"We" and "us" refers to the submitting party, and for simplicity’s sake refers to both individuals and groups.
"WBA" refers to the World Burping Association, LLC, its employees, sponsors, judges, individually and collectively, including their heirs, licensees, agents, personal representatives, owners, officers, directors, successors and assigns.
We are submitting one video to the WBA to compete against other submitted videos or to be considered for inclusion in and display on the WBA website, BurpForFame website and other related websites.
We will indemnify, defend and hold harmless the WBA (and its successors and affiliates) from and against all claims, demands, losses, damages, costs, judgments, liabilities and expenses (including attorney’s fees) arising out of or in connection with any and all claims of third parties, whether or not groundless, based on any video or other materials submitted by us to the WBA. We affirm, represent, warrant and/or guarantee the submitted video does not invade or defame the rights of any person, living or dead, and we fully indemnify the WBA (and its successors and affiliates) against any claim made for such invasion, defamation or other violations of law.
We further agree that we will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless we are the owner of such rights or have permission from their rightful owner to post the material and to grant the WBA (and its successors and affiliates) all of the license rights granted herein.
We agree that we will not, in connection with submitted videos, submit material that is contrary to the WBA Community Guidelines which may be updated from time to time, or contain any instruction or formula that is inaccurate or injurious to the user, or contrary to applicable local, national, and international laws and regulations.
We understand we shall be solely responsible for our own submissions and the consequences of the posting or publishing of them.
Notwithstanding this release, it is not the intent of this agreement to deprive us of any right we may have in our own work and to that extent we and the WBA (and its successors and affiliates) jointly own all rights in our work.
We shall be solely responsible for taking all necessary steps to establish and protect our copyright in the submitted material, and the WBA (and its successors and affiliates) shall have no obligation with respect thereto.
By submitting our video we hereby grant the WBA (and its successors and affiliates) the right to a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform all or part of said material, in any format, for use in its publicity, website, shows, compilations, products and any and all related distributions associated with the WBA (and its successors and affiliates).
We hereby grant the WBA (and its successors and affiliates) the right (but not the obligation), in perpetuity throughout the world, in all media, now or hereafter known, to exhibit our video and any derivative works, and to do so by whatever means using our actual or fictitious name, our likeness or photo, stills, audio and the video. On our own behalf, and on behalf of our heirs, next of kin, executors, administrators, successors and assigns, We hereby release the WBA (and its successors and affiliates) from any and all claims, liabilities and damages arising out of the rights granted hereunder, or the exercise there of.
We waive any right of inspection or approval of our appearance or the uses to which such appearance may be put.
We represent and warrant that we have the full power and authority to enter into this Release and that the grant and other provisions of this Release are not in conflict with and do not violate any commitment, agreement, obligation or understanding that we now have or will in the future have with any other person or entity.
The above licenses granted by us are perpetual and irrevocable.
We agree that this Agreement and Release shall be governed pursuant to the laws of the State of Nevada, and any claim or dispute between us and the WBA shall be resolved solely by a court of competent jurisdiction located in Lyon County, Nevada, without regard to the conflicts of law principles thereof. If any provision of this Release is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Release which shall remain in full force and effect. No waiver of any term of this Release shall be deemed a further or continuing waiver of such term or any other term, and the WBA’s failure to assert any right or provision under this Release shall not constitute a waiver of such right or provision.
We agree to accept any and all notice or notices, including but not limited to, service of legal documents and pleadings, by mail.