Please read this Submission Agreement carefully because it represents your legally binding agreement (“Agreement”) with Maroon 5 (“us” or “Administrator”) in connection with your submission of Submission Material (defined below) to the websites www.maroon5.com (“Website”) via certain technology, functionality and/or features available to upload, download or otherwise transfer such material (collectively, the “Submission Features”) for possible inclusion, at our sole discretion, in a music video featuring the performances of “Maroon 5” (“Music Video”).
By submitting Submission Material, or by using or attempting to use the Submission Features, you are signifying your agreement with and acceptance of all terms and conditions of this Agreement.
1. The term “Submission Material” means and refers to any and all content, media and materials you submit through the Submission Features (or otherwise as provided in the Instructions). When you submit Submission Material you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the Submission Material, length, your location and/or similar information. By submitting Submission Material, you are also agreeing and you understand that the term “Submission Material” also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your submission. Personal information collected with submissions is subject to the Website’s Privacy Policy.
2. Instructions for submitting Submission Material (“Instructions”) can be found on the Website. Submission Material must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission which can also be found on the Website. Submission Material becomes the property of Administrator and will not be returned.
3. Children under age 18 must have a parent or legal guardian's written permission to submit Submission Material and such permission must accompany the Submission Material or it will not be considered. If you are under 18 years of age do not use or attempt to use the Submission Features without the written permission of a parent or legal guardian. You should carefully read our Privacy Policy for more information regarding the collection of personal information from children.
4. All contents of Submission Material must be completely original to you and must not have been taken or composed, in whole or in part, from any other source other than you, including, without limitation all graphic, video and audio elements, imagery and artwork appearing in the Submission Material and must be free and clear of any liens or claims with respect to the use of the Submission Material. In addition, Submission Material, or any part thereof, must not have been released commercially.
5. You agree you will not submit, or attempt to submit, and we have the right to reject, refuse to accept, or otherwise handle as we deem appropriate, any “Unauthorized Content” which is defined as any Submission Material that is or could be construed as violating any of the terms and conditions of this Agreement. Submission Material must not contain, include or involve any of the following:
• Obscenity
• Private property, or other property unless entrant has obtained a signed property release specific for the uses specified herein
• Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
• Gang signs or symbols
• Nudity
• Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements
• License plates, phone numbers, personal addresses- physical or email or otherwise
• Website or web page links
• Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others
• Trespass or the violation of other people’s rights or property
• Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
• Conduct or activities in violation of this Agreement
• Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Administrator, in its sole discretion.
6. By submitting Submission Material you agree to, confirm and represent to us that neither you nor anyone else has engaged or taken part in (or induced or encouraged anyone else to do so) any activity or conduct in connection with the Submission Material that: (i) may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living thing or any property; (ii) may or is likely to create a risk of any other loss or damage to person, living things or property; (iii) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortious conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party; or (iv) violates any of the terms or conditions of this Agreement. We are not obligated to review, consider, use, publish, display or broadcast any materials submitted.
7. For good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged by you), you unconditionally assign and transfer all ideas, concepts, copyrighted materials and trademarks contained in the Submission Material and any and all rights including "moral rights" in the Submission Material to us. We shall have the right to use, assign or dispose of the Submission Material however we see fit without approval of or compensation to, you or any third party. Without limitation of the foregoing, you hereby expressly acknowledge, certify and agree that the Submission Material is and shall be deemed a “work made for hire” (as defined under the U.S. Copyright Act of 1976, as amended, and for the purpose of all other copyright laws throughout the universe) for us and/or a work assigned to us, as applicable. You further acknowledge, certify and agree that we are and shall be deemed the author and/or exclusive owner of all of the foregoing for all purposes and the exclusive owner throughout the universe in perpetuity of all the rights comprised in the copyright thereof, and of any and all other rights thereto, and that we shall have the right to exploit any and all of the foregoing in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all formats and configurations as we determine. You hereby assign to us any and all so-called “rental or lending rights” or similar rights and you expressly acknowledge that the consideration herein is equitable consideration for such rights. If it is determined that the Submission Material does not qualify as a “work made for hire,” then such Submission Material, together with all rights therein shall be automatically assigned to us by this agreement. You hereby grant to us the right as attorney-in-fact solely to execute, acknowledge, deliver and record in the United States Copyright Office or elsewhere any and all such additional documents as we may deem necessary to evidence and effectuate our rights hereunder. Without limiting any of our rights in the Submission Material, we shall have the universe-wide right, in perpetuity, in its sole discretion, to use and exploit the Submission Material in any and all media now known or hereafter devised and by any means or methods now known or hereafter devised.
8. You hereby grant to us the right to issue and authorize publicity concerning you, and to use your name (including any professional names), voice, likeness and biographical data in connection with the Submission Material and/or the distribution, exhibition, advertising and exploitation of the Music Video embodying the Submission Material.
9. You hereby irrevocably grant us the right, within our sole discretion, to embody the Submission Material, or any portion thereof, in a Music Video, and you irrevocably waive any claim, including any claim to any remuneration, other than as expressly provided for herein in connection therewith. We shall have the right to modify, edit, adapt, and/or alter the Submission Material or any portion thereof without compensation or further notice to you.
10. You acknowledge that other persons may have submitted Submission Material to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your Submission Material or concepts contained therein, and you understand and agree you will not be entitled to any compensation because of the use or exploitation thereof and the submission of Submission Material, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any Submission Material you or anyone else submits, that is purely coincidental and unavoidable.
11. You hereby warrant and represent: (a) that you are not a minor, (b) that you have the full right and power to enter into this agreement and to grant the rights granted hereunder, and that you are not bound by any agreement which would restrict you from granting such rights, (c) that we may use any ideas, concepts, material, in whole or in part, contained in the Submission Material, (d) that all materials submitted are free from any lien or claim by anyone, including, but not limited to any union, guild or performance rights society; (e) that you have obtained all rights, permissions and licenses necessary for us to use the Submission Material for any purpose; and (f) that no Submission Material or any part thereof infringes any trademark or copyright or otherwise violates anyone’s right of privacy or publicity.
12. Upon our request, you shall furnish any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement, including, without limitation, the foregoing representations, warranties and covenants.
13. You hereby irrevocably and forever waive, release, discharge, hold harmless and disclaim us and each of our respective directors, officers, agents, representatives, employees, and parents, subsidiaries and affiliates, directors, officers, agents (collectively, the "Released Parties") from and against any and all claims, costs, losses, injuries, causes of action, lawsuits and demands, attorneys' fees, expenses or other liabilities of any kind (now known or unknown) which you, or any party claiming by, through or for you may have had, now has or hereafter may have against one or more of the Released Parties arising out of or in any way relating to the to the Submission Material and/or any Music Video, no matter how they may be caused.
14. You shall have the status of an independent contractor hereunder, and except for the purposes above, nothing herein contained shall constitute or contemplate you as our agent or employee.
15. Under no circumstances shall you be entitled to seek termination or an injunction of this agreement, including, without limitation, an injunction with respect to any Music Video.
16. Other than the consideration expressly stated herein, no further payments will be due to you in connection with the Submission Material or the exploitation of the Submission Material and/or the Music Video.
17. You acknowledge and agree that you have read this agreement.