This Agreement is made to allow Oakley Home Pictures, Internet Cartoons Forum's "ToonZone" interactive service and their related entities (collectively "OHP"), to include me as a participant, and to allow OHP to use my name, images, writings, and other materials that I contribute via uploading, including but not limited to my art work, photographs, proposals, literary material, video, audio, voices, songs, conversations, sounds, words and/or musical compositions (collectively "Uploads") in connection with the "ToonZone" service, its advertising, promotion, programming, and/or merchandising throughout the world forever. OHP shall have the right but not the obligation to reproduce, edit, exhibit, transmit, distribute and use in any way all of the Uploads I have contributed, in whole and/or in part. I grant OHP a non-exclusive license to use the Uploads, in whole or in part, throughout the universe, in perpetuity, in all forms and formats now known or hereafter created, and to license others to so use the Uploads, in any manner OHP may determine at its sole discretion. I understand that users of the "ToonZone" service may be able to download any or all of my contributions without my approval or control and understand that OHP has no control and/or responsibility for this type of use by third parties. I hereby release OHP from all liability related to third party use of such downloaded contributions. I recognize that my acceptance of this release is a condition of OHP's permitting me to be a participant in the Internet Cartoons Forum's "ToonZone" service, and OHP's use of the Uploads. By submitting these Uploads, I warrant that they were created solely by me and I have the right to publish them. I warrant that my submissions comply with all applicable laws including copyright and trademark law. More specifically, I warrant that the Uploads do not contain any material from any other person or source, and do not use any names or logos of any existing products or companies, and do not represent any trademarked or copyrighted characters, personalities, titles or any other intellectual properties owned by any other person or company, unless I have the owner(s)' written consent to use them in my contribution. I understand that I will not be entitled to any compensation because of OHP's use of the Uploads I have contributed. I also understand that since OHP expects to receive many Uploads, none of my Uploads can be removed or returned to me, and that not everyone's Uploads will be used. I agree to defend, indemnify and hold OHP harmless from any claims, losses and damages, including attorney fees, resulting from my violation of any of the provisions of this Agreement. This Agreement is governed by and construed in accordance with the laws of the State of Indiana and the parties consent to arbitrate all disputes related to this Agreement before a single arbitrator in Goshen, Indiana in an arbitration administered under the commercial arbitration rules of the American Arbitration Association. By submitting Uploads to OHP, I agree to be bound by and to comply with this Agreement, just as if I had signed it. |