For good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I hereby irrevocably grant, assign and transfer to Big Brain Productions Inc. (the “Producer”) and its subsidiary (TotallyADD.com), all rights to my submitted content, including still, moving picture and sound recordings. For use by the Producer on TotallyADD.com, in the TotallyADDShop.com, or in any other work (examples: edited video, audio or memes) in which any part or all of such recordings are used (individually and collectively the “Production”) including but not limited to the right throughout the universe, in perpetuity and in all languages, markets, formats and media now known or hereafter devised:
- to use, reproduce, distribute, publish, sell, lease, rent, lend, broadcast, display (whether in whole or in part and whether sequentially or non-sequentially) and publicly or privately perform or otherwise commercially use all the Recordings as part of any Production and with any related product documentation, advertising and publicity in connection with any Production;(b) to edit, adapt, convert to digital machine-readable formats, combine the Recordings with other recordings in any manner whatsoever for the purposes of this release; and(c) to use, publish and advertise my name given with the submission (username or nickname or initials), in any and all manner and medium, provided such use is solely for the purpose of packaging, advertising or publicizing a Production under this release and shall not be used as an endorsement of any product or service other than such Production; all as Producer may determine without restriction.
I hereby release and discharge the Producer and their respective representatives, licensees, successors and assigns from all manner of actions, causes of action, debts, accounts, contracts, claims and demands whatsoever which I or my heirs, executors, administrators or assigns can, shall or may have at any time as a result of any act, matter or thing whatsoever arising out of or in connection with this release. Without limiting the generality of the foregoing, I expressly release Producer and its agents, employees, licensees, successors and assigns from and against any and all claims which I have or may have for invasion of privacy, defamation, publicity or any other cause of action arising out of the production, distribution, exhibition or other use of the submitted content.
All content, together with all reproductions and negatives thereof, shall constitute the Producer’s sole property, and the Producer has the full right to dispose of any or all of them in any manner whatsoever and without accountability to me.
This release shall be binding on my heirs, executors, administrators and assigns.
- You may submit Content (video, audio, still image, meme) to the Producer to review. You understand that the Producer does not guarantee any confidentiality with respect to any Content you submit.
- You shall be solely responsible for your own Content and the consequences of submitting your Content. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to Content that you submit; and you license to the Producers all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication by the Producer pursuant to these Terms of Service.
- For clarity, you are giving all of your ownership rights to the Content you submit to the Producers. You understand and agree, that the Producers may retain, but not display, or distribute your Content that has been submitted.
- You further agree that Content you submit to the Producers will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Producers all of the license rights granted herein.
- You further agree that you will not submit any Content that is contrary to the TotallyADD Code of Honor, currently found at https://totallyadd.com/code-of-honor/ which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
- The Producer does not endorse any Content submitted by any user, or any opinion, recommendation, or advice expressed therein, and the Producer expressly disclaims any and all liability in connection with Content. The Producer does not permit copyright infringing activities and infringement of intellectual property rights. The Producer reserves the right to use or remove Content without prior notice.
Limitation of Liability
IN NO EVENT SHALL BIG BRAIN PRODUCTIONS INC., TOTALLYADD.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BIG BRAIN PRODUCTIONS INC. AND TOTALLYADD.COM SHALL NOT BE LIABLE FOR CONTENT YOU HAVE SUBMITTED AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PRODUCERS OPERATE FROM THEIR FACILITIES IN CANADA.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Big Brain Productions Inc. and TotallyADD, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the TotallyADD Submission Page; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Submission Page.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the TotallyADD Submission Page is not intended for children under 13. If you are under 13 years of age, then please do not submit Content. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Big Brain Productions Inc. without restriction.
Dated: June 22, 2015