• Submit a Design, Song, Poem, Written Work, Photo, Video, Presentation or Other Artist Work

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  • ARTISTIC WORKS AND SERVICE CONTRIBUTIONS ASSIGNMENT, RELEASE, CONSENT AND AGREEMENT

    I voluntarily submit to Take Back The Night Foundation, including Take Back The Night, TBTN, its affiliated organizations, and their respective successors, assigns, licensees, sublicensees, agents, representatives, contractors, partners, and persons or entities acting with their authorization (collectively, the “ORGANIZATION”), the works, materials, content, and/or service-related materials identified in, uploaded through, delivered with, or otherwise submitted in connection with this form (collectively, the “CONTRIBUTIONS”).

    CONTRIBUTIONS include, without limitation, photographs, photographs depicting me or others, videos, video recordings, audio recordings, interviews, podcasts, images, graphics, written works, stories, testimonials, articles, artwork, illustrations, designs, presentations, webinars, speeches, training materials, PowerPoint or other presentation slides, educational materials, social media content, and any other materials that I create, provide, upload, deliver, or submit to ORGANIZATION.

    For purposes of this Agreement, each file, document, recording, image, work, or other item submitted through or identified in connection with this form, including its filename, title, upload record, description, or other identifying information maintained by ORGANIZATION, is specifically incorporated into and covered by this Agreement.

    1. ASSIGNMENT OF COPYRIGHT AND OTHER RIGHTS

    To the fullest extent permitted by law, I hereby irrevocably assign, transfer, convey, and donate to ORGANIZATION all right, title, and interest that I presently own or control in and to the CONTRIBUTIONS, including all copyrights and copyright interests and all rights to reproduce, copy, publish, republish, distribute, transmit, publicly display, publicly perform, broadcast, communicate, adapt, translate, modify, alter, edit, revise, arrange, digitize, synchronize, combine, excerpt, abridge, expand, and prepare derivative works from the CONTRIBUTIONS and to authorize others to do the same.

    This assignment applies throughout the world for the entire period during which such rights exist, including any renewals, extensions, restorations, or successor rights, to the fullest extent permitted by applicable law.

    To the extent that any right or interest cannot validly be assigned or transferred, I hereby grant ORGANIZATION an exclusive, irrevocable, perpetual, worldwide, royalty-free, fully paid-up, transferable, assignable, and sublicensable license, through multiple levels of sublicensees, to exercise that right or interest to the fullest extent permitted by law.

    To the extent any applicable law prevents a right from being assigned or exclusively licensed, I grant ORGANIZATION the broadest irrevocable authorization, consent, license, waiver, and covenant not to sue permitted by applicable law.

    2. UNRESTRICTED RIGHT TO USE AND MODIFY CONTRIBUTIONS

    ORGANIZATION may use, reproduce, copy, publish, republish, distribute, sell, license, sublicense, display, perform, broadcast, stream, transmit, advertise, promote, publicize, archive, store, digitize, translate, adapt, edit, revise, crop, excerpt, shorten, expand, caption, annotate, reformat, anonymize, combine, alter, enhance, modify, rearrange, incorporate into other works, and create derivative works from the CONTRIBUTIONS, in whole or in part.

    ORGANIZATION may use the CONTRIBUTIONS alone or together with other words, photographs, recordings, artwork, graphics, music, video, educational materials, advertising, branding, or other content.

    ORGANIZATION may exercise these rights for any lawful purpose whatsoever, including, without limitation: charitable purposes; educational purposes; advocacy and awareness; fundraising and donor communications; advertising and promotion; publicity and public relations; social media; editorial purposes; media relations; training and professional development; research; publications; programming; events; presentations; campaigns; merchandise and promotional materials; licensing and sublicensing; sponsorship activities; commercial uses; revenue-generating activities; archival and historical purposes; and any other lawful organizational purpose.

    ORGANIZATION may use the CONTRIBUTIONS in any medium, format, technology, platform, product, service, publication, program, or distribution method now known or later developed, including print, television, radio, film, websites, applications, email, social media, streaming services, podcasts, video and audio platforms, electronic publications, digital media, presentations, training programs, educational materials, advertisements, promotional materials, databases, archives, mobile applications, and future technologies.

    3. THIRD-PARTY USE, ASSIGNMENT, AND SUBLICENSING

    ORGANIZATION may assign, transfer, authorize, license, sublicense, provide, distribute, or otherwise make the CONTRIBUTIONS available to other persons or entities without obtaining any additional permission from me.

    Such persons or entities may include, without limitation: schools and universities; nonprofit organizations; partner organizations; sponsors; donors; media organizations; publishers; broadcasters; websites and digital platforms; event organizers; vendors; consultants; contractors; advertising or marketing companies; professional associations; governmental entities; licensees; sublicensees; and other third parties authorized by ORGANIZATION.

    Such third parties may exercise the rights authorized by ORGANIZATION consistent with the rights granted under this Agreement.

    I understand and agree that ORGANIZATION is not required to notify me regarding any such assignment, license, sublicense, distribution, or use.

    4. EDITING AND DERIVATIVE WORKS

    I expressly authorize ORGANIZATION and its authorized third parties to edit or modify the CONTRIBUTIONS.

