Wednesday, August 2, 2006
This Submission Agreement ("Agreement") is by and between Washingtonpost.Newsweek Interactive located at 1515 N. Courthouse Rd, Arlington VA, 22201 ("WPNI") and you, as a user of the WPNI Web site who intends to create the Recording described herein ("User").
Whereas, WPNI intends to provide to User a video that contains one-half of an interview with a celebrity; and
Whereas, User intends to create a Recording (defined below) utilizing the video provided by WPNI.
Now therefore, in consideration of the foregoing, WPNI and User hereby agree to the following terms:
(1) WPNI will make available to User on its Web site, located at http://www.washingtonpost.com/wp-dyn/content/video/2006/08/01/VI2006080100794.html (the "Site"), a video that contains one-half of an interview with a celebrity. User may then splice the video with footage of him/herself, or a friend or associate, participating in the other half of the interview ("Recording"). After completion of the Recording, the User must submit the Recording to WPNI. WPNI will publish on the Site all Recordings that meet the Recording Requirements, described below. Recordings that do not meet the Recording Requirements will not be published and may be destroyed, deleted or otherwise removed.
(2) WPNI will only publish Recordings that meet the following requirements ("Recording Requirements"):
(a) The Recording must not be derogatory, generally offensive, threatening, sexually offensive, defamatory, libelous or otherwise cast the celebrity in a negative light;
(b) The Recording must be original and User must ensure that he or she has all the rights necessary to allow the WPNI to use the video as set forth herein;
(c) The Recording must not infringe on any third party's intellectual property rights, privacy or publicity rights;
(d) The Recording must not be no longer than 3 minutes in length; and
(e) The Recording must be in Quicktime (.mov) or Windows Media (.wmv) format.
(3) User warrants and represents that he or she owns, or has the right to fully exploit, the content that he or she incorporates into the Recording. If the User incorporates into the Recording any intellectual property or any persona, name, voice or likeness that is owned by another party, User warrants that he or she has obtained permission from such owner. WPNI may otherwise reject any Recording that it believes violates a third party's rights, including intellectual property and/or privacy or publicity rights.
(4) User agrees to grant and assign all right, title and interest in the Recording to WPNI. Further, User grants WPNI the right to display and use his or her image, persona, name, voice and likeness on the Site in connection with the Recording. In addition, User grants to WPNI the right to display and use any and all third party intellectual property and/or publicity or privacy rights that are incorporated into the Recording.
(5) User releases WPNI, its affiliated, parent, and subsidiary companies and partners, its employees, agents and officers, advertising and promotion agencies, as well as all others associated with the development and execution of the Site or the publication of the Recordings, from and against any and all liability with respect to or in any way arising from the publication of the Recording.
(6) User agrees to indemnify WPNI, its parents, affiliates and agencies and respective officers, employees, managers, agents, successors or assignees, from any and all claims, damages, causes of action or injuries that result from, or are related to, WPNI's publication or use of the Recording, including any claims, damages or causes of action that arise due to the content within the Recording.