Dethklok “Thunderhorse” Fan Jam Waiver
This Dethklok “Thunderhorse” Fan Jam Waiver (“Agreement”) is between the you, (“Participant”) and The Cartoon Network, Inc., on behalf of its Adult Swim brand, and its parent, subsidiaries and affiliated companies, and each of their designees (jointly and severally referred to as “Producer”). By clicking the “I agree” button on this website I agree to be legally bound to the following terms and conditions:
Producer, in its sole discretion, desires to create a compilation video based on videos of solo musicians performing the Dethklok song Thunderhorse (the “Song”) as featured in its television series Metalocalypse (the “Show”) as described more fully on this website (each a “Video”; collectively “Videos”) which may be featured as part of Producer’s promotions for the Show or its networks, or appear as bonus content within the physical or electronic copies of the Show as streamed or made available for sale to the public generally.
- Participant agrees that Participant is a legal resident of the fifty (50) United States/District of Columbia, at least 18 years of age (and, in any case, at least the age of majority in Participant’s state of residence) and that Participant has every right to contract on his or her own behalf. Participant agrees that Producer shall have no obligation to use or display the Video or Videos that Participant may upload for any reason whatsoever as Producer shall determine in its sole discretion without any obligation to explain its rationale or respond to requests for its rational to display or not display any Videos it receives via this website.
- Participant further agrees that Participant is (a) not under a contractual, employment, work-for-hire relationship, guild or other obligation that would restrict Participant’s ability to submit Video under this Agreement or otherwise limit Producer’s ability to exhibit the Video as contemplated in this Agreement; (b) the Video consists of an original performance of the songs from the Show as called for on the website, and does not infringe on the rights or intellectual property claims of any third party; (c) Participant has sufficient rights to grant to Producer the rights granted in this Agreement and shall indemnify, defend and hold harmless the Released Parties (as defined below) for any Claims (as defined below) related to the Video, Producer’s exhibition of the Video or Participant’s breach or alleged breach of any of its covenants or obligations under this Agreement; (d) Participant has obtained all necessary rights, consents and permissions for the Video, including without limitation, permission from all performers appearing within the Video and permission from the person or persons involved with shooting and editing the Video; (e) the Video does not and will not violate any law or regulation; and (f) the Video is not and will not be defamatory, libelous, pornographic or obscene, or constitute otherwise offensive or inappropriate content, as determined in Producer’s sole discretion.
- It is Producer’s policy not to accept or consider content, information, ideas, suggestions or other materials (collectively, including, without limitation, the Video, the "Submitted Materials") other than those specifically requested by Producer and, then, subject to any specific terms, conditions and requirements that may apply thereto. This is to avoid any misunderstandings if Participant’s Submitted Materials are similar to those Producer has developed or is developing independently. Participant acknowledges and agrees that Producer is free to use any and all such independently created materials (in connection with this project or any other project or use) without any obligation or payment to Participant and waives any claim that Producer misappropriated the Submitted Materials or any elements thereof. By participating in the submission of Video to Producer, Participant agrees that any communications or Submitted Materials transmitted to Producer by mail, electronic mail or otherwise will be treated as non-confidential and non-proprietary. None of the materials contained in the Submitted Materials shall be subject to any obligation of confidence on the part of Producer and Producer shall not be liable for any use or disclosure of such materials.
- Participant grants to Producer and its designees, without further notice or any compensation to Participant, a non-exclusive, irrevocable, perpetual, assignable, sublicensable, worldwide and royalty-free right and license to, in Producer’s sole and unfettered discretion, edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse the Video (in whole or in part), including, without limitation, your name, voice and likeness, in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes (including in other programming or materials and/or in connection with third-party sponsors). Neither Producer nor any of its designees are obligated to exercise such rights or licenses.
- Notwithstanding anything herein to the contrary, Producer is and shall remain the sole and exclusive owner of all rights, including, without limitation, intellectual property rights, in and to the names and logos of the Show, and the band name Dethklok, the Song, and all related characters and elements (collectively, and including, without limitation, all derivative works, the Authorized Producer Assets). For avoidance of doubt, Participant is granted only a limited, revocable, non-assignable license (without right to sublicense) to use the Authorized Producer Assets solely for the purpose of creating Video for use by Producer in accordance with this Agreement. Participant shall retain ownership of all rights, title and interest in and to any original elements created by Participant and incorporated into the Video that are independent of the Authorized Producer Assets.
- In consideration of Producer’s consideration of Participant’s submitted Video, Participant, on behalf of himself/herself, Participant’s spouse or partner (if any), and each of Participant’s respective past, present, and future heirs, executors, estates, administrators, trustees, agents, representatives, and assigns (collectively “Releasors”), hereby irrevocably RELEASE, AGREE TO HOLD HARMLESS, WAIVE, AND DISCHARGE ANY AND ALL LIABILITY of Producer and each of its agencies, advertisers and sponsors, and each of their respective past, present and future parents, subsidiaries, and affiliates and their respective past, present and future officers, directors, employees, contractors, volunteers, insurers, licensees, agents, representatives, successors and assigns (collectively, the “Released Parties”), from any and all claims, demands, lawsuits, obligations, losses, damages, costs (including, without limitation, attorneys’ fees), and/or causes of action of any nature, (including, without limitation, claims for injunctive relief), whether arising from, without limitation, the sole or partial negligence of the Released Parties, which Releasors may have in connection with the Video or Participant’s participation in the submission of Video to Producer, including, without limitation, those arising from any alleged personal injury (including, without limitation, death), loss of consortium, property damage or loss, libel, slander, defamation, infringement of any right of publicity, invasion of privacy, false association or false endorsement, or exercise of any rights granted herein (collectively “Claims”).
- Participant shall have no right to enjoin or otherwise restrain the development, production, advertising, promotion, distribution, exhibition or exploitation of the Video by Producer in accordance with this Agreement, any of the results and proceeds, or any other production or project of the Producer or any of its parents, subsidiaries or affiliates.
- If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction or a federal, state or local administrative body, the other provisions of this Agreement shall remain in full force and effect. This Agreement shall be governed, construed, and enforced in accordance with the laws of the state of California (regardless of the place of execution or performance and without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the state of California), and except where prohibited, that any and all disputes, claims and causes of action arising out of or connected with the contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Los Angeles, California.