MOMMY WARRIORS USER SUBMISSION AGREEMENT
By registering for and submitted to Mommy Warriors, you accept and agree to the terms of this User Submission Agreement.
Any information, content or materials including, without limitation, ideas, concepts, suggestions, recommendations, recipes, stories, screenplays, treatments, formats, artwork, images, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, data, text, messages, postings, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to any of the foregoing, web pages or any other materials, that is submitted to Mommy Warriors or posted on the Mommy Warriors website, either digitally including, without limitation, by posting on the Mommy Warriors website, or through any other method (“User Submitted Content”) shall be subject to all of the following terms and conditions of this Submissions Agreement (this “Agreement”):
1. You acknowledge that Mommy Warriors has adopted the policy of refusing to accept, consider or review any User Submitted Content for potential inclusion on the Mommy Warriors website unless the person submitting such material has agreed to all of the terms and conditions of this Agreement. Accordingly, you acknowledge that Mommy Warriors would refuse to accept, consider or otherwise review your User Submitted Content in the absence of your acceptance of each and every provision of this Agreement. You acknowledge that no fiduciary or confidential relationship now exists between you and Mommy Warriors, and you further acknowledge that no such relationships are established between you and Mommy Warriors by reason of this Agreement or by reason of your submission to Mommy Warriors of any User Submitted Content.
2. You acknowledge that Mommy Warriors has no obligations to you and that your submission of User Submitted Content shall not create any such obligations. You further acknowledge that Mommy Warriors does not intend to compensate you in any way for your User Submitted Content or the use thereof and you have no expectation of receiving any compensation. You agree that Mommy Warriors’ consideration of the User Submitted Content for potential broadcast and/or other exploitation shall be full and sufficient consideration for your agreements set forth herein.
3. You shall retain the rights to your User Submitted Content, however, you have no objection and hereby consent to the unrestricted use of your User Submitted Content by Mommy Warriors (and its licensees, distributors, agents, representatives and other authorized users) for any purpose whatsoever, commercial or otherwise, in connection with the production, distribution, exhibition, advertising and exploitation of Mommy Warriors and the Mommy Warriors website, by any means and in any media whatsoever, whether now known or hereafter devised, in perpetuity throughout the universe, including without limitation, merchandising, “wireless” and mobile devices [e.g., iPod, cellular phone, ringtones, mp3 player], multi-media cable and computer-assisted media (including, without limitation, CD-ROM, CD-I, and other similar disc systems, internet, interactive media and multimedia), without the requirement of any permission from or payment to you or to any other person or entity. Without limiting the foregoing, you hereby grant Mommy Warriors (and its licensees, distributors, agents, representatives and other authorized users) a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify (including, without limitation, removing lyrics and music from any User Submitted Content or substituting the lyrics and music in any User Submitted Content with music and lyrics selected by Mommy Warriors), adapt, translate, create derivative works based upon and publicly perform such User Submitted Content, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on the Mommy Warriors website and on third party websites) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution. You hereby grant Mommy Warriors (and its licensees, distributors, agents, representatives and other authorized users) a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such User Submitted Content. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your User Submitted Content is used by us. You hereby agree that Mommy Warriors may enter into and execute any document or do any act on its or your behalf, in the event that Mommy Warriors may consider it necessary or appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth herein.
4. You hereby represent and warrant that you are the sole owner and proprietor of all of the rights herein granted and are duly authorized and empowered to agree to the terms contained herein and that you do so without claim for compensation of any kind. You acknowledge, represent and warrant furthermore that no other releases or consents are required for the permitted use set forth above of the User Submitted Content in connection with Mommy Warriors or the Mommy Warriors website or that all such consents have been obtained by you and that Mommy Warriors will or may take action in reliance upon the matters herein contained.
5. You hereby represent and warrant that your User Submitted Content is free from any obscene, pornographic or violent material, and that it contains no nudity.
6. You hereby agree to defend, indemnify and otherwise hold harmless Mommy Warriors, and each of Mommy Warriors’ affiliates, parents, subsidiaries, successors, licensees, assigns, officers, employees, agents and representatives and any advertisers and/or sponsors of the Mommy Warriors website, and each of the their respective parent, subsidiary, affiliated and related entities, successors and assigns and the respective present and former directors, officers, employees, agents, contractors, partners, shareholders, representatives, and members of each of the forgoing, (collectively, “Indemnified Parties”) from and against all damages, claims, causes of action, costs, liabilities, and any other expenses (including attorneys’ fees) that any of the Indemnified Parties may sustain or incur by reason of the breach or alleged breach of any of your representations, warranties or agreements hereunder, or by reason of any of the Indemnified Parties’ use, broadcast and/or other exploitation of your User Submitted Content in any manner whatsoever. The foregoing indemnity shall include, but shall not be limited to, any claims brought by or on behalf of those persons named, appearing in and/or heard on, or otherwise contributing to the creation of your User Submitted Content, and any claims arising out of events captured on or described in any of your User Submitted Content, or otherwise related in any manner whatsoever to the your User Submitted Content.
7. You have retained a copy of your User Submitted Content, and you release Mommy Warriors from any liability for loss or other damage to the copy or copies submitted by you. You may retain the original version of any material that is submitted to Mommy Warriors and any copies thereof for your files.
8. If any of the User Submitted Content is submitted by more than one person, the words “you” and “your”, as used herein, shall mean all persons who created and/or submitted the User Submitted Content to Mommy Warriors, and this Agreement will be binding jointly and severally upon all such persons.
9. You hereby confirm that you have read and understand the foregoing terms and conditions governing your submission of User Submitted Content and freely accept them.