    Such editing or modification may include, without limitation, cropping, retouching, rearranging, shortening, excerpting, combining, translating, adapting, reformatting, captioning, adding text or graphics, removing portions, changing sequencing, adding narration, incorporating portions into new works, anonymizing information, or otherwise modifying the CONTRIBUTIONS.

    I understand that a CONTRIBUTION may therefore appear differently from the version originally submitted by me.

    I authorize ORGANIZATION to create and own, to the extent permitted by law, compilations, adaptations, derivative works, new works, and other materials incorporating some or all of my CONTRIBUTIONS.

    5. NAME, IMAGE, LIKENESS, VOICE, BIOGRAPHICAL INFORMATION, AND PUBLICITY RIGHTS

    I irrevocably grant ORGANIZATION the worldwide right and permission, to the fullest extent permitted by law, to use my: name; professional name; pseudonym; photograph; image; likeness; appearance; voice; recorded statements; quotations; biographical information; professional affiliation; and other identifying information voluntarily supplied by me, in connection with the CONTRIBUTIONS or any use authorized under this Agreement.

    These rights include use for advertising, publicity, promotional, fundraising, educational, charitable, commercial, and other lawful purposes.

    ORGANIZATION may identify me as an author, artist, photographer, creator, contributor, participant, presenter, speaker, interviewee, volunteer, or other appropriate designation.

    ORGANIZATION is not required to provide attribution or credit.

    ORGANIZATION may use the CONTRIBUTIONS with my full name, first name, pseudonym, other identification, or without identifying me at all, in ORGANIZATION'S discretion, subject to applicable law and any separate written confidentiality agreement expressly accepted by ORGANIZATION.

    6. NO RIGHT OF INSPECTION OR APPROVAL

    I waive any right to: inspect; review; approve; disapprove; edit; restrict; control; or receive advance notice of any use, publication, editing, modification, presentation, distribution, advertisement, derivative work, caption, accompanying text, context, layout, format, or other treatment of my CONTRIBUTIONS or my name, image, likeness, voice, or biographical information.

    ORGANIZATION is not required to obtain any further approval or consent from me before exercising the rights granted under this Agreement.

    7. NO COMPENSATION, ROYALTIES, OR OTHER FINANCIAL RIGHTS

    I understand and agree that I shall not now or in the future be entitled to wages, fees, royalties, residuals, honoraria, licensing payments, proceeds, revenue shares, profits, ownership interests, or compensation of any kind resulting from the submission or use of the CONTRIBUTIONS.

    This applies even if ORGANIZATION or an authorized third party receives donations, sponsorship revenue, advertising revenue, licensing revenue, sales revenue, or other financial benefit associated directly or indirectly with the CONTRIBUTIONS.

    Except for rights that cannot legally be waived, transferred, or released, I will not assert any copyright, ownership, financial, approval, attribution, publicity, or other claim that would prevent or restrict ORGANIZATION or its authorized parties from exercising the rights granted under this Agreement.

    8. MORAL RIGHTS AND RIGHTS OF ATTRIBUTION OR INTEGRITY

    To the fullest extent permitted by applicable law, I expressly waive and agree not to assert any right of attribution, integrity, disclosure, withdrawal, modification, approval, or other so-called “moral right” or similar right that I may possess in connection with the CONTRIBUTIONS.

    For any CONTRIBUTION constituting a “work of visual art” or otherwise subject to rights that require a specific written waiver, I expressly agree that: each CONTRIBUTION identified by the filename, title, upload record, description, or other identifying information associated with my submission is specifically identified for purposes of this waiver; and this waiver applies to all uses, modifications, adaptations, reproductions, displays, publications, distributions, derivative works, and other uses of that CONTRIBUTION expressly authorized by this Agreement.

    To the extent any such right cannot legally be waived, I agree not to assert or enforce the right against ORGANIZATION or any person or entity acting pursuant to rights authorized by ORGANIZATION, to the fullest extent permitted by law.

    9. REPRESENTATIONS AND WARRANTIES

    I represent and warrant that: I am the creator, owner, copyright holder, authorized rights holder, or authorized representative of the CONTRIBUTIONS, or otherwise possess sufficient authority to enter into this Agreement and grant the rights provided herein; I have the legal capacity and authority to enter into this Agreement; the CONTRIBUTIONS are not subject to any conflicting assignment, license, restriction, or agreement that would prevent or restrict the rights granted to ORGANIZATION; to the best of my knowledge, the CONTRIBUTIONS and ORGANIZATION'S authorized use of them will not violate or infringe any copyright, trademark, right of privacy, right of publicity, contractual right, confidentiality obligation, proprietary right, or other right of another person or entity; I have obtained all permissions, licenses, releases, or authorizations reasonably necessary for third-party materials included in the CONTRIBUTIONS or have clearly disclosed to ORGANIZATION in writing any material for which I do not possess the necessary rights; I have obtained all permissions or releases reasonably necessary from identifiable individuals whose image, likeness, voice, performance, artwork, writing, or other protected material is contained in the CONTRIBUTIONS, unless I have expressly disclosed otherwise to ORGANIZATION in writing; and the information I provide regarding my authority and ownership of the CONTRIBUTIