Additional Audition Terms

PLEASE READ THESE ADDITIONAL AUDITION TERMS AND THE RELATED TERMS OF SERVICE AND PRIVACY POLICY CAREFULLY BEFORE USING STORYBOTS AUDITION. BY USING STORYBOTS AUDITION, YOU UNCONDITIONALLY AGREE TO THESE ADDITIONAL AUDITION TERMS.

 

The following Additional Audition Terms apply to your use of StoryBots Audition and all related applications, services, tools, software, and functionalities (collectively referred to herein as “StoryBots Audition”).

 

Last Updated: April 22, 2019

 

Welcome to StoryBots Audition!

 

StoryBots Audition is a platform offered by StoryBots, Inc. (“StoryBots”, “we” or “us”) that allows Parents to submit or record Auditions of their minor children to be considered for possible incorporation into one or more of StoryBots’ productions. These Audition Terms set forth the additional terms and conditions of the legal contract between you and StoryBots with respect to your use of StoryBots Audition and your Auditions. By submitting or recording Auditions through StoryBots Audition, you agree to be bound by these Additional Audition Terms, as well as our Terms of Service (click here), Privacy Policy (click here), and Legal Notices (click here), each of which is incorporated herein by this reference. In the event of any conflict or inconsistency between these Additional Audition Terms and any of the foregoing, these Additional Audition Terms shall govern and control with respect to the Auditions (as defined herein). All capitalized terms used herein that are not otherwise defined in these Additional Audition Terms shall be as defined in our Terms of Service (click here). If you do not unconditionally agree to these Additional Audition Terms, please do not submit or record any Auditions through StoryBots Audition.

 

1. ADDITIONAL REPRESENTATIONS AND WARRANTIES:

 

By using StoryBots Audition, you also represent and warrant that:

  1. You have the full right and power to enter into and perform these Audition Terms and to grant StoryBots and Licensors/Suppliers all rights to use the audio visual materials, artwork and other Content and intellectual property you submit, record, stream, distribute or otherwise make available to or through StoryBots Audition (the “Auditions”) (including individuals’ names, likenesses, voices, appearances, actions, conversations and other characteristics, mannerisms and elements of identity embodied therein (collectively, an individual’s “Likeness”)) as contemplated in these Additional Audition Terms, including, without limitation, the grant of rights in Section 2 of these Additional Audition Terms, and that no one else’s permission is required with respect to the rights granted herein;
  2. You exclusively own and/or control all right, title, and interest (including, without limitation, copyright) in and to your Auditions, and have secured all necessary third-party consents, rights, licenses, and permissions, if any, required in order for you to enter into and perform these Additional Audition Terms and to grant StoryBots and Licensors/Suppliers all rights to use your Auditions (including the individuals’ Likenesses embodied therein) as contemplated in these Additional Audition Terms (including, without limitation, consents, and permissions from owners of any elements that are used or otherwise incorporated into your Auditions);
  3. Your Auditions (and StoryBots’ use thereof as contemplated under these Additional Audition Terms) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity, or moral rights of any third party;
  4. You are the parent or legal guardian of any minor child that appears in your Auditions and acknowledge and agree that you have read the Additional Audition Terms (including, without limitation, the release in Section 3 of these Additional Audition Terms), you are satisfied that the release herein is fair and equitable, and both your minor child and you shall be legally bound by these Additional Audition Terms and our Terms of Service;
  5. You hereby give your express consent to these Additional Audition Terms by your child/ward and will not revoke your consent at any time and hereby fully and unconditionally guarantee the performance of your child/ward’s obligations and the grant or rights in and to the results and proceeds of your child/ward’s activities as set forth herein;
  6. You are a resident of the United States;
  7. all information that you have provided or will provide to StoryBots is true and complete;
  8. Your Auditions do not and will not violate any law, statute, ordinance, or regulation;
  9. Your Auditions do not and will not: (i) be defamatory, libelous, slanderous, or threatening; (ii) contain sexually explicit content that is pornographic, obscene, harmful to minors or constitute violations of child pornography or child sexual exploitation laws; (iii) denigrate any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise; (iv) exploit images or the likeness of any individual other than yourself (except where you have obtained express permission from such other individual(s) for such exploitation); (v) encourage or otherwise depict glamorized drug use; (vi) make use of offensive language or images; (vii) promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous, or desirable; (viii) contain your or any other individual’s personal contact information; (ix) promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (x) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (xi) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and/or (xii) engage in any commercial activities whatsoever and/or sales without our prior written consent; and
  10. Your Auditions do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of StoryBots or any third party.

