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Submitter Content Licence, Release and Waiver
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Submitter Content Submission Licence, Release and Waiver
In consideration of Local City Fun's agreement to allow you to post, e-mail, transmit, upload or otherwise submit any Submitter Content materials to the Local City Fun website or Services and, possibly, to review, and potentially publish any such materials submitted to Local City Fun by you, and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Local City Fun as follows.
1. You acknowledge that:
(a) by posting, e-mailing, transmitting, uploading or otherwise submitting any Submitter Content to the Local City Fun website or Services, you hereby irrevocably grant and assign to Local City Fun the unlimited right and licence, for the full term of copyright or any extension thereof, to copy, adapt, transmit, communicate, public display and perform, distribute and create compilations and derivative works from such Submitter Content, and to publish, reproduce and otherwise use and exploit the Submitter Content in any manner and in any and all media, whether now known or hereafter devised, throughout the world, without further compensation. Local City Fun shall be entitled to edit the Submitter Content, and you hereby waive in favour of Local City Fun and its assigns, all "moral rights" in and to the Submitter Content. Nothing herein shall obligate Local City Fun to use or publish the Submitter Content in any manner. The rights granted hereunder may be freely assigned or sub-licensed by Local City Fun to any third party.
(b) Local City Fun receives numerous submissions of ideas, stories and other materials from other sources and, in addition, Local City Fun creates, and/or commissions others to create on Local City Fun's behalf, such materials (collectively the "Local City Fun Materials"). The subject matter and substance and/or other elements (collectively the "Elements") contained in the Local City Fun Materials may be similar to those contained in the Submitter Content submitted by you. You expressly and irrevocably understand, acknowledge and agree that Local City Fun is accepting the Submitter Content at your request, which request was and is deemed to have been made by you after having been advised by Local City Fun that there are or may be pre-existing Local City Fun Materials which may have one or more Elements similar, or substantially similar, to those found in the Submitter Content;
(c) Local City Fun shall be entitled to use the Submitter Content you submit to Local City Fun without compensation or obligation to you; and
(d) There is no relationship of any type created, including without limitation any agency, or fiduciary relationship, as between you and Local City Fun, by virtue of the submission by you of the Submitter Content to Local City Fun hereunder.
2. You hereby expressly and irrevocably release and forever discharge Local City Fun, its parent, subsidiary, affiliated and associated companies, and their directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of, Local City Fun's use of the Submitter Content.
3. You represent and warrant that:
(a) the Submitter Content you submit, and each and every of its component elements, are wholly original with you and not copied in whole or part from any other work;
(b) you have the full and complete right to grant the permissions given hereunder to Local City Fun, and that no further permissions are required from, nor payments required to be made to any third party in connection with the use by Local City Fun of the Submitter Content as contemplated herein; and
(c) the Submitter Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or company, or violate any law or judicial or governmental order.
4. You hereby agree to indemnify and hold harmless Local City Fun, its partners, co-producers, financiers and distributors, their parent, affiliated and related companies, and all of their respective individual shareholders, directors, officers, employees, licensees and assigns from and against any claims, actions, losses and expenses (including legal expenses) occasioned by any breach of your representations and warranties or any other provision of this license, release and waiver.
5. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Local City Fun, all of which such rights are hereby expressly and irrevocably waived by you in favour of Local City Fun.
6. You acknowledge having obtained independent legal advice in connection with this license, release and waiver, failing which, you shall be deemed to have voluntarily waived the right to seek such independent legal advice.
7. Except to the extent that they conflict with the license, release and waiver terms of the upload of your Music, Photos, and/or Submitter Content, the general Terms and Conditions for use of the Local City Fun website and Services are also applicable to your submission of Submitter Content and such Terms and Conditions are incorporated into this license. If those general Local City Fun Terms and Conditions conflict with the terms and conditions of this license, release and waiver, this license, release and waiver will govern.
Except as otherwise defined in this license, any capitalized terms shall have the meanings given to such terms in the general Terms and Conditions.
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