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| LEGAL |
CONTENT SUBMISSION AGREEMENT
This Agreement is between True Grin, LLC ("We" "Us" or "Our") and the individual submitting Material, as defined below, to Us ("You" and "Your"). The parties understand and acknowledge as follows:
1. We accept Your submission of photos, images and captions associated or not associated with photos or images (collectively the "Material") either through Our website or via e-mail for our review and evaluation. Do not submit confidential Material or Material You do not own or have rights too. YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY WITH RESPECT TO OUR USE OF THE MATERIAL.
2. You hereby represent and warrant that the Material is original, is owned by You or You have the legal right to submit the Material to Us and to grant the license as set forth above and that the Material does not infringe any third party's intellectual property rights, including any right of publicity or copyright. You hereby indemnify and hold Us harmless for any breach of the representatives and warranties contained herein.
3. You hereby acknowledge and agree that there are no prior or contemporaneous oral or written agreements between You and Us, or You and a third party that would affect the use of the Material, Your submission and the rights granted to Us herein.
4. You agree that We have no obligation to: (i) return the Material submitted; (ii) compensate You in any way for the use of the Material; (iii) proceed with negotiations of any kind with respect to Material; (iv) furnish You with any information respecting the use by Us or the evaluation or reasons for not using the Material; or (v) seek Your prior approval to use of Material or the combination of Material with other material created by Us or submitted to Us. You hereby agree that nothing contained herein shall be construed to create a business relationship, joint venture, partnership or employment relationship with Us or any express or implied fiduciary relationship, and that You and Us are independent contractors vis-à-vis one another.
5. You are hereby submitting Material to Us for Our review and consideration for inclusion of the Material in comics, and other novelty items. Other persons, including Our own employees, may have submitted to Us or in the future may originate and submit, material which is similar or identical to the Material You submit. It is agreed between You and Us that no compensation will be paid to You for the use of Material and We are not obligated, but We may unless You tell Us otherwise in writing, to provide acknowledgement or attribution to You for any Material used.
6. You hereby grant to Us a non-exclusive, perpetual, royalty-fee, worldwide, non-cancelable license to use the Material as We, in sole discretion, determine, including all rights available under the U.S. Copyright Act of 1976, as amended, including the right to alter, reproduce, distribute, display and create derivative works of the Material. You agree that We are the sole owner of any copyright or other intellectual property rights in, to or under Our use of the Material. This license extends to use online, over the internet or any medium now known or hereafter developed.
7. This Agreement sets forth the entire understanding and agreement between Us and You with respect to the submission of and use of Material and supercedes all other written or oral representations and understandings. This Agreement and any dispute herein will be governed by the substantive and procedural laws of the State of Iowa, excluding its conflict of laws provisions, and any action relating to this Agreement or its enforcement shall be brought in the state or federal courts having jurisdiction in Linn County, Iowa. In the event any provision hereof is found invalid, void or unenforceable, the remainder of this Agreement shall be valid and enforceable according to is terms.
8. You hereby certify that You have read this Agreement and that You understand it. You understand that the We are relying upon this Agreement in agreeing to accept the submitted Material and would not accept the submitted Material without Your agreement to this Agreement.
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 | © 2005-2007 |  | True Grin, LLC, All Rights Reserved. |  |
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