This is the official Submission Agreement for www.hapawards.com, an Internet website offered by the Hollywood and African prestigious Awards, organised by The I Dream 4 All Foundation (collectively, “HAPAWARDS,” “we,” “us,” “ours” or “our”).
For the purposes of this Submission Agreement, when we use the term “HAPAWARDS” we are also referring to its parent companies, affiliates, and authorised entities and their affiliated networks, programming, services, mobile applications, and websites, including, without limitation.
HAPAWARDS has the right to change the terms and conditions of this Agreement at any time. You acknowledge that it is your responsibility to periodically check the HAPAWARDS Website for any updates or revisions to the terms and conditions of this Agreement. If you do not agree with all the terms and conditions of this Agreement at any time, including, without limitation, those times when we make changes, do not use, do not attempt to use, and immediately discontinue your use of, the Submission Service, because if you do any of these things you are agreeing to be bound by all of the terms and conditions of this Agreement, including, without limitation, any changes we have made.
The Submission Service is offered and made available only to users of the HAPAWARDS Website who are 18 years of age or older and not considered a minor in their jurisdiction of primary residence. If you are not yet 18 years old or are considered a minor in your jurisdiction of primary residence, your use of our Submission Service is prohibited. You are further prohibited from using the Submission Service if such use is restricted by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside. Each and every time you attempt to use the Submission Service, you certify that you are at least 18 years of age, are not considered a minor in your jurisdiction of primary residence, and meet all other eligibility requirements for your use of the Submission Service.
1. The rights, licenses and privileges described in this Agreement and granted to HAPAWARDS shall commence immediately upon submission of any content to the HAPAWARDS Website (by upload or any other means HAPAWARDS makes available to you, including, but not limited to, mobile applications) and continue thereafter perpetually and indefinitely regardless of whether you remain a registered user, unless and until terminated, in whole or in part, by HAPAWARDS in its sole discretion on written notice to you. Notwithstanding the foregoing, you acknowledge and agree that HAPAWARDS shall not be required or have any obligation to host, index, display, accept or use any Submission (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and HAPAWARDS may, in its sole discretion and without notice to you, remove or refuse to host, index, display, accept, use or do anything at all with respect to any Submission submitted. Once you submit or attempt to submit your Submission to or through the HAPAWARDS Website, you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to HAPAWARDS hereunder. You are not entitled to and you will not receive any compensation or other consideration for your Submission or for any use made of any Submission once submitted to or through the HAPAWARDS Website.
2. For purposes of this Agreement, the term “Submission” shall refer to any and all content, media and materials you submit to the HAPAWARDS Website, including, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world. In connection with your Submission to HAPAWARDS under this Agreement, you unconditionally and without any monetary or other compensation, grant to HAPAWARDS and its successors and assigns, the absolute, worldwide, transferable, fully paid up, royalty free, irrevocable and perpetual right, license, authorisation and permission to use, or to authorise others to use your Submission in whole or in part in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, supplement, enhance, excerpt, extract, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion.
By submitting a Submission, you agree and you understand that the term “Submission” also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your Submission. Always keep a copy of anything you send because we are not responsible for lost, damaged, misdirected, unusable or unreadable Submissions. Proof that you submitted a Submission does not constitute proof that we received anything.
3. You shall not use, allow, or enable others to use the Submission Service, or knowingly condone use of the Submission Service by others, in any manner that is, attempts to, or is likely to:
* be libellous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
* affect us adversely or reflect negatively on the HAPAWARDS, its goodwill, name or reputation or cause duress, distress or discomfort to HAPAWARDS or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Submission Service, or from advertising, linking or becoming a supplier to us in connection with the Submission Service;
* send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
* be used for your commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
* transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
* forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
* violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
* gain unauthorised access to the Submission Service or HAPAWARDS Website, other users’ accounts, names, user IDs, personally identifiable information or other computers, websites or pages, connected or linked to the HAPAWARDS Website in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
4. You agree that each Submission is exclusive to HAPAWARDS, including its partners and affiliate companies, I Dream 4 ALL Foundation, and LLC.
5. You must own, hold or control all rights to each Submission you submit and each element of each Submission you submit and the right to grant all of the rights, licenses, privileges, authorisations, permissions, approvals and consents to HAPAWARDS as described in this Agreement. If you do not exclusively own, hold or control all of these rights, you must have all necessary authorisations, permissions, approvals, consents, rights and licenses from the owner(s), holder(s) or licensee(s) to enter into this Agreement and perform and comply with all of this Agreement’s obligations. Upon the request of HAPAWARDS, and without compensation therefor, you will furnish HAPAWARDS any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement, including, without limitation, the foregoing representations, warranties and covenants. Releases will include, among other things, a statement that the Submission is your exclusive property and that the events, if any, purported to be spontaneous were in fact spontaneous and not staged.
6. You hereby acknowledge that you are solely responsible and liable for your communications and Submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any. You understand that none of the content contained in your Submission reflects the views of HAPAWARDS and that HAPAWARDS neither represents or guarantees the truthfulness, accuracy, or reliability of any Submission, nor endorses or supports any opinions expressed in any Submission, nor does HAPAWARDS undertake any obligation to filter or screen any Submissions prior to posting.
