submitter is at least eighteen (18) years of age.
- The submission of the Material, entering into this Agreement and MiniFlyx’s use of the Material in accordance with the terms of this Agreement, (i) does not violate the rights of any third party; and (ii) will not result in a breach of, and does not otherwise violate, any agreement or understanding with another party (including without limitation former or current employers of Submitter), or any policies and procedures that govern Submitter.
- Either: (i) the Material is Submitter’s own creation and Submitter owns all rights in and to the Material; or (ii) Submitter has obtained all necessary rights to submit the Material to MiniFlyx and to enter into this Agreement.
- The Material is not obscene, indecent, does not defame, invade the privacy of, or infringe upon or violate any rights of any kind whatsoever of any individual or entity.
- The Material does not violate any law, rule, or regulation of any governmental entity.
- The Material 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 Material.
- Submitter will indemnify and hold harmless MiniFlyx, and its affiliates, parent companies, subsidiaries, officers, shareholders, directors, members, managers, employees, agents, representatives, successors, and assigns (collectively “MiniFlyx Entities”) against any and all loss, liability, claims, damages and other expenses, including reasonable attorneys fees, arising from: (a) MiniFlyx’s use of the Material under this Agreement; (b) any act or omission by Submitter; and (c) any breach of Submitter’s representations and warranties in this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, United States of America, without application of conflict of laws principles. Submitter agrees that all disputes arising under this Agreement will be litigated and adjudicated exclusively in State and/or Federal Court located in the State of Nevada, United States of America.
- Submitter understands and agrees that in the exercise of the rights granted to MiniFlyx in this Agreement, MiniFlyx or its designees may, at their election, at any time and from time to time, exploit and turn to account any and all rights granted to MiniFlyx hereunder, and the Material provided by Submitter, in any manner and by any means, whether now known or hereafter devised, including without limitation, by way of streaming, webcasting, podcasting, radio broadcasting or otherwise.
- Submitter understands that submission of the Material to MiniFlyx does not obligate MiniFlyx to use the Material.
- Submitter agrees that if Material is selected for use by MiniFlyx, MiniFlyx may use Submitter’s full name, title of the Material, and city and state of residence and/or operation for the purpose of identifying, promoting and/or generating publicity for the usage. Except to the extent contained in the Material, MiniFlyx will not disclose any other personally identifiable information to the public, unless it is necessary to: (i) conform to regulatory and legal requirements or comply with the legal process; (ii) protect the safety and security of its users, employees, or property; (iii) to defend the rights of the MiniFlyx Entities; or (iv) enforce this Agreement.
- For purposes of this Agreement, “Material” shall include all elements of the submission, including any music or other copyrighted elements that may be contained therein.
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