1. I agree that by submitting or providing by any means any photographs, videotape, audiotape, comments, statements, stories, information, designs, text, or other content or materials (the “Submissions”) to the Kingdom Conservative Party (“KCP”), I hereby grant KCP, and anyone authorized by KCP, a perpetual, irrevocable, worldwide, sublicensable, royalty-free license to display, publish, reproduce, distribute, publicly perform, publicly display, adapt, edit, modify, create derivative works of and otherwise use the Submissions in any manner or media and for any purpose whatsoever at the sole discretion of KCP, including without limitation any political, advertising or commercial use of any kind. This license may be sublicensed or assigned by KCP at its sole discretion. I further give my permission to use my name, likeness, voice, story, comments, and persona in connection with such Submissions. Except in connection with KCP, I hereby agree that I will not use, or license any other third party to use, the Submissions for any other political or commercial purposes, including without limitation use in any other political campaign or for any other politically-related advertisement, communication or product.
2. With respect to any photographs, videotape, audiotape, digital media or other media or materials taken, recorded or otherwise obtained by or on behalf of KCP (collectively the “Photographs and Recordings”), I hereby grant to KCP, and anyone authorized by KCP, permission to: (a) photograph and record me, (b) edit and modify the Photographs and Recordings, and (c) use and distribute such Photographs and Recordings, in whole or in part, together with my name, likeness, voice, story, comments, and persona, in any manner or media and for any purpose whatsoever at the sole discretion of KCP, including without limitation any political, advertising or commercial use of any kind. I understand and agree that KCP will own all rights of any kind in the Photographs and Recordings and that I will retain no rights therein.
3. I represent and warrant that: (i) I am either 18 years of age or older or have obtained the signature of my parent or guardian below; (ii) I am the sole and exclusive owner of the copyright and all other rights in and to the Submissions or otherwise have the unconditional right to submit the Submissions to KCP and grant the rights granted herein; (iii) I have or have obtained all rights necessary to grant the rights and permissions set forth herein with respect to the Photographs and Recordings; (iii) no infringement or violation of any applicable law, rule or regulation or the rights of any third party, including without limitation any copyright, trademark, right of privacy or right of publicity, will result from any use of the Submissions, the Photographs and Recordings or my name, likeness, voice, story, comments or persona as captured therein; and (iv) I have written permission from anyone appearing in any Submissions, and for minors from their parent or legal guardian, to post and submit such Submissions and for KCP and its designees to use such Submissions and the name, voice and likeness of anyone as contained therein, as described in this Agreement.
4. I further represent and warrant that in creating any Submissions, I was working on my own time, and not for any employer or third party, and that I did not use any equipment or materials owned by any corporation or other third party, and that no interest in the Submissions is owned or controlled by my employer or any other corporation or entity. With respect to creating any Submissions, I acknowledge that I was volunteering my time to KCP and that any disposable materials used in the creation of the Submissions may constitute an in-kind donation to KCP.
5. I agree to defend, indemnify and hold KCP, and its employees, directors, officers, contractors, professional advisors, assignees, agents, or other persons affiliated therewith, harmless from and against any and all liabilities, losses, claims, demands, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the Submissions, the use of my name, likeness, voice, story, comments or persona as authorized herein, or the breach or alleged breach of any of the representations or warranties set forth herein.
6. I hereby release and discharge KCP, and its respective agents, employees, volunteers and assigns, and anyone acting under their authorization, from any claims that use of the Submissions, the Photographs and Recordings, or my name, likeness, voice, story, comments, and persona, as authorized herein, violates any of my rights, including without limitation any rights of publicity or privacy. I understand that I will not be entitled to any additional compensation for the permission and release granted herein or for any use of the Submissions, Photographs, and Recordings or my name, likeness, voice, story, comments, or persona.
7. The grants and releases set forth in this Agreement are perpetual and irrevocable so that KCP may proceed in reliance thereon, and I agree that I will not be entitled to any injunctive relief that would prevent or interfere with the use, display, distribution, or other exploitation of the Submissions or the Photographs and Recordings. I further understand that KCP shall have no obligation to make any use of the Submissions or the Photographs and Recordings and that all rights granted herein are fully sublicensable and assignable. I hereby attest that I have read, and agree, to the above statement.
8. If I fail to comply with this Agreement and KCP does not take immediate action, I understand and agree that this does not mean that KCP is giving up any rights that it may have (such as the right to take action in the future).
9. All claims arising out of or relating to these terms or the Service will be governed by Tennessee law.
10. I AND KCP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
