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- By emailing the a design to Societal, you are agreeing to the following terms, which serve as a binding agreement (hereinafter “the Agreement”) between you and Societal.
- By submitting any word, combination of words, symbol, slogan, photographic image, graphic design or any other type of design (hereinafter collectively referred to as “the Design”) for consideration, you represent and warrant to Societal that you have the right and authority to convey the rights granted hereunder; that the Design is original and free and clear of any encumbrances or liens and is not subject to any third-party agreements or arrangements that would interfere with their use; that the Design is not libelous, slanderous, obscene, and does not plagiarize; and that the exercise of rights herein granted will not infringe upon any copyright, right of privacy or any other rights whatsoever of any third party. You shall hold Societal harmless and shall indemnify Societal for all costs and expenses (including reasonable attorney fee’s) in the event of a breach of any of the foregoing warranties or representations. These warranties and representations do not extend to any material not furnished by you.
- If your Design is selected and that results in the publishing and/or dissemination of your Design by Societal, you hereby grant to Societal, its licensees and assignees, an exclusive right to: (1) reproduce the Design or any parts, alterations or derivatives thereof, in any media or embodiment now known or hereafter to become known (the Products); and (2) publicly display, perform or exhibit, or distribute the Design, as part of the Products, in any way now known or hereafter to become known including without limitation by transmission, broadcast, or electronic communication.
- If your Design is not selected within 90 days you may request the removal of your Design from the archives section of the website by emailing firstname.lastname@example.org
- Without limiting other remedies, Societal may at its sole discretion remove any Design from publication and/or dissemination if it thinks that the Design is creating problems, possible legal liabilities, or is inconsistent with the letter or spirit of Societal’s policies, including poor design.
- The Design may be modified in any way whatsoever, used as a basis for additional illustrations or images (whether or not by you), and the Design and any modifications or derivatives thereof may be digitized without any additional approval being required of you, with the exception that you shall be shown such modifications and derivatives and shall have a right to withdraw use of your name as a credit. You hereby waive any and all attribution and integrity rights with regard to the Design whether arising under the law of any state of the United States, United States federal law, or the law of any other country.
Societal shall use reasonable efforts to ensure that the use of the Design in the Product is accompanied by a reasonable credit to you (subject to your right to withdraw such credit as discussed above).
- This Agreement, in whole or in part, may be freely assigned by Societal. You may not assign this Agreement in whole or in part without the prior written approval of Societal.
- If any part, term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby.
- This Agreement contains the entire understanding of you and Societal with respect to the subject matter hereof and with respect to the matter contained herein and supersedes all prior agreements or understandings. This Agreement shall not be modified except in writing.
- This Agreement shall be governed by and construed under the laws of the State of California, without regard to its principles of conflicts of laws and notwithstanding the fact that you may be domiciled in a different state or country. You stipulate and agree that any and all claims, disputes, controversies, suits or actions arising out of or relating to the provisions of this Agreement or the subject matter hereof and initiated by you, or any successor in interest, shall be adjudicated exclusively in the Circuit or District Courts of California, or the United States District Court for the District of California, which courts shall have the exclusive jurisdiction and venue for any and all such claims, disputes, controversies, suits or actions, and you hereby stipulate and submit to the personal and subject matter jurisdiction of such courts with respect to such claims.
- No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
- Nothing herein shall be construed as an obligation of Societal to manufacture and/or disseminate any specific quantity of Product containing the Design. All manufacturing, dissemination and marketing decisions regarding each Design are left to the sole discretion of Societal.