By visiting rodneyatkinsgoodnews.com (the "Website") and uploading a video of yourself (hereinafter, the "Submission Materials"), you irrevocably grant and convey to Curb Records, Inc. (“Curb Records”), its designees and assignees the right throughout the universe, in perpetuity, to use the Submission Materials, in whole or in part, alone or with other materials, as content on the Website and/or otherwise as Curb Records elects in its sole discretion in connection with Rodney Atkins (the “Artist”) in any and all media now known or hereafter devised, without compensation to you. You represent and warrant that:
- (A) all contents of the Submission Materials are wholly original, have been created entirely by you, have not been taken, in whole or in part, from any source other than you and do not incorporate and/or include anything that is owned and/or controlled by any third party;
- (B) you own and/or control one hundred percent (100%) of all right, title and interest in and to the Submission Materials, as well as all elements contained therein prior to the conveyance herein;
- (C) the use of the Submission Materials by Curb Records, its designees and assignees will not require the consent of any third party and the use of the Submission Materials by Curb Records, its designees and assignees will not and shall not violate any law and/or the copyright, trademark, publicity right, privacy right, and/or any other right of any third party;
- (D) the Submission Materials, and/or any part thereof, have not been commercially released;
- (E) you and each individual(s) participating, appearing and/or recognizable in the Submission Materials (each, a "Participant") are at least eighteen (18) years of age as of the date the Submission Materials was recorded;
- (F) you have the written consent, release and permission of each Participant in the Submission Material to participate in the Submission Materials as contemplated herein;
- (G) you and each Participant are legal resident(s) of the fifty (50) United States and the District of Columbia and Canada; and
- (H) you agree that the Submission Materials shall be a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, being the property of Curb Records.
The Submission Materials shall be deemed a “work made for hire” for Curb
Records. In the event the Submission Materials are considered not to be a
"work made for hire," you on behalf of yourself and each Participant
irrevocably assigns and conveys to Curb Records all right, title, and
interest in the Submission Materials (including, without limitation, the
copyright and any and all extensions and renewals thereof) in any and all
media whether now known or hereafter devised, in perpetuity, throughout the
universe, with the right to make any and all uses thereof, including,
without limitation, the potential use or display of your Submission
Materials on the Website and/or otherwise without compensation to you
and/or any Participant(s).
You represent and warrant that the Submission Materials do not contain references which are obscene, crude, vulgar and/or defamatory; depict or contain references to excessive consumption of alcoholic beverages; contain gang identification, references to commercial products, license plate numbers, phone numbers, personal addresses (physical or email), Website URLs, derogatory characterizations of any ethnic, racial, sexual and/or religious groups; contain references to illegal and/or inappropriate activity, behavior and/ or conduct; and/or contain any other references that could be considered inappropriate, unsuitable and/or offensive, as determined by Curb Records, in its sole discretion. Neither you nor any Participant(s) shall have any right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, and/or right of publicity) arising out of any use, blurring, alteration, and/or use in composite form of the Submission Materials. You on behalf of yourself and each Participant hereby release Curb Records, its designees and assignees from, and shall neither sue nor bring any proceeding against any such parties for, any liability, loss, demands, claims or causes of action, whether now known or unknown, for defamation, invasion and/or other violations of rights to privacy, publicity and/or personality, and/or any similar matter and/or based upon and/or relating to the use of the Submission Materials, and for any loss, damage, injury, including death, that you and/or each Participant may sustain. You irrevocably waive on your own behalf and on behalf of each Participant in favor of Curb Records, its designees and assignees any and all moral rights that you and/or any Participant(s) may have with respect to the Submission Materials. The rights granted under this paragraph shall extend to Curb Records, its designees and assignees. The materials to be used on the Website and/or in connection with the Artist will be selected by Curb Records, its designees and/or assignees in their sole discretion. Neither Curb Records, its designees nor assignees are under any obligation to use any of the Submission Materials. By providing the Submission Materials in connection herewith, you agree that you will complete and execute any and all documentation provided to you (if any), as-is, by Curb Records, its designees and/or assignees in connection with Curb Records,’ its designees’ and/or assignees’ use and ownership of the Submission Materials.
You agree to be bound by the decisions of Curb Records and to comply with all federal, state, and local laws and regulations.