2. GRANT OF RIGHTS

 

For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged:

  1. You hereby irrevocably and unconditionally grant to StoryBots and its successors, assigns and licensees the perpetual, sublicensable, transferable, assignable, fully paid-up, royalty-free, worldwide right to: (a) use, edit, reproduce, publicly display, publicly perform, exhibit, broadcast, transmit, publish and distribute any and all of your submitted or recorded Auditions, including the right to use the Likeness and other personally identifiable elements of any of your minor child/children featured in such Auditions, as contained, mentioned, depicted or otherwise represented in your Auditions; (b) edit your Auditions, in whole or in part, at StoryBots’ sole discretion and to include your Auditions with those of others and with sound effects, special effects, music and/or other content; (c) incorporate, at StoryBots’ sole discretion, your Auditions, in whole or in part, edited or unedited, into one or more of StoryBots’ productions; and (d) use and exploit, and authorize others to use and exploit, your Auditions in any manner, media, processes and/or technology whatsoever (whether now known or hereafter devised), including, without limitation, unrestricted use for publicity, advertising, sales promotion, commercial tie-ins, and merchandising;
  2. You hereby irrevocably and unconditionally grant to StoryBots and its successors, assigns and licensees the exclusive rights, throughout the universe and in perpetuity, to use, copy, reproduce, publish, distribute (by sale, rental, lease, or otherwise), broadcast, exhibit, stream, transmit, communicate to the public, make available to the public, publicly perform, publicly display, edit, modify, adapt, prepare and distribute derivative works based upon (including, without limitation, translations, highlights and excerpts thereof), market, advertise, promote, publicize, merchandise, and otherwise exploit (either directly or through others) your Auditions, in whole or in part, in any and all languages, and via any and all media now known or hereafter devised (including, without limitation, the Internet, mobile, wireless, television, radio, theatrical, home video, pre-recorded optical and other storage media, electronic and digital downloads, and print media), as StoryBots may determine in its sole discretion and with no further obligation to your minor child or you;
  3. You hereby irrevocably and unconditionally grant to StoryBots the right (but not the obligation) to utilize (or allow others to utilize) your and your minor children’s Likenesses and any and all information supplied by or about you or your minor children, including biographical information and/or other materials you may provide, as well as other information StoryBots may have received from other sources in whole or in part, in any and all languages, and via any and all media now known or hereafter devised (including, without limitation, the Internet, mobile, wireless, television, radio, theatrical, home video, pre-recorded optical and other storage media, electronic and digital downloads, and print media), as StoryBots may determine in its sole discretion and with no further obligation to your minor child or you. Without limiting the generality of the foregoing, StoryBots shall have the right to add to, subtract from, create derivative works based on, change, revise, rearrange or otherwise edit you and your minor children’s Likenesses. The Additional Audition Terms are non-union, and you acknowledge and agree that the production of the Auditions hereunder shall not be subject to the terms of any collective bargaining agreement;
  4. You hereby irrevocably and unconditionally acknowledge and agree that neither any of your minor children nor you shall be entitled to any notice or compensation, or any right of credit, approval, consent, inspection or audit, with respect to any use or exploitation of your Auditions or any recordings thereof by StoryBots, its licensees, successors and assigns, and to the maximum extent possible, you hereby expressly waive in perpetuity any and all rights you or any of your minor children may have or claim to have under any law relating to “moral rights of authors” or any similar law that your minor child may have with respect to your Auditions throughout the universe, or as a result of any alleged violation of such rights. You and your minor children agree not to institute any action on the ground that any changes, deletions, additions, or other use of the Auditions violate such rights.

3. RELEASE OF CLAIMS

 

You and your minor children hereby forever release and discharge (to the fullest extent permitted by applicable laws) StoryBots, its parents, subsidiaries, affiliates, licensees, successors and assigns, and their respective officers, directors, employees, agents and representatives (the “Released Parties”) from any and all claims, demands, causes of action, liabilities and damages of any kind or nature arising from, based upon or related to any use or exploitation of your Auditions or any recordings thereof, including, without limitation, those for libel, defamation, invasion of privacy, false light, violation of right of publicity, infringement of copyright, or violation of any other personal or property right (collectively, “Claims”) and agree that you will not now or in the future assert of maintain any Claims against the Released Parties. In no event may you terminate the rights granted hereunder, or seek or obtain injunctive relief or other equitable relief with respect to the rights granted hereunder or the Auditions, or the advertising, marketing or promotion of the Auditions.

 

4. ENTIRE AGREEMENT

 

These Additional Audition Terms, together with our Terms of Service, Privacy Policy, and Legal Notices, set forth the entire understanding and agreement of you and StoryBots as to your use of StoryBots Audition and your Auditions and supersedes all prior proposals, discussions, or agreements (oral and written) with respect to such subject matter. If any provision of these Additional Audition Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Additional Audition Terms and shall not affect the validity and enforceability of any remaining provisions. StoryBots’ failure to act with respect to a breach by you or others does not waive StoryBots’ right to act with respect to antecedent, subsequent, or similar breaches.

 

5. OTHER TERMS

 

You acknowledge that StoryBots shall have the right but not the obligation to utilize your Auditions. You acknowledge that we are proceeding in reliance upon and induced by these Additional Audition Terms. You agree to cooperate fully with StoryBots in responding to and defending third party claims relating to the Auditions. All controversies or questions with respect to these Additional Audition Terms shall be determined in accordance with Delaware law without regard to conflict or choice of law principles, and in accordance with the Terms of Service.