USER-GENERATED CONTENT RELEASE
By uploading a video submission (each, a “Submission”), you acknowledge that you have read, understand and voluntarily agree to abide and be bound by the terms of this Release (the “Release”), and acknowledge that you have read, understand and consent to our Terms, located at https://katiecouric.com/terms-conditions/ (the “Terms”) and our Privacy Policy, located at https://katiecouric.com/privacy-policy/ (the “Privacy Policy”).
Please review this Release carefully before submitting your Submission(s), because it affects your rights. By uploading a Submission, you accept the terms of this Release and agree to be legally bound by them. If you do not agree to this Release, you should not upload any Submissions.
As part of your Submission(s), you may submit or transmit audio, video, text, or other materials, including so-called “user generated content” (collectively, “Content”) via our online portal or otherwise. When you submit or transmit Content to us, you grant to Hormonal! LLC (“Producer”), Trilogy Productions LLC, Katie Couric Media, LLC, each of their affiliates and partners, and each and all of their respective successors, licensees and assigns (collectively, the “Producer Entities”) an exclusive, worldwide, royalty-free, perpetual, irrevocable, fully-sublicensable and transferable license to use, reproduce, archive, edit, modify, add to, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit such Content, and any names, images, voices, likenesses and other identifying information of any persons (including yourself) included therein, in whole or in part, an unlimited number of times, in all languages, in any form, media, software, or technology of any kind now known or developed in the future, for any purpose, including, without limitation, in and in connection with the documentary production presently entitled, “Hormonal” (w.t.) (the “Project”), and/or in the advertising, sale, promotion, marketing, merchandising and distribution thereof, and/or any commercial tie-ins associated with any of the foregoing, whether or not same constitutes a direct or indirect endorsement. You hereby waive any moral rights you may have in your Content. You understand that you will not be entitled to receive any wages, benefits, fees or other compensation for granting these rights or for submitting your Submission(s). Producer has no obligation to review your Submission(s) or to use your Content in any manner whatsoever.
You bear all responsibility for your Submission(s), including, without limitation, any Content embodied therein. You agree that: (i) your Submission will not contain any third-party material protected by copyright or any other intellectual property right; (ii) your Submission will not contain any minors, contain any personal information about any other individual, or contain anything that you are under a contractual obligation to keep private or confidential; and (iii) your Submission will not contain any defamatory, derogatory, false, misleading or inappropriate content.
You acknowledge that the Content may include personal information and “sensitive personal information” as defined under applicable state privacy laws, which may include personal information revealing your health condition, sex life, sexual orientation, racial or ethnic origin, religious or philosophical beliefs, citizenship or immigration status, genetic data, or precise geolocation, and you expressly consent to Producer’s collection, use, and disclosure of such sensitive personal information for the purposes set forth herein. By uploading your Submission, you hereby consent to Producer’s collection, use and disclosure of such personal information and sensitive personal information for the full scope of purposes and uses for which Producer may use the Content hereunder. To the extent that you are a resident of a state with applicable state privacy laws, you acknowledge and agree that, by uploading your Submission and providing Content hereunder, you are directing and requesting that Producer collect, use, disclose, and process any personal information contained therein, including any sensitive personal information, for the purposes set forth in this Release, the Terms, and the Privacy Policy. You further acknowledge that (a) your Submission of Content constitutes your express consent to the collection, use, and disclosure of such personal information and sensitive personal information for the purposes described herein; (b) you are voluntarily choosing to disclose any such personal information or sensitive personal information to Producer; and (c) you waive any rights you may have under such state privacy laws to opt out of the sale or sharing of your personal information, to the extent your personal information is used in accordance with this Release. You understand that, to the extent applicable, you may still have certain non-waivable rights under applicable state privacy laws, including rights of access and deletion, subject to applicable exceptions; to exercise any such rights, please contact Producer using the contact information provided below.
You further represent and warrant that: (i) you are twenty-one (21) years of age or older; (ii) you have all rights necessary to grant the license described herein; (iii) your Submission(s), including, without limitation, any Content embodied therein, are original with you, and do not violate this Release, the rights of any third party, and/or applicable law; and (iv) you have not used any artificial intelligence or similar tools (including without limitation ChatGPT, any large-language-models (LLMs) or any analogous or similar tool, software or technology) in connection with your Submission(s) and/or the Content.
You assume liability for, and shall indemnify, defend, protect, save and hold harmless the Producer Entities, and each and all of their respective shareholders, directors, members, officers, employees, representatives and agents (the “Indemnified Parties”), from and against any and all claims, actions, suits, costs, liabilities, judgments, obligations, losses, penalties, expenses or damages (including, without limitation, reasonable outside legal fees and expenses) of whatsoever kind and nature imposed on, incurred by or asserted against any of the Indemnified Parties arising out of any breach or alleged breach by you of any representation, warranty or covenant made, or obligation assumed, by you pursuant to this Release.
You acknowledge and agree that (i) your Submission(s) and/or Content shall not be subject to the terms of any collective bargaining agreement and (ii) Producer is not a signatory to any collective bargaining agreement covering your participation and/or your Submission(s) hereunder.
You acknowledge and agree that your sole and exclusive remedy for Producer’s breach of this Release will be an action at law for monetary damages (if any) and in no event will Producer be liable to you or any third party for any indirect, incidental, consequential or punitive damages in connection therewith. You irrevocably waive any right to enjoin or restrain the distribution, exploitation, promotion, advertising and/or any other use of the Project and/or your Submissions or any elements thereof or rights therein, or otherwise to seek and/or obtain equitable or injunctive relief in connection herewith. You may not assign this Release in whole or in part without Producer’s prior, written consent. Producer may freely license or assign this Release and/or all or any part of its rights hereunder to any persons or entities whatsoever. The grant of rights, representations, warranties and indemnities hereunder will survive the expiration or other termination of this Release. This Release will be governed by the laws of the State of New York (without reference to New York’s choice of law rules), and you submit to the jurisdiction of the State and Federal courts located in the State and County of New York in connection with any dispute arising hereunder. This Release, including all additional terms, conditions, and policies posted in connection with the Submission (including, without limitation, the Terms and the Privacy Policy), reflect the complete understanding between you and Producer and supersede all prior discussions and understandings, oral or otherwise, with respect to the subject matter hereof. In the event of any conflict between this Release and the provisions of the Terms or the Privacy Policy, this Release shall control.
If you have questions regarding this Release, please contact Producer at barolofilms@katicecouric.com, and we will endeavor to respond to your request within a reasonable period of time.
