Terms and Conditions
History In Your Own Backyard – DESCRIPTION, EXCLUSIVE GRANT OF RIGHTS APPEARANCE AND SHOOTER RELEASE CLIP
TO BE SIGNED BY PERSON WHO OWNS VIDEO/RECORDING OR SHOOTER OF VIDEO/RECORDING
In consideration of one or more of the following, such as the time and resources that History In Your Own Backyard, its affiliates, licensees, successors and assignees (referred to herein as “History In Your Own Backyard” “YOU” or “YOUR”) expends in evaluating the video (“video” as defined below) that I the undersigned (referred to herein as “I” or “me” , or “we” or “us” respectively) submitted to You, which is owned by me/us and/or in which I appear, for possible inclusion in the database “History In Your Own Backyard International,” the receipt and adequacy of which are hereby acknowledged, I irrevocably grant to You sole and exclusive ownership of all right, title and interest in and to the Video (Video as herein defined), (excluding any music owned by third parties, if any) regardless of the medium or method I used to submit the Video to You, or the medium or method by which the recording was made. As used herein, Video includes all forms of audio-video recording, and each element contained in the Video, including, without limitation, all copyright and other intellectual property rights therein or thereto, as well as all original materials created by me which are incorporated therein, including, without limitation, all audio and visual material, artwork, dialogue, music and musical compositions, literary material, etc. and all of my Person Rights (as defined below)contained therein (the “Video”).
Without limiting the foregoing grant of rights, I understand and agree that my grant to You also includes the exclusive right, license and permission to freely utilize and exploit the Video and/or any portion(s) thereof in any manner. In addition I grant You the right to use my name, voice, likeness, biographical information, appearance and performance in and in connection with the Video and/or the Programs, as “Programs” is defined below (collectively, the “Personal Rights”). My grant to You includes use of my Personal Rights and any use You may make of the Video, including, without limitation, any use of the Video in and/or in connection with, any version of “History In Your Own Backyard International,” and/or any other program(s), format(s), production(s), compilation(s), service(s), licensing, and/or exploited as an individual clip or part of a larger compilation of clips or portions or elements thereof, commercials, commercial tie-ins, product endorsements, product merchandising and/or merchandising of any kind, whether or not related to “History In Your Own Backyard International,” (collectively the “Programs”), and also includes, without limitation, the right to use the Video and the Personal Rights to publicize, advertise and promote any and all of the Programs and/or broadcaster’s or other applicable exhibitor’s or transmission entity’s respective programs, products or services, including transmission by satellite and over the Internet in any and all media, whether now known or hereafter devised, including, without limitation, all forms of home video, including, but not limited to, videocassettes, DVDs, digital recordings or transmission, etc.; theatrical motion pictures; compilations; printed media; the Internet, websites and any and all digitized versions, including, without limitation, any sponsored or commercial use in connection with online banner, “preroll,” “postroll,” and/or targeted advertising, graphic overlays and watermarking (and any other modifications or edits to the Video itself) digital and electronic devices (including, but not limited to gaming devices such as entertainment stations and handheld devices, such as, Nintendo, Playstation, Xbox, Gameboy, DS, PSP, and cell phones); all new media and future technologies and all forms of television, (e.g., free, pay, pay-per-view, cable, satellite or otherwise) throughout the universe in perpetuity and in any and all advertising, publicity and promotion relating to any of the foregoing (all of the foregoing, collectively referred to as the “Commercial Rights”). I also understand and agree that You may sell, assign or license Your rights hereunder (in whole or in part) to any third party in Your sole discretion and without providing any further consideration to me.
I am aware and acknowledge that new or changed rights and technologies, uses, media, modes of transmission, distribution, dissemination, exhibition or performance are being developed and will continue to be developed, discovered or recognized in the future, which may offer or create new rights and opportunities to exploit the Video and the Personal Rights (the “New Exploitation Rights”). I hereby grant and convey to You, without reservation, any and all New Exploitations Rights in and to the Video and to the Personal Rights, regardless of whether or not I am currently aware of or can foresee such uses.
