BY MARKING THE CHECKBOX “I AGREE TO THE TERMS & CONDITIONS FOR SUBMITTING A STARLIGHT STORY” AND CLICKING THE “SUBMIT” BUTTON LOCATED ON THIS PAGE OF THE SITE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS SHARE YOUR STORY GRANT AND RELEASE (THIS “AGREEMENT”) IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS DO NOT CLICK THE “SUBMIT” BUTTON.
1. Grant of Copyright. You hereby assign and transfer to Starlight Children's Foundation, its successors and assigns ("Starlight"): (i) the entire right, title and interest in and to any and all images, video and other information and materials uploaded or otherwise submitted by you to the Site, including, without limitation, all copyright and other intellectual property rights therein and thereto ("Submission"), (ii) any and all related copyright and other registrations and applications and any renewals and extensions of the Submission, (iii) the entire right, title and interest in and to any and all information and material based upon, derived from, or incorporating the Submission, including, without limitation, all copyright and other intellectual property rights therein and thereto, (iv) any and all rights to bring any causes of action, either in law or in equity for past, present, or future infringement based on the copyrights to the Submission, and (v) any and all other rights corresponding to the Submission throughout the universe.
2. Grant of Publicity. You hereby grant to Starlight the royalty-free, irrevocable, worldwide right, license and privilege to use your name, and the names of the individuals referenced in your Submission, your likeness, voice, performance, essays, personal story, your own and/or your child or the minor(s) for whom you are the legal guardian’s medical conditions, personal characteristics, photographs and biography, in whole or in part, throughout the universe, in all formats and media now known or hereafter devised.
3. Publicity Release for Your Child. You agree that your Submission may contain your child’s name, likeness, artwork, voice, performance, essays, personal story, personal characteristics, photographs and biography (“Your Child’s Materials”). You, as the parent or legal guardian, legally permitted to consent on Your Child’s behalf, irrevocably, waive, release and discharge all claims that your child now has or may, in the future, have against Starlight, including, without limitation, invasion of privacy or copyright claims arising out of Starlight’s use of Your Child’s Materials. Starlight, in its use of the Your Child’s Materials, agrees not to place any significant obligations on your child, such as to demand exclusivity or any other rights, other than the limited use of Your Child’s Materials for promoting and publicizing Starlight and its charitable activities.
4. Warranties. You warrant that: (i) you are the sole owner of the Submission, (ii) you have obtained all rights, licenses and authorizations necessary to enter into this Agreement, (iii) you have the right to grant all rights granted in this agreement, (iv) the Submission does not infringe on any trademark or copyright, violate any intellectual property or other rights, (v) the Submission does not contain any scandalous, libelous, or unlawful matter, and (vi) that by signing and performing this Agreement, you do not, and will not, violate or interfere with any other agreement.
5. Indemnity. You shall indemnify, hold harmless and defend, Starlight against any and all claims, losses, liabilities, damages, settlements, expenses and costs (including, without limitation, attorneys’ fees and court costs) which relate to (i) this Agreement, or (ii) your breach of any representations, warranties, covenants or agreements contained in this Agreement. You agree to defend, indemnify and hold harmless Starlight and/or its licensees against all claims, suits, costs, damages and expenses that Starlight and/or its licensees may sustain by reason of any scandalous, libelous, or unlawful matter contained or alleged to be contained in the Submission or any infringement or violation by the Submission of any copyright, patent or other intellectual property right.
6. Arbitration. Any dispute, controversy or claim initiated by either party arising out of, resulting from or relating to this Agreement, or the performance by either party of its obligations under this Agreement (other than bona fide third party actions or proceedings filed or instituted in an action or proceeding against a party to this Agreement), whether before or after termination of this Agreement, shall be finally resolved by binding arbitration. Whenever a party shall decide to institute arbitration proceedings, it shall give written notice to that effect to the other party. Any such arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association by an arbitrator appointed in accordance with such rules. Any such arbitration shall be held in Los Angeles, California. The method and manner of discovery in any such arbitration proceeding shall be governed by California Code of Civil Procedure § 1282 et seq. (including without limitation California Code of Civil Procedure § 1283.05). The arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration in such equitable manner as they determine. Judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. In no event shall a demand for arbitration be made after the date when institution of a legal or equitable proceeding based upon such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Notwithstanding the foregoing, either party shall have the right, without waiving any right or remedy available to such party under this Agreement or otherwise, to seek and obtain from any court of competent jurisdiction any interim or provisional relief that is necessary or desirable to protect the rights or property of such party, pending the selection of the arbitrator hereunder or pending the arbitrator’s determination of any dispute, controversy or claim hereunder.
7. Term. This Agreement cannot be terminated, rescinded or amended hereafter except by written agreement by you and Starlight.
8. Governing Law. This Agreement and Release shall be exclusively governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws principles.