To be considered for posting and display to the public, you acknowledge that your Submission must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics, legal clearances and submission and understand such specifications and requirements for uploading your Submission(s) can be found on the HAPAWARDS Website.
7. You acknowledge and agree that you shall have no right of approval and no claim arising out the use of your Submission, and you unconditionally waive any right to inspect or approve any works derived from the Submission or any duplication, derivation or digital enhancements thereof or finished version(s) of the foregoing, including any copies that may be created in connection therewith; and that HAPAWARDS shall have the unlimited right to vary, change, alter, modify, add to and/or delete images or music contained in the Submission, to rearrange the images contained in the Submission, and to use a portion(s) of any image or music contained in the Submission, together with any material of any kind.
8. By submitting your Submission to HAPAWARDS, in addition to the rights, licenses and privileges referred to above, you hereby grant to HAPAWARDS the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, transferable, fully paid up, perpetual and royalty free right, license, authorisation and permission to use and refer to your name and all name(s), logo(s), mark(s), image(s), characteristic(s) or other distinctive identifications associated with your Submission in connection with the presentation, display, distribution, marketing, advertising and promotion of the Submission on HAPAWARDS Website or any Platform, and any products, goods, features, functions, capabilities and/or services associated with HAPAWARDS and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your Submission, for any purpose whatsoever, without any compensation, royalties or accounting to you, in products or services developed by HAPAWARDS, without limitation or restriction whatsoever in perpetuity. You agree that your approval shall not be required for any commercial, advertisement, promotional, marketing or other material related to any Submission.
9. You represent and warrant that you (or companies which you control) hold, own or control all ownership, license, proprietary and other rights necessary to enter into, authorise, grant rights and perform your obligations under this Agreement (including without limitation the copyright rights in the sound recording and underlying musical composition) in and to the Submission submitted, and that such Submission shall not infringe, violate or misappropriate any intellectual property, privacy, publicity or other rights of any third party. You represent, warrant and covenant that you have and will continue to hold, own or control all ownership, license, proprietary and other rights necessary to enter into, authorise, grant rights and perform your obligations under this Agreement. You represent, warrant and covenant that you have and will continue to have the legal capacity under the laws of the jurisdiction where you reside or from which you are submitting the Submission to enter into this Agreement. You represent and warrant that none of your Submissions is subject to or under the jurisdiction of any guild or union collective bargaining agreement, and you further acknowledge that HAPAWARDS is not signatory to any such agreement. Notwithstanding anything to the contrary, you also understand and agree that HAPAWARDS shall not be obligated or responsible for providing any guild or residual payments in connection with any Submission.
10. You hereby waive and release, for yourself and for your heirs, executors and administrators, any and all rights, claims and causes of action whatsoever that you may have against HAPAWARDS. You further release, discharge, indemnify, defend and agree to hold harmless HAPAWARDS and its employees, officers and directors, and their respective successors, licensees, assigns and agents and those for whom they are acting, from any claim relating to the exercise of the rights granted herein, use or non-use of any Submission, and from any liability for any loss or damage you may suffer or any liability for, including but not limited to, libel, slander, defamation, invasion of any right of privacy or publicity, emotional distress, economic loss or infringement related to or arising from any Submission or any works derived therefrom or any duplication, derivation, modification or digital enhancements thereof or any reference to you or any other utilisation of the rights granted under this Agreement.
11. You acknowledge and agree that all rights and property granted to HAPAWARDS hereunder are irrevocable and not subject to rescission, termination, restraint or injunction under any circumstances. In no event shall you have, and you hereby waive, all right to injunctive relief or otherwise to interfere with, limit or hamper HAPAWARDS exploitation of the rights granted to the Submission(s) hereunder, or any productions, works or materials based on or derived from the Submission(s). You also forever waive and relinquish all moral rights or droit moral now or hereafter recognised in connection with your Submissions and the rights granted to HAPAWARDS hereunder.
12. The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (“marks”) on or of HAPAWARDS, including, without limitation, “HAPAwards” and “HAPAwards.com”, are the intellectual property of and proprietary to HAPAWARDS, its affiliates, or their advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose.
13. HAPAWARDS reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realise revenue from the conduct of its business and operating the HAPAWARDS Website, the Submission Service or Platforms and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your Submission may be displayed on or otherwise used by or in connection with the HAPAWARDS Website, the Submission Service or Platforms.
14. This Agreement shall be deemed to be entered into in the State of California, and shall be governed by and interpreted in accordance with the laws of the State of California applicable to agreements executed and fully carried out within the State of California. You acknowledge that no other party nor any agent or attorney of any other party has made any promise, representation or warranty whatsoever, express or implied, not contained herein concerning the subject matter hereof, to induce you to execute this document and you acknowledge that you have not executed this instrument in reliance on any such promise, representation or warranty not contained herein.
We make no claim that the Submission Service or any Submission is appropriate for any particular purpose or audience, or that any video, software or our Submission Service may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. HAPAWARDS disclaims all liability for any use of the HAPAWARDS Website that is not authorised by this Agreement or is in violation of any laws or regulations that may apply to you in any jurisdiction. You agree to abide by all restrictions regarding the export of any Submissions, including videos, information, software, materials, products or services, to countries or persons prohibited under any applicable export control laws or regulations.
HAPAWARDS may terminate this Agreement with you and your right to use the Submission Service at any time for any reason without notice to you.
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