USER CONTENT SUBMISSION AGREEMENT.
When you submit your content to Massive Dynamics for the purpose of distribution & promotion, you are signifying your agreement with and acceptance of all terms and conditions of this Submission Agreement as well as the terms and conditions contained in Massive Dynamics of Use Agreement that govern your legal and contractual relationship with Massive Dynamics.
SUBMITTING USER CONTENT.
The term “User Content” means and refers to any and all content, media and materials you submit to Massive Dynamics for distribution using the User Content Submission Features, including, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world.
Each time you upload or submit User Content (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Submission Agreement. To be considered for posting and display to the public, User Content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission.
When you submit User Content you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the User Content, length, your location and/or similar information. By submitting User Content, you are also agreeing and you understand that the term “User Content” also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your submission. Always keep a copy of anything you send because we are not responsible for lost, damaged, misdirected, unusable or unreadable User Content. Proof that you submitted User Content does not constitute proof that we received anything.
RIGHTS GRANTED TO MASSIVE DYNAMICS.
In connection with all User Content you submit using the User Content Submission Features, you grant to Massive Dynamics, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Content on the Site (regardless of the Device through which the Site may be accessed) and any other channels, services, and other distribution platforms, whether currently existing or existing or developed in the future, of Massive Dynamics, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sublicense and authorize others to exercise any of the rights granted hereunder to Massive Dynamics in our sole discretion.
For the avoidance of doubt, without limiting the generality of the rights granted to Massive Dynamics, these rights include, without limitation, the right to distribute and synchronize all or any portion of your User Content in timed relation to any other visual elements; to web cast, podcast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your User Content; to encrypt, encode and decode, and compress and decompress all or any portion of your User Content; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your User Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your User Content; and to excerpt and/or extract portions of your User Content in order to host, store, index, categorize and display your User Content on or through the Platforms.
By submitting User Content, in addition to the rights, licenses and privileges referred to above, you are also granting Massive Dynamics, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Platforms, and any products, goods, features, functions, capabilities and/or services associated with Massive Dynamics and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your User Content, for any purpose whatsoever, without any credit, compensation or accounting to you, in products or services developed by Massive Dynamics, without limitation or restriction whatsoever.
The rights, licenses and privileges described in this Submission Agreement and granted to Massive Dynamics, shall commence immediately upon submission of your User Content to or through the User Content Submission Features and continue thereafter perpetually and indefinitely. Once you submit or attempt to submit User Content you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to Massive Dynamics. You are not entitled to and you will not receive any compensation or other consideration for your User Content or any use made of your User Content once submitted. You also understand and agree that neither all nor any portion of your User Content, nor any commercial, advertisement, promotional, marketing or other material associated with your User Content, need to be submitted for approval prior to use.
You hereby release Massive Dynamics from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your User Content, including, without limitation, any and all liability for any use or nonuse of your User Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. Massive Dynamics have the right to assign, transfer, convey, license, sub-license and otherwise, transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to anyone or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or moral now or hereafter recognized in connection with your User Content and the rights granted to Massive Dynamics hereunder.
Massive Dynamics has the right to license, authorize and/or otherwise enter into agreements and arrangements with any Company or its Affiliates to do or perform any of the activities, exercise any of the rights and/or undertake any of the responsibilities granted or imposed under this Submission Agreement, in whole or in part. To the extent, Massive Dynamics does so, when you submit User Content each such Company and Affiliate shall be entitled to exercise and benefit from the terms and conditions, rights, licenses and authorizations granted to Massive Dynamics hereunder and related thereto as if you had entered into this Submission Agreement with such Parent Company or Affiliate directly.
Authorizations, consents and rights granted hereunder and described in this Submission Agreement, as comprehensive and broad as they may seem or actually be, Massive Dynamics acquires no title or ownership rights in or to any User Content you submit and nothing in this Submission Agreement conveys to us any ownership rights in your User Content. Massive Dynamics is acting only as a host or conduit for submitted User Content, with all of the specific rights granted by you hereunder. Although by your submission of any User Content you are requesting and directing us and any of our Affiliates with whom we have made arrangements, to take advantage of and exploit all of the rights and privileges granted hereunder (including, without limitation, the right to display and post the User Content on the Platforms), neither we, nor any of the Affiliates have any obligation to do any of these things.