Terms & Conditions
SUBMISSION TERMS & CONDITIONS
The following Submission Terms & Conditions are hereby incorporated into the Official Rules and are by and between Revry, Inc. d.b.a QueerX (“QueerX”) and myself (“I,” “me,” or “Entrant”). The Festival Guidelines, the Official Rules, and these Submission Terms & Conditions are hereinafter collectively referred to as the "Agreement." All capitalized terms shall have the same meaning as set forth in this Agreement.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
In exchange for the opportunity for my Material to be considered for exhibition at the Event, and other good and valuable consideration – including the opportunity for publicity – the receipt and sufficiency of which is hereby acknowledged, by submitting my Material to QueerX I am agreeing to all of the following:
1. OWNERSHIP. QueerX and the Entrant agree that: (a) the terms of this Agreement shall not confer in Entrant any rights of ownership in the Event or any part thereof (including, but not limited to, all rights of copyright) which shall remain exclusively in QueerX; (b) Entrant grants QueerX the right to tape, photograph, and record Entrant’s voice, conversation and sounds, including any performance of any musical composition(s), during and in connection with my appearance at or in connection with the Event and that QueerX shall be the exclusive owner of the results and proceeds of such taping, photography, and recording with the right, throughout the world, an unlimited number of times in perpetuity, to copyright, to use and to license others to use, in any manner, and in all media, now known or hereafter devised, all or any portion thereof or of a reproduction thereof in and in connection with the Event; and (c) by entering into this Agreement, Entrant is agreeing that QueerX may use and license others to use, with and in connection to the Event, Entrant’s name, voice, likeness and certain biographical material, in any and all media and in the promotion, advertising, sale, publicizing and exploitation of and in connection with the Event, throughout the world in all media, an unlimited number of times in perpetuity, without any obligation to me whatsoever regarding royalties or residuals.
2. LICENSE. Entrant hereby grants to QueerX, and its direct and indirect parents, subsidiaries and affiliates an irrevocable, royalty-free and non-exclusive license to reproduce, distribute, publicly display, publicly perform, transmit, broadcast, and/or otherwise use and exploit the Material or any portion thereof, including without limitation images and/or footage including or incorporating the Material, and the right to prepare derivatives based on the Material solely for the purpose of advertising, marketing, promoting, and otherwise exploiting the Event and QueerX in any manner and in and on any form, method, or media now known or hereinafter devised. I hereby agree to waive any right that I may have to inspect or approve QueerX’s use of the Material in connection with the Event and/or the advertising, promotion and/or marketing thereof. I further waive and relinquish any right that I have or may hereafter have in any jurisdiction, to so called "moral rights" or rights of "droit moral" with respect to results and proceeds of the Material and agree, represent, and warrant that QueerX may combine, alter or modify such Material (at its option and in its sole discretion) without the consent of any third party.
3. REPRESENTATIONS & WARRANTIES. I hereby represent, warrant and covenant to the following: (a) I have read and agree to the Agreement, (b) I have the full and legal power and authority to accept the Agreement and to grant the rights outlined herein; (c) no other consents, authorizations or payments are necessary to permit QueerX full use and enjoyment of the rights granted herein; (d) I will undertake and perform all of my obligations pursuant to this Agreement in compliance with all applicable federal, state and local rules, laws and regulations; (e) QueerX’s use of the Material, and the exercise of the granted rights, shall not infringe upon or violate the copyrights, trademarks, trade names, rights of privacy or publicity or any other personal or proprietary rights of any person or entity, nor constitute defamation nor otherwise result in any third party liability to QueerX or its successors, assigns or licensees; and (f) I have paid and will continue to pay in full all licenses, clearance fees, and any other obligations of any kind necessary for QueerX’s full exercise of the granted rights.
