As between you and AnitaB.org (“ABI”), you retain all right, title, and interest in and to the video and any other content or materials you submit to AnitaB.org hereunder (the “Materials”); however, you agree that you will not publish, display, distribute or otherwise disclose or make available to any third party the Materials until after the 2017 Grace Hopper Celebration (“GHC 17”).
Rights Granted to ABI
By submitting the Materials to AnitaB.org, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you hereby grant to AnitaB.org a transferable, sub licensable, irrevocable, perpetual, worldwide, royalty-free, fully paid-up license to:
(i) Reproduce, modify, create derivative works of, directly or indirectly distribute (including by means of digital transmission), publicly display, publicly perform, sell, rent, transmit, broadcast, use and otherwise exploit the Materials or derivative works thereof, in whole or in part, including any and all trademarks, names, likenesses and voices embodied or portrayed in the Materials, in any manner or in combination with any other material, in any format or media, whether now existing or hereafter devised (collectively, the “Works”); and
(ii) Use and publish, and permit to be used and published, your name, voice, likeness, and biographical information, whether in original or modified form, in connection with the publication or promotion of the Works at ABI’s sole discretion.
You agree that AnitaB.org is under no obligation to use, distribute, exhibit or exploit the Works, in connection with GHC or otherwise. Subject to your rights in the Materials, AnitaB.org retains all right, title, and interest in and to any and all Works, including any derivative work of the Materials created by or on behalf of ABI.
Ownership and Attribution
You represent and warrant that you are authorized to grant the rights granted hereunder, and that you own all right, title, and interest in the Materials or the Materials are otherwise Creative Commons-licensed with appropriate attribution or in the public domain. You further represent and warrant that:
(i) the Materials and use thereof as contemplated hereunder do not and will violate or infringe any rights of any person or entity, including any intellectual property rights or any rights of privacy or publicity;
(ii) there are and will be no encumbrances, liens, conditions or restrictions whatsoever upon or affecting the Materials;
(iii) you have not entered into any agreement that conflicts with the terms hereunder;
(iv) you are at least 18 years of age on the day of the 2017 Grace Hopper Celebration; and
(v) you have obtained and will maintain any consent, approval and authorization necessary to enable AnitaB.org to exercise the rights and licenses granted to AnitaB.org hereunder, including, for any third party depicted, portrayed or referenced in the Materials, rights to such third party’s name, likeness, voice, image or persona. You agree to indemnify, defend and hold harmless AnitaB.org and its assigns and licensees from and against any and all liability, claims, causes of action, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with any breach or failure of the warranties made herein.
To the fullest extent allowable under any applicable law, you hereby waive any and all moral rights and other similar rights, including rights of attribution, integrity, and disclosure, arising from or in connection with all or any part of the Works, including any advertising or publicity relating thereto. You expressly release AnitaB.org and its assigns and licensees from, and agree that you will not assert, any claims, demands, liabilities, or causes of action, whether now known or unknown, based upon or relating to the use, publication, and any other exploitation of the Works, including for defamation, copyright or other intellectual property infringement, violation of moral right, and invasion of the rights to privacy, publicity, or personality or any similar matter.
You acknowledge and agree that all physical or tangible embodiments of the Materials submitted to AnitaB.org and any copies thereof are and will remain the sole and exclusive property of AnitaB.org and AnitaB.org has no obligation to return or destroy such embodiments or copies at any time.
Finalists will be selected in the sole discretion of the selection committee as chosen by ABI. AnitaB.org expressly disclaims any warranty, whether express or implied, relating to any and all works and the Student of Vision ABIE Award, including the selection process or outcome thereof. AnitaB.org reserves the right to withhold the Student of Vision ABIE Award, any scholarship, and any other prizes for any reason, including if no submissions meet its standards or criteria as solely determined by ABI. Without limiting any of the rights or licenses granted hereunder, Materials may be featured on ABI’s Website, Facebook, Twitter, Instagram and other social channels and if so featured, AnitaB.org will use reasonable efforts to credit your name or social media handle.
In the event of any conflict, this Section “The Terms and Conditions” takes precedence over any other terms and conditions herein.
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