Media Submission Terms and Conditions
IMPORTANT: These Media Submission Terms and Conditions give certain rights to Mana in any Work that you choose to submit to Mana. By submitting any Work to Mana, you agree to grant the rights and perform the obligations in this document. If you do not wish to be bound by these terms, do not submit any Work to Mana.
These Media Submission Terms and Conditions (these “Terms”) set forth the agreement between Shashi Kant, an individual operating the @_mana_ channel on YouTube (“Mana”), and you (“you”) with respect to any works that you submit to Mana as described in 1 below.Mana features content from a number of contributors, including content raising awareness of issues around PTSD. In consideration of the intangible value you expect to gain from contributing Works (defined below) to Mana, you agree as follows:
1. Works. From time to time, you may create and provide to Mana certain works of authorship, such as photographs, drawings, audiovisual recordings, animations, and written text (the “Works”).
2. Clearance. Prior to delivery of any Work, you will obtain from all persons who are, or whose property is, identified, depicted, or otherwise referred to in such Work, such licenses, permissions, waivers, and consents ( “Permissions”), including those relating to publicity and privacy, as are or reasonably may be expected to be necessary for Mana, including its licensees, successors, and assigns, to exercise the rights granted in Section 3 without incurring any payment or other obligation to, or otherwise violating any right of, any third party.
3. Grant of Rights. You hereby grant to Mana and its affiliates, and each of their respective direct and indirect licensees, successors, and assigns (collectively, “Licensee”), a perpetual, irrevocable, freely transferable and sublicensable, fully paid-up and royalty-free right and license to reproduce, perform publicly, display publicly, and otherwise use the Works, under all copyrights and other intellectual property rights. For purposes of clarity and without limiting the foregoing, you agree that the foregoing grant includes the rights: (a) to modify, edit, combine with other materials, translate, include in collective works, and create derivative works of the Works (collectively, “Adapt”; “Adapted,” and “Adaptation” shall have correlative meanings); and (b) to reproduce, perform (publicly or otherwise), display (publicly or otherwise), and transmit the Works, in whole or in part, as provided by you unmodified or as Adapted.
4. Ownership. You will own and retain all right, title, and interest in and to the Works, subject to the license granted in 3. Licensee will own and retain all right, title, and interest in and to all Adaptations of the Works made by, or by any third party for the benefit of, Licensee, subject to your rights in the underlying Works.
5. Clearance. Prior to delivery of any Work, you will obtain from all persons who are, or whose property is, identified, depicted, or otherwise referred to in such Work, such licenses, permissions, waivers, and consents ( “Permissions”), including those relating to publicity and privacy, as are or reasonably may be expected to be necessary for Mana, including its licensees, successors, and assigns, to exercise the rights granted in Section 3 without incurring any payment or other obligation to, or otherwise violating any right of, any third party.
6. Attribution. Mana will make reasonable efforts, where feasible, to attribute you as the source for each Work in connection with any publication of such Work as Mana may determine in its discretion from time to time (“Attribution”).
7. Representations and Warranties. By providing any Work to Mana, you hereby represent and warrant that such Work:
(a) is your sole and original creation;
(b) is not libelous or otherwise defamatory;
(c) anddoes not, and use thereof as licensed hereunder will not, infringe or otherwise violate any right of any third party, including any copyright, trademark, patent, trade secret, or other intellectual property right, or any right of publicity or privacy.
8. Relationship of the Parties. These Terms will not be construed to create any association, partnership, joint venture, employee, or agency relationship between you and Mana for any purpose. You have no authority (and will not hold yourself out as having authority) to bind Mana and will not make any agreements or representations on Mana’s behalf without Mana’s prior written consent.
(a). These Terms are personal to you. You will not assign or otherwise transfer any of your rights, or delegate, subcontract, or otherwise transfer any of your obligations or performance, under these Terms. Any purported assignment, delegation, or transfer in violation of this Section 9(a) is void. Mana may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under these Terms. These Terms are binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
(b) These Terms and all matters arising out of or relating to them, including tort and statutory claims are governed by the laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of laws provisions thereof. Either party shall institute any legal suit, action, or proceeding arising out of or relating to these Terms in the federal or state courts in each case located in Boston, Massachusetts, and each party irrevocably submits to the exclusive jurisdiction of such courts in any legal suit, action, or proceeding.
(c) These Terms constitutes the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No amendment to these Terms is effective unless it is in writing and signed by an authorized representative of each party. If any provision of these Terms is deemed or held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms nor invalidate or render unenforceable such provision in any other jurisdiction.