To submit a video, you must accept our Video Submission Release Agreement. By clicking “Agree”, you confirm you have read and agree to this Video Submission Release Agreement.
1. I agree that TIME shall exclusively own as a work “made for hire” under the United States copyright laws, and to the extent that they may not constitute a work made for hire for any reason, hereby irrevocably transfer to TIME all right, title, and interest (including, without limitation, all copyrights) in and to, the video that I am submitting (“the “Video Submission”) and any other materials that I have provided or may provide in connection with the project currently entitled “TIME Optimist Project” (the “Project”) (collectively, the “Materials”), including, without limitation, the right to edit, alter or modify the Video Submission and any other Materials and to use all or part of the Video Submission and any other Materials and my voice, actions, likeness, name, appearance, biographical material, and any information about me contained in, derived from or obtained in connection with the Video Submission and any other Materials (collectively “Likeness”) in and in connection with the development, production, distribution and/or exploitation of the Project and/or any other production and in the advertisements, publicity and promotions for the Project, any other production, and for any entity that sponsors, advertises in, exhibits or otherwise exploits my Likeness, the Video Submission, any other Materials, the Project or other production throughout the universe at any time, in perpetuity, in any and all media, whether now known or hereafter devised. I understand that I will not be paid any money for giving TIME these rights or for entering into this agreement. TIME will have no obligation to use my Video Submission or any other Materials submitted by me or to complete, distribute, exhibit or exploit the Project.
2. I warrant and represent that I have the right and authority to enter into this agreement and that it is not necessary to pay any fees to any collective bargaining organization, guild or other party in connection with my involvement with the Project, including, without limitation, the use of my Video Submission and any other Materials.
3. I warrant and represent that everyone appearing in my Video Submission and any other Materials submitted by me and anyone that may have shot and/or created in any manner the Video Submission, any other Materials and any elements contained therein has given his/her permission that the Video Submission and other Materials may be used in and in connection with the development, production, distribution and/or exploitation of the Project and/or any other production and in the advertisements, publicity and promotions for the Project, any other production, and for any entity that sponsors, advertises in, exhibits or otherwise exploits my Likeness, the Video Submission, any other Materials, the Project or other production throughout the universe at any time, in perpetuity, in any and all media, whether now known or hereafter devised, without any compensation whatsoever.
4. The Video Submission and any other Materials submitted by me: (i) are my own original, previously unpublished, and previously unproduced work, (ii) as of the date of submission, are not the subject of any actual or threatened litigation or claim, (iii) do not infringe upon nor violate the intellectual property rights or other rights of any other person or entity and (iv) do not and will not violate any applicable laws. I will, upon request, furnish to Producer any documentation, substantiation, and releases necessary and reasonably required from all persons appearing in, or whose Likeness appears in the Video Submission and any other Materials, location releases for all recognizable locations, and releases from anyone who assisted in the creation of and/or furnished any elements of the Video Submission and any other Materials to prove, confirm, verify, and substantiate my compliance with any or all of the terms and conditions herein, including, without limitation, the foregoing representations and warranties. In the event I cannot provide all required releases, TIME reserves the right, in its sole discretion, to seek to secure the releases and clearances for TIME’s benefit, and in any event allow the applicable Materials to be utilized. Without in any way limiting the foregoing, if I perform or include any music in connection with my Video Submission or any other Materials submitted by me, I represent and warrant that I own and/or control all rights to such music, and I grant TIME the right to record, reproduce and publicly perform any such music in and in connection with the Project or any other work by any and all media now known or hereafter devised, throughout the universe, in perpetuity. Without in any way limiting the waivers and releases set forth herein, I waive any claims to royalties of any kind, whether accruing now or in the future, from Releasees (as defined below) for the use of any such music, including, without limitation, any applicable copyright, public performance, mechanical and synchronization royalties.
5. I, on my own behalf, and on behalf of my heirs, assigns, executors and administrators, hereby release and hold harmless TIME and any of its licensees, successors, assignees, parents, subsidiaries, or affiliated entities, all other persons and entities connected with the Project, and each of their respective employees, agents, representatives, officers and directors (collectively “Releasees”) from and against any and all actions, causes of action, suits, debts, controversies, claims and demands whatsoever resulting from, arising out of, or related to my involvement with the Project, the use of my Likeness, my Video Submission and any other Materials submitted by me. In connection with the releases herein, I hereby expressly waive any and all rights and benefits conferred by the provisions of Section 1542 of the California Civil Code or by any similar law or provision of any jurisdiction throughout the world. Section 1542 reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
6. My remedies for any breach of this agreement by Releasees or others will be limited to an action for damages and in no event will I be entitled to rescind this agreement or seek injunctive or any other equitable relief in connection with the production, distribution, exhibition, exploitation, advertising and/or promotion of the Project, my Video Submission, any other Materials submitted by me or the rights therein.
7. Releasees may freely assign, in whole or in part, any of their rights or obligations under this agreement. I may not assign my rights and obligations under this agreement.
8. This Agreement and any dispute related thereto or arising therefrom shall be construed in accordance with the laws of the State of New York without regard to its conflicts of law principles that would require another state’s law to apply. Any action, proceeding or litigation concerning this agreement or the Project, my Video Submission or any other Materials submitted by me may only be brought in New York County, New York, and I hereby agree that the state and federal courts located in New York County, New York, shall have exclusive jurisdiction over me and the subject matter of any such proceeding.
9. Any provision of this agreement that is invalid, illegal, or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provision of this agreement invalid, illegal or unenforceable in any other jurisdiction. This agreement reflects my and TIME’S entire understanding concerning this subject matter, supersedes any oral understanding or negotiations. Any laws that require or suggest that the interpretation of a document or agreement, or the resolution of any ambiguities contained therein, should be resolved against the drafter of the document or agreement, are hereby waived. No modification, alteration or amendment of this agreement will be valid or binding unless in writing and signed by both TIME and me. No waiver by Releasees of any term or condition of this agreement will be construed as a waiver by Releasees of any other term or condition; nor will any waiver by Releasees of any default under this agreement be construed as a waiver by Releasees of any other default. It is further understood and agreed that no failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.