I understand and agree that any and all selfies, photos, images, written works, information, data, text, artwork, drawings, video, messages, opinions, ideas, suggestions, audio files, names, tags and/or other material (collectively, “User Submission”) that I submit to or on www.yugioh.com and/or to 4K Media Inc. (“4K”) shall immediately become the exclusive property of 4K. I hereby grant exclusive, royalty-free, throughout the universe, transferable, irrevocable and perpetual rights, title and interest in User Submission to 4K, its affiliates, its successors and others authorized by 4K (collectively, “4K Parties”). 4K Parties shall have the exclusive right to use, copy, print, reproduce, distribute, transmit, publicly display, publish, broadcast, modify, adapt, edit, sell, and create derivative works (collectively “Use”) of the User Submission, in whole or in part, with or without my name identification, in any and all media now known or hereinafter developed without time, territory, or other restrictions, and without compensation to me or any third party.
I understand that neither 4K nor any 4K Party has any obligation to Use in any way the User Submission. I waive all right to approve the editing, adaptation, modification, publishing, displaying or transmission of, or any other Use of, the User Submission by or on behalf of any 4K Party. I understand that I shall have no right to be notified by any 4K Party in the event of the editing, adaptation or modification or publishing, displaying or transmission of the User Submission or any other Use of the User Submission by any 4K Party. I further waive any “moral rights”, privacy rights, proprietary rights, publicity rights, rights to credit or other rights with respect to attribution or authorship or integrity of materials regarding the User Submission.
I release 4K, the 4K Parties, and their respective affiliates, parent companies, subsidiaries, licensees, directors, shareholders, employees, officers, agents and representatives from and against any costs, claims, damages, liabilities of any kind that I may have which may arise from their Use of the User Submission as provided herein, including but not limited to claims relating to derivative works, copyright infringement, moral rights, proprietary rights, right of publicity, right of privacy, right of credit or authorship, defamation, blurring or optical distortion.
I represent and warrant that (i) I am 18 years old or older (or, if not, that a parent or legal guardian will agree to this Submission Release on my behalf); (ii) I am 13 years old or older, (iii) I (or my parent or legal guardian) have/has the legal authority to enter into this Submission Release and to grant all rights herein without violating the legal or equitable rights of any third party, including without limitation proprietary rights, rights of copyright, patent or trademark, right of privacy, right of credit or authorship, moral rights, defamation and right of publicity; (iv) this Submission Release does not in any way conflict with any existing commitments or agreements on my part; (v) if any other person's name or likeness is used in the User Submission, I have obtained permission from such person for the Use thereof and for the exclusive transfer of rights, title and interest to 4K, as contemplated in this Submission Release; (vi) no payments shall be due to me or any third party in conjunction with the Use of the User Submission or my name by any 4K Party; and (vi) the User Submission complies with all laws, rules and regulations. I further represent and warrant that the User Submission does not (a) contain any viruses, time bombs, trojan horses, worms or other harmful devices, (b) provide instructional information about illegal activities, (c) contain personally identifiable information of anyone, (d) infringe upon or violates any third party’s rights, and (e) contain information, images, data or audio that is obscene, defamatory, libelous, discriminatory, abusive, infringing, violent, harassing, threatening, hateful, racist, sexually suggestive or false.
I agree to indemnify, defend and hold harmless 4K, the 4K Parties, and their respective affiliates, parent companies, subsidiaries other entities, and each of their directors, shareholders, employees, officers, agents and representatives from any and all claims, actions, demands, damages, liabilities, penalties and costs, including without limitations reasonable attorneys’ fees, arising directly or indirectly from (x) any claim by or from a third party with respect to a 4K Party’s Use of the User Submission, including without limitations claim of intellectual property infringement, copyright infringement, right of publicity/privacy, defamation, blurring or optical distortion, or (y) any claim resulting from or relating to a breach of any of the above representations and warranties.
This Submission Release shall be construed and interpreted in accordance with the internal laws of the State of New York, applicable to contracts made and performed entirely therein, without regard to conflicts of laws principles. I agree that jurisdiction and venue of all matters relating to this Release shall be vested exclusively in the Federal, state and local courts for New York, New York.