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User Submission Agreement

1.  User Material

The term “User Material” means and refers to any and all content, media and materials of every kind and nature that you submit for posting at the Site.  You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any. User Material does not reflect the views of DocuCinema, and DocuCinema does not represent or guarantee the truthfulness, accuracy, or reliability of any User Material, or endorse or support any opinions expressed in any User Material. In no event shall DocuCinema have or be construed to have any responsibility or liability for or in connection with any User Material.

2.  Rights Granted to DocuCinema

In connection with all User Material you submit, you grant to DocuCinema the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Material on the Site and any other channels, services, and other distribution platforms, whether currently existing or existing or developed in the future for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to DocuCinema, in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to DocuCinema, these rights include, without limitation, the right to create derivative works of, distribute and synchronize all or any portion of your User Material in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your User Material; to encrypt, encode and decode, and compress and decompress all or any portion of your User Material; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your User Material; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your User Material; to excerpt and/or extract portions of your User Material in order to host, store, index, categorize and display your User Material in any manner whatsoever and to use your User Material as the basis for other works of any sort of kind and to fictionalize same in our sole discretion. By submitting User Material, in addition to the rights, licenses and privileges referred to above, you are also granting DocuCinema the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in any way whatsoever including without limitation marketing, advertising and promotion of any products, goods, features, functions, capabilities and/or services associated with DocuCinema and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your User Material, for any purpose whatsoever, without any credit, compensation or accounting to you without limitation or restriction whatsoever. The rights, licenses and privileges described in this Agreement and granted to DocuCinema shall commence immediately upon submission of your User Material and continue thereafter perpetually and indefinitely. DocuCinema shall have no obligation to use your User Material. Once you submit or attempt to submit User Material you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to DocuCinema. You are not entitled to and you will not receive any compensation or other consideration for your User Material or any use made of your User Material once submitted. You also understand and agree that neither all or any portion of your User Material, nor any commercial, advertisement, promotional, marketing or other material associated with your User Material, need to be submitted for your approval prior to use. You hereby release DocuCinema from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your User Material, including, without limitation, any and all liability for any use or nonuse of the your User Material, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. DocuCinema has the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with your User Material and the rights granted to DocuCinema hereunder.

3.  Ownership.

Except for the licenses, authorizations, consents and rights granted hereunder and described in this Agreement, as comprehensive and broad as they may seem or actually be, DocuCinema acquires no title or ownership rights in or to any User Material you submit and nothing in this Agreement conveys to us any ownership rights in your User Material. You must own the rights to the User Material you submit and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in this Agreement. If you do not exclusively own all of these rights, you must have all necessary authorizations, permissions, approvals, consents, rights and licenses from the owner(s) to enter into this Agreement and perform and comply with all of its obligations. You represent, warrant and covenant to DocuCinema and, by submitting User Material, you hereby represent, warrant and covenant that (a) you are not a minor and you have the legal right and capability to enter into this Agreement and perform and comply with all of its terms and condition or, if you are a teenager, your parent or legal guardian has agreed to this Agreement on your behalf, (b) all of the information provided by you associated with your User Material is correct, complete and current, (c) your submission of any User Material does not violate this Agreement, any rights of any other party, any of your obligations, any law or regulation or infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any party, and (d) you hold and will continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement as described. Upon the request of DocuCinema, you will furnish DocuCinema 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. You represent and warrant that the submission of your User Material is not subject to or under the jurisdiction of any guild or union collective bargaining agreement, and you further acknowledge that DocuCinema is not signatory to any such agreement. Notwithstanding anything to the contrary, you also understand and agree that DocuCinema shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of the User Material. You acknowledge that other persons may have submitted User 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 User 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 User Material, or any posting or display thereof, 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 User Material you or anyone else submits, that is purely coincidental and unavoidable. You hereby agree to indemnify, defend and hold harmless DocuCinema, without limitation, from and against any third party claims arising from, related to or caused by your User Material, the submission of User Material and/or in any way associated with this Agreement.

This Agreement is the entire agreement between you and DocuCinema relating to User Material and supersedes any prior or inconsistent agreements whether oral or written.  This Agreement is governed by the laws of the State of California, and the courts of Los Angeles shall be the exclusive jurisdiction for any disputes.