Share Your Story Grant and Release
BY MARKING THE CHECKBOX “I AGREE TO THE TERMS & CONDITIONS FOR SUBMITTING A STARLIGHT STORY” AND CLICKING THE “SUBMIT” BUTTON LOCATED ON THIS PAGE OF THE SITE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS SHARE YOUR STORY GRANT AND RELEASE (“AGREEMENT”) IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS DO NOT CLICK THE “SUBMIT” BUTTON.
1. Grant of Copyright. You hereby assign and transfer to Starlight Children's Foundation, its successors and assigns ("Starlight"): (i) the entire right, title and interest in the copyright of any images or video uploaded by you to the Site ("Submission"), (ii) any related copyright registrations and applications and any renewals and extensions of the Submission, (iii) all copyrights based upon, derived from, or incorporating the Submission, (iv) all rights to bring any causes of action, either in law or in equity for past, present, or future infringement based on the copyrights to the Submission (v) all rights corresponding to the Submission throughout the universe.
2. Grant of Publicity. You hereby irrevocably grant to Starlight the right, license and privilege to use your name, and the names of the individuals referenced in your Submission, your likeness, voice, performance, essays, personal story, personal characteristics, photographs and biography, in whole or in part, throughout the universe, in all formats and media now known or hereafter devised.
3. Publicity Release for Your Child. You agree that your Submission may contain your child’s name, likeness, artwork, voice, performance, essays, personal story, personal characteristics, photographs and biography. (“Your Child’s Materials”) You, as the parent or legal guardian, legally permitted to consent on Your Child’s behalf, irrevocably, waive, release and discharge all claims that your child now has or may, in the future, have against Starlight, including, without limitation, invasion of privacy or copyright claims arising out of Starlight’s use of Your Child’s Materials. Starlight, in its use of the Your Child’s Materials, agrees not to place any significant obligations on your child, such as to demand exclusivity or any other rights, other than the limited use of Your Child’s Materials for promoting and publicizing Starlight and its charitable activities.
4. Warranties. You warrant that: (i) you are the sole owner of the Submission, (ii) you have obtained all rights, licenses and authorizations necessary to enter into this Agreement, (iii) you have the right to grant all rights granted in this agreement, (iv) the Submission does not infringe on any trademark or copyright, violate any property rights, (v) the Submission does not contain any scandalous, libelous, or unlawful matter, and (vi) that by signing and performing this Agreement, you do not, and will not, violate or interfere with any other agreement.
5. Indemnity. You shall indemnify, hold harmless, and defend, Starlight against any and all claims, losses, liabilities, damages, settlements, expenses and costs (including, without limitation, attorneys’ fees and court costs) which relate to (i) this Agreement, or (ii) your breach of any representations, warranties, covenants or agreements contained in this Agreement. You agree to defend, indemnify, and hold harmless Starlight and/or its licensees against all claims, suits, costs, damages, and expenses that Starlight and/or its licensees may sustain by reason of any scandalous, libelous, or unlawful matter contained or alleged to be contained in the Submission or any infringement or violation by the Submission of any copyright, patent or other intellectual property right. The parties agree to submit any disputes arising out of this Agreement to binding arbitration. This Agreement cannot be terminated, rescinded, or amended hereafter except by written agreement. This Agreement and Release shall be exclusively governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws principles.