4. INDEMNIFICATION. Entrant agrees to release, discharge, defend (at QueerX’s election), indemnify and hold harmless QueerX, the Judges, and each of their respective direct and indirect parents, subsidiaries, affiliated and related entities, and each of the respective principals, shareholders, officers, directors, members, employees, contractors, representatives, agents, successors, licensees and assigns of each of the foregoing (collectively, the “Indemnitees”) from and against any and all claims, liabilities, losses, damages, expenses, demands and costs based upon or related to: (a) a breach of any of Entrant's representations, warranties or agreements hereunder; (b) the negligence or willful misconduct of Entrant’s agents, contractors, employees, invitees, licensees or representatives; (c) materials appearing in the Materials or otherwise that were provided to QueerX (or any of its agents) by Entrant (including intellectual property owner by or submitted by Entrant); (d) the QueerX or the Indemnitees use of the Materials hereunder; and, (e) the Event or resulting from acceptance, possession, or use of the prize/awards. Entrant further agrees that Entrant must not assert or maintain, or consent that others assert or maintain, any claim or action of any kind whatsoever against QueerX or the Indemnitees, including without limitation on the ground that (y) anything contained in the Event or in the distribution and advertisements of the Event or (z) the use by QueerX and Indemnitees of the Materials, Entrant’s intellectual property violates or otherwise infringes any of Entrant’s rights or portrays Entrant in a defamatory, false and/or negative light.
5. ASSIGNMENTS. This Agreement may not be assigned nor delegated by Entrant without the written consent of QueerX. QueerX may freely assign its rights and obligations under this Agreement in whole or in part to any third party. This Agreement and the rights granted herein shall inure to the benefit of QueerX and its successors, assigns, licensees, and related entities.
6. NO OBLIGATION TO USE THE SUBMITTED MATERIALS. Nothing herein shall be deemed to obligate QueerX to use the Materials nor Entrant's name, voice, likeness, and biographical information in or in connection with the Event or otherwise.
7. NO GUARANTEES. I agree, on behalf of myself that QueerX has made no claims, representations or guarantees, and has provided no assurances, in relation to the internal process utilized by the QueerX with respect to selection of Material for inclusion in the Event and that the submission of the Material neither imposes nor creates any obligation or responsibility on the part of the QueerX to provide me or my or their related parties with comments, feedback or other information pertaining to the viewing or consideration of the Material by the Event for possible inclusion in the Event.
8. NON-WAIVER. No provision of this Agreement shall be deemed waived, modified or amended by either party unless such waiver, modification or amendment shall be in writing and signed by both parties hereto. A waiver of any of the terms or conditions of this Agreement in any instance shall not be deemed or construed to be a waiver of such term or condition for the future.
9. GOVERNING LAW; ARBITRATION. This Agreement is governed by and made with reference to the laws of the State of California without regard to its conflict of law rules. The parties hereby agree that any controversy, claim or dispute between the Entrant and QueerX (including the Indemnitees) relating to or arising out of this Agreement will be submitted to final, confidential and binding arbitration before a single, neutral arbitrator in Los Angeles County, California, for determination in accordance with the rules and procedures of ADR Services, Inc., (viewable at as such will be amended from time to time, as the exclusive remedy for such controversy, claim, or dispute. The arbitrator must issue a written decision stating the essential findings and conclusions on which the award is based, and will have full authority to award all remedies that would be available in court. By agreeing to this binding arbitration provision, the parties give up all rights to a trial by jury.
10. REMEDIES. In the event of breach by QueerX, Entrant waives equitable relief and its respective remedies including any right to (a) terminate this Agreement; (b) rescind or terminate QueerX’s right, title and interest in and to the Materials or the Event; or (c) enjoin, restrain or otherwise impair in any manner the production, distribution, advertising or exploitation of the Material and/or the Event. Entrant understands that any remedies that Entrant may have against QueerX or the Indemnitees in connection with the Materials and/or the Event shall be limited solely to an action for damages at law.
11. FURTHER DOCUMENTS. Entrant agrees to execute, deliver, file any and all further instruments, and do any other acts as may be reasonably required by QueerX or its assignees or licensees to further evidence, effectuate, or carry out the purposes of this Agreement.
12. HEADINGS. The headings at the beginning of each of the paragraphs hereof are for reference only and shall not affect the meaning or construction of this Agreement.
13. SEVERABILITY. In the event that any term or provision of this Agreement shall be held invalid by a competent court or governmental agency, the remainder of this Agreement shall not be affected thereby, and the parties hereto shall continue to be bound by the remaining terms hereof.
14. ENTIRE UNDERSTANDING. The provisions of this Agreement constitute the entire understanding between the parties hereto with respect to the subject matter hereof. This Agreement will not be construed as creating a joint venture, partnership, agency or employment relationship between the parties hereto nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other. No other agreements, or understandings, whether oral or written, shall be deemed to apply the material produced by or on behalf of Entrant or the parties' relative rights and obligations with respect thereto.