Live Q&A Question - Submission
Release
I am submitting a question
(collectively with any related images, video, or audio material and with any
related material provided at a later date, the “video”) to Creste LLC (“TS”)
via the question sharing feature of the thesecret.tv website. I realize that
the question may be broadly used by TS. The questions is submitted on the
following conditions:
1. I represent and warrant that I am
the sole author of the question; that the question is true and not misleading;
that I am the present and sole owner of all right, title, and interest in and
to the question; that I have the exclusive, unconditional right and authority
to submit and convey the question 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 question.
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 question (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 question or any similar material. I understand that TS may
create, publish, and otherwise use fictionalized or dramatized versions of the question,
and I grant TS the right to fictionalize, dramatize, and adapt the question for
that purpose. I further acknowledge and agree that others may provide feedback
or comments to my question 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 question, and TS and its affiliates are
not responsible or liable for any use, misuse or misappropriation of your question
by others.
3. I further understand that TS would
refuse to receive the question 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 question.
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 question, 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 question, and I release TS from any and all liability for loss or other
damage to the copies of the question 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.
7. I hereby acknowledge and agree that
there are no prior or contemporaneous oral or other agreements in effect
between TS and me pertaining to the question, or pertaining to any material
(including, but not limited to, agreements pertaining to the submission by me
of any ideas, formats, product ideas, or the like), except that the terms of
use applicable to thesecret.tv website also apply to my submission of the question
and related material to the extent not inconsistent with 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 May 15, 2024