I am submitting a story (collectively with any related images, video, or audio material and with any related material provided at a later date, the “Story”) to Creste LLC (“TS”) via the story sharing feature of the thesecret.tv website. I realize that the Story may be broadly used by TS. The Story is submitted on the following conditions:
1. I represent and warrant that I am the sole author of the Story; that the Story is true and not misleading; that I am the present and sole owner of all right, title, and interest in and to the Story; that I have the exclusive, unconditional right and authority to submit and convey the Story to TS upon the terms and conditions set forth herein; and that no third party is entitled to any payment or other consideration as a condition of the exploitation of the Story.
2. I hereby grant (and release to) TS a perpetual, worldwide, royalty free, transferable license, with rights of sublicense, to publish, use for advertising or publicity purposes, and otherwise use the Story (or any portion or derivation thereof) in web, print, video, audio, and all other media (including, without limitation, any and all social media) and in any internet, radio, television, or live stage program. I agree that I will not be entitled to any compensation because of the use by TS of the Story or any similar material. I understand that TS may create, publish, and otherwise use fictionalized or dramatized versions of the Story, and I grant TS the right to fictionalize, dramatize, and adapt the Story for that purpose. I further acknowledge and agree that others may provide feedback or comments to my Story and neither TS nor its affiliates shall be responsible or liable for any such feedback or comments. TS also cannot guarantee that others will not use the Story, and TS and its affiliates are not responsible or liable for any use, misuse or misappropriation of your Story by others.
3. I further understand that TS would refuse to receive the Story in the absence of my acceptance of each and all of the provisions of this release and license. I acknowledge that no fiduciary or confidential relationship now exists between TS and me, and I further acknowledge that no such relationships are established between TS and me by reason of this release and license or by reason of my submission of the Story.
4. I agree to indemnify TS (and its owners, affiliates, officers, employees, and agents) from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable attorneys' fees and punitive damages) that may be asserted against TS or incurred by TS at any time in connection with the Story, or any use thereof, including without limitation those arising from any breach of the warranties and promises given by me herein.
5. I have retained at least one copy of the Story, and I release TS from any and all liability for loss or other damage to the copies of the Story submitted to TS hereunder.
6. TS may assign, license, or sublicense its rights hereunder. This release and license will inure to the benefit of any heirs, successors, representatives, assigns, and licensees of TS, and any such heir, successor, representative, assign, or licensee will be deemed a third party beneficiary under this release and license.
8. The grants, rights, and releases made hereby are irrevocable. Should any provision or part of any provision of this release and license be void or unenforceable, such provision or part thereof will be deemed omitted, and this release and license with such provision or part thereof omitted will remain in full force and effect.
9. This release and license will be governed by the laws of the State of Illinois of the United States of America applicable to agreements executed and to be fully performed therein.
10. I have read and understand this release and license and no oral representations of any kind have been made to me. This release and license states our entire understanding with reference to the subject matter hereof.
Version of December 20, 2013