Contributor Terms and Conditions
These Contributor Terms and Conditions (“Terms”) govern my Submission (as defined below) to Wilder Toys, Inc. (“Company”), via http://theaudiogame.shop (the “Website”) or by any other means. I agree that I am 18 years or older and hereby acknowledge that by submitting a Submission to Company I agree to the following terms and conditions:
The subject of these Terms is any work of authorship I create and deliver to Company (“Submission”). I acknowledge that Company may edit the Submission, and make changes necessary to conform the Submission to Company’s use as provided for herein.
Grant of Rights.
I hereby grant Company the worldwide, exclusive, perpetual, irrevocable, royalty-free right and license to duplicate, reproduce, display, publish, and otherwise exploit the Submission, in and in connection with any game, and associated mobile application, created or licensed by Company (“Game”) and in connection with all advertising, promotion, social media, and business activities related thereto. These rights include Company’s right to sublicense its rights to further the purposes hereof. I understand and agree that this license further includes the right to capture and display still images from the Submission, to be used in connection with the Submission itself. I understand that I retain ownership of all applicable intellectual property rights including copyrights in the Submission. Company may use its own name(s), logo(s), imprint(s), and any other marking(s) in conjunction with its use of the Submission hereunder in any form and format. Nothing in these Terms will be interpreted to give Company any right, title, or interest in the copyrighted materials belonging to myself but for the rights to use the same as described in these Terms.
I understand and agree that Company will in no way be obligated or required to utilize my Submission in any manner, include my Submission in a Game, or to produce, release, market, distribute, or otherwise exploit a Game or my Submission, at any time in any format.
I acknowledge and agree that I will not receive any monetary compensation or remuneration from Company with respect to any grant of rights or matter referred to herein.
I grant Company the worldwide, perpetual, non-exclusive right and license to use and display my social media handle or username, as provided to Company by me, for any provision of credit in connection with the use and display of my Submission. I understand and agree that Company may, but is in no way obligated to, accord me credit in connection with the Submission, where used or displayed in the Game. Company will determine, in its sole discretion, the size, style, manner, prominence, and placement of such credit, if any.
Name and Likeness.
I hereby irrevocably grant to Company the worldwide, perpetual, non-exclusive right and license to use and permit others to use my name, likeness, and approved biography in connection with the use, promotion, and exploitation of the Submission hereunder.
I agree that I will not commit any act or do anything which might reasonably be considered: (i) to be immoral, deceptive, scandalous, or obscene; or (ii) to injure, tarnish, damage, or otherwise negatively affect the reputation and goodwill of Company or associated with the Game. I acknowledge that Company reserves the right, at its discretion, to delete my Submission and remove my Submission from any and all Games, as a result of actions contrary to the moral and ethical standing expected from this paragraph.
Warranties and Representations.
I represent and warrant that:
- I fully understand that agreement to these Terms, and binding legal obligations consistent with all the terms and conditions herein, is signified by clicking to agree on Company’s Website, or by submitting a Submission to Company in any format or media.
- All information provided by me in connection with the Submission is correct, complete, and current;
- I am the sole owner of or have properly licensed all rights in and to the Submission and each element made part of the Submission. I hold and will continue to hold all the ownership, license, proprietary, and other rights necessary to enter into, authorize, grant rights, and perform my obligations under these Terms. Upon the request of Company, I will furnish Company any documentation, substantiation, and releases necessary and reasonably required to verify and substantiate my compliance with any or all of the terms and conditions of these Terms, including, without limitation, the foregoing representations, warranties, and covenants;
- I have all necessary rights and permissions, including but not limited to name and likeness rights and permission to submit the Submission to Company pursuant to these Terms, from every individual featured or appearing in the Submission, and in the event any such individuals are minors I have irrevocable permission of the parents or duly appointed guardians of such minors. I have all necessary rights, permits, and releases for all locations, music, and background content included in the Submission;
- I am solely responsible for the filming, capture, editing, and creation of all aspects of the Submission, and no third party has or will have any claim to the Submission;
- All acts or actions featured in the Submission comply in all respects with all applicable laws, rules, and regulations and no individual or animal was harmed in connection with the Submission;
- There are no legal actions, liens, investigations, claims, or proceedings pending or threatened related to the Submission;
- The Submission does not violate or infringe any rights of any third party including, without limitation, intellectual property rights, rights of publicity or privacy, moral rights, or contractual rights; and
- I have the right to grant the rights granted herein, on behalf of myself and any other individuals appearing in the Submission, and will be bound by these Terms.
