VIDEO UPLOAD AND RELEASE FORM
By entering into this agreement (the “Agreement”), you agree to the following:
Clever-Plays Studio Inc. (the “Studio”) is hosting a charitable campaign benefiting Oxfam International (the “Charitable Organization”), named “It Takes Two to Save the World” (the “Charitable Campaign”), in order to help raise awareness for the Charitable Organization.
As part of the Charitable Campaign, you (the “Participant” or “You”) will be granted access to the demo version of the Studio’s new two (2)-player cooperative espionage game “Operation: Tango” (the “Videogame”).
The Participant is invited to download the demo with a friend or another Participant, record their gameplay and upload the video (the “Gameplay Video”) via a dedicated landing page on the following website: www.operation-tango.com/charity (the “Website”). For every Gameplay Video that is uploaded to the Website and which conforms to the criteria of Section 5 herein, the Studio will donate up to five dollars ($5.00) to the Charitable Organization, up to a grand total of three thousand dollars ($3,000.00). Each Participant can upload up to one (1) Gameplay Video.
You agree that your participation in the Charitable Campaign is without compensation, is subject to the Studio’s prior approval and your continued compliance with the terms of this Agreement. The Studio reserves the right to refuse participation to any Participant at any time in its sole and absolute discretion, and to withdraw the Video Gameplay or other content, suspend, restrict and/or terminate your participation in the Charitable Campaign, immediately without notice to you and without liability to the Studio, for any reason.
Rights to the Content.
You retain the ownership rights in, and you are legally responsible for, the Video Gameplay that you submit via the Website.
By uploading, sending or otherwise making available your Video Gameplay to the Studio in connection with this Agreement, you are directing and authorizing the Studio to, and granting the Studio a royalty-free, worldwide, non-exclusive right and license to host, cache, transmit, store, modify, distribute and display the Video Gameplay on the Website, in whole or in part, and to host and display the following information on the Website: your name, your logo, your gamertag or gamer handle (the “Information”). This license gives the Studio the right to host and display your Video Gameplay and Information on the Website for no fee and to use the Video Gameplay and the Information for advertising purposes or promotional purposes related to the Charitable Campaign, including without limitation the right to host and display the Video Gameplay and the Information on the Internet (through social media accounts for example) and in printed form. Notwithstanding the foregoing, the Studio is not required to host or display the Video Gameplay and the Information, and may remove or refuse to host or display any and all such Video Gameplay and Information at its sole discretion. The Studio is not responsible for any loss, theft, intellectual property infringement or damage of any kind to the Video Gameplay or the Information.
The licenses provided herein shall extend to all languages, media, formats and markets now known or later discovered.
You waive the right to inspect or approve any finished product in which your likeness appears.
Video Gameplay Regulations.
The Video Gameplay that you upload to the Website must conform to the following rules: (i) it was created by you or you hold all necessary rights to it, (ii) it cannot include any third-party intellectual property, including copyrighted material, such as trademark or privacy rights, unless you have permission from that party or are otherwise legally entitled to use that intellectual property, (iii) it cannot contain excessively inappropriate language or behaviour, or any sexually explicit material or pornography, (iv) it cannot include any language that is hateful, harasses others, violates someone’s privacy, or include defamatory or discriminatory speech, (v) it cannot depict or promote violent activity, extreme or real-life violence, self-harm, or cruelty toward animals, (vi) it must present a complete walkthrough of the Videogame demo, (vii) it must be uploaded with a link to www.YouTube.com, (viii) it cannot promote or support terror or hate groups, (ix) it cannot exploit minors, (x) it cannot promote fraudulent or dubious business schemes or propose an unlawful transaction, (xi) it cannot violate any applicable law.
Release and Waiver.
You hereby release, acquit and forever discharge the Studio, its agents, officers and employees from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of the Video Gameplay or the Information, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation. You waive any right to royalties or other compensation arising or related to the use of the Video Gameplay or the Information.
You hereby warrant that you are eighteen (18) years old or more and competent to contract in your own name or. This release is binding on you and your heirs, assigns and personal representatives.
Limitation of liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) CLEVER-PLAYS STUDIO INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF CLEVER-PLAYS STUDIO INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) CLEVER-PLAYS STUDIO INC.’S TOTAL LIABILITY TO YOU, EXCEPT FOR CLEVER-PLAYS STUDIO INC.’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).