I understand that You have not promised nor given any assurances that the Video or any portion thereof, is or will be included in any Program(s) or otherwise utilized, or that any portion of the Personal and/or Commercial Rights are or will be in any way exploited. I understand that upon my request to You at the address provided above, I have been or will be provided with a printed copy of the Rules. I also understand and accept that the Rules may be updated or changed from time to time at the sole discretion of History In Your Own Backyard International. The Rules are incorporated into this agreement by this reference. I also agree that in the event You receive any inquiry from a government agency or process from a court with jurisdiction over You in regard to the Video, its contents, You may supply a copy of the Video and any information regarding the Video and its submission. Further, I agree that the Video may be cut, edited, modified, added to, subtracted from, arranged, rearranged, shortened and revised for any reason and in any manner which You may in Your sole discretion determine, including without limitation, for reasons including for content, presentation and time, and to the extent decided by You in Your sole discretion, if at all, You may also add or modify the sound effects, music, voices, including host voiceovers and/or other elements of the Video, and You may use, adapt and modify the Video and/or the use of the Personal Rights or any portion or element of the foregoing and combine it with other materials in any Program(s). I hereby expressly waive on my behalf, and on behalf of my heirs, executors, administrators and assigns, any so-called “moral rights,” “droit moral” and any similar rights, laws and legal principles that may now or hereafter be recognized.
I hereby release, discharge and hold harmless You, Your affiliates, employees, officers, principals and directors Your licensees, grantees, successors and assignees, “History In Your Own Backyard International”, each of their respective parent, subsidiary and affiliated entities, and the respective officers, directors, employees and representatives of any of the foregoing (collectively “Releasees”) from and against any and all claims, whether at law or in equity, that I may have at any time (whether or not I am aware of any such claims), including, without limitation, claims for breach of contract, infliction of emotional distress, defamation, false light, common law or statutory misappropriation, invasion or other violations of any actual or purported right of privacy and/or publicity, and claims under equivalent federal or state laws arising from my submission of the Video to You and the exploitation of any or all of the rights granted to You hereunder, including, without limitation, the rights to the Video, the Commercial Rights and the Personal Rights (collectively, the “Released Claims”).
I understand and agree that all rights I may have under Indiana Civil Code and any similar law of any state or U.S. territory, any similar federal law, or any similar common law or principle of similar effect, are hereby expressly waived. I acknowledge and understand that said section reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
I acknowledge that I may hereafter discover claims in addition to the ones released in this agreement, and I hereby expressly release You from any such unknown and/or unsuspected claims.
I understand that nothing shall require You to include Myself, anyone affiliated with Me or the Video in any Program or to broadcast or otherwise exhibit the Program(s) in any media and that all such matters are within Your sole discretion. I acknowledge that, in the event of a breach of this agreement by You or any third party, the damage, if any, caused to me thereby will not be irreparable or otherwise sufficient to entitle me to seek or obtain injunctive or other equitable relief. I acknowledge that my rights and remedies in any such event will be strictly limited to the right, if any, to recover damages in an action at law, and I will not have the right to enjoin the production, exhibition, distribution or any other exploitation of the Programs, the Video or any allied rights granted herein with respect thereto, nor to revoke or otherwise impair any of the rights granted to You herein.
I affirm that I have never submitted nor granted any right to the video to any other television or media entity, any website or internet service or operator/provider or to any third party.
I represent and agree that from the date of my submission of the Video to You, other than as may be stated in this agreement, I have not, and shall not ever submit, or attempt to grant any rights in or to the Video, to any other party including without limitation, any television or media entity, except by private transmission to my family solely for their own private use and with no other rights granted to the Video.
I represent and warrant that I have not violated and will not violate any provisions of Section 507 of the Federal Communications Act which makes the acceptance of payment of money or other consideration for the inclusion of matter in a program a criminal offense in violation of Section 507.
I represent and warrant that: (1) a) I am the sole and exclusive owner of the Video because: (i) I shot the Video or (ii) I am the submitter of the Video and the shooter of the Video has transferred all copyright in the Video to Me; b) I have the full right and authority to enter into this agreement and to grant all rights granted herein; and c) I have not granted any third parties any rights to the Video except as specifically disclosed in writing in this Release and I agree I will not take any action to impair the rights I am granting to You; (2) the making, exhibition, distribution and/or other exploitation of the Video in connection with any Program(s) does not violate or infringe the rights of others or constitute a defamation or invasion of my or their privacy or right of publicity; (3) have not falsely identified any individual involved in the shooting of the Video or any individual whose appearance or voice is incorporated in the Video; (4) I have obtained all necessary consents and permissions required for You to exploit the rights granted to You hereunder including, inter alia, any and all intellectual property rights of third parties, all personal appearance/ privacy consents and or releases of anyone identifiable in the Video, all location rights and/or releases, and any other rights and/or releases necessary for Us to fully exploit the rights granted hereunder (excluding any music owned by any third parties, if any) and that all executed third party consents and/or releases which I provide to You contain true and accurate contact information for the signing party(ies) and have been actually signed by the legal owner of the rights being granted to You pursuant to such consents and/or releases; and (5) the Video and its use by Us does not fall under the jurisdiction of any guild or union (for example, the DGA, SAG, AFTRA, the WGA, etc.). I hereby agree to indemnify, defend and hold You and “History In Your Own Backyard International, their respective parent, subsidiary and affiliated entities and the respective officers, directors, employees and representatives of each of the foregoing entities, companies, and organizations and any and all other related person(s) or entity(ies), harmless against any and all losses, claims, debts, demands, liabilities, attorneys’ fees and expenses, and all other damages or costs arising from or related to: a) any breach of the representations or warranties made herein or the falsity of any of such representations or warranties, including, without limitation, any and all claims by third parties that their signature(s) has or have been forged or otherwise obtained by any improper means; and b) the use by Releasees of any of the rights and permissions I have granted herein.
I understand and agree that You may assign Your rights hereunder in whole or in part to any person, firm or corporation, and such rights may be assigned again by any assignee thereof. I understand and agree that I may not grant or purport to grant to any third party the rights granted to You under this Release. This Release will be governed by and construed under and in accordance with the laws of the State of Indiana. Except for certain types of disputes described in the arbitration section of the Terms of Use, I hereby consent and agree to the exclusive jurisdiction of the federal and state courts of the State of Indiana located in the County of Dearborn, in connection with any lawsuit, action or proceeding arising out of or related to this agreement, the use of the Video, and/or to any rights granted hereunder.
I agree to execute any additional documents which You may from time to time submit to me to evidence, establish, maintain, protect, enforce or defend Your exercise and full exploitation of any of the rights I have granted herein including without limitation, Your right, title and interest in and to the Video or any portion or element thereof. If I fail to execute and deliver such documents, it no way invalidates the rights granted herein and further, i hereby appoint You as my attorney-in-fact, with full right of substitution and delegation, to execute any such documents in my name and on my behalf to effectuate the purpose of this agreement, such power being irrevocable and coupled with an interest.
This agreement constitutes the entire understanding between You and Me, and supersedes all prior negotiations, understandings and agreements, whether written or oral, pertaining hereto and cannot be modified except in a written document signed by You and Me. Any waiver of any term of this agreement in a particular instance shall not be a waiver of such term for the future. If any provision, term or condition of this agreement is held invalid or otherwise unenforceable, the validity and enforceability of the remaining provisions, terms and conditions shall not be impaired thereby. This agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute one and the same instrument, respectively.
I declare under penalty of perjury under the laws of the State of Indiana and of the United States that all statements made by me in this agreement are true and correct, that the name below is my legal name, and that the signature below is my legal signature.
I understand and am bound by all terms contained in this agreement. Further, I understand that You would not further evaluate the Video without this agreement and that should You include the Video or any portion thereof in any Program(s) or exercise any other rights granted hereunder, You will be doing so in reliance on this agreement.