I acknowledge and agree that in furtherance of the rights granted herein I will execute any further documents, and will do all acts reasonably necessary, to effectuate fully the purposes and intents of these Terms.
I acknowledge and agree that my remedies hereunder will be limited to an action at law for damages and under no circumstances will I seek or be entitled to injunctive or other equitable relief for any reason pertaining to these Terms nor will I seek or be entitled to enjoin or restrain Company’s duplication, reproduction, distribution, publicizing, advertising, promotion, or other exploitation of the Game or Submission.
I indemnify and hold harmless the Company, officers, owners, employees, contractors, licensees, agents, successors, and assigns (“Company Parties”) of and from any and all charges, claims, damages, judgments, and expenses (including reasonable attorneys' fees and court costs) arising from the Submission or my breach or claimed breach of these Terms.
I, on behalf of myself and all individuals featured or appearing in the Submission, hereby release and hold harmless the Company Parties from all claims and expenses (including attorney’s fees) related to any Game or my Submission including, without limitation, intellectual property infringement, claims for invasion of privacy, infringement of my right of publicity, defamation, false light, and any other personal and/or property rights. I hereby agree to indemnify and hold harmless the Company Parties from any and all claims, demands, damages, and expenses related to any Game or my Submission and/or the grant of rights described herein.
I understand and agree that any dispute related to these Terms, the Submission, or the relationship between the parties that cannot be resolved by good faith negotiation will be submitted to mediation before a mutually agreed upon mediator in accordance with the Commercial Mediation Rules of the Canadian Arbitration Association in Montreal, Canada. In the event of any dispute that cannot be resolved through mediation, the resulting legal action may be brought exclusively in the courts located in the judicial district of Montréal, Canada and the prevailing party may collect its reasonable costs and expenses (including reasonable attorney’s fees) in connection with the dispute.
No Third Party Beneficiaries.
The terms, representations, warranties, and agreements of the parties set forth in these Terms are not intended for, nor will they be for the benefit of or enforceable by, any person or entity that is not a party to these Terms.
- These Terms constitute the entire agreement between the parties relating to its subject matter and supersede all prior agreements, if any, by or on behalf of the parties with respect to said subject matter.
- No modification, termination, or discharge of any provision hereof will be binding unless executed and confirmed in writing by Company.
- No term or provision hereof will be deemed waived and no breach excused unless such waiver or consent is in writing signed and dated by the party claimed to have waived or consented.
- If any provision of these Terms is found to be void, invalid, or unenforceable, such provision will be deemed severed and these Terms with such provision severed will remain in full force and effect to the extent permitted by law.
- These Terms will be interpreted and construed in accordance with the laws of the Province of Québec, Canada and the federal laws of Canada applicable therein, without regard to conflict of law provisions. I agree that any legal action or proceeding between me and Company will be brought exclusively in the courts located in the Judicial District of Montréal, Canada. Notwithstanding the foregoing, I acknowledge that Company will have the right to bring action against me in courts of competent jurisdiction in the jurisdiction in which I reside or are located: (i) to seek injunctive relief against me; (ii) to obtain a judgment against me where a judgment by the Montréal court will, or may not be, enforced by the jurisdiction in which I reside or are located; or (iii) to enforce in my jurisdiction a judgment obtained against me in the Montréal court.
- I acknowledge that these Terms are to be drawn up in the English language. Je reconnais avoir demandé que les présentes soient rédigées en langue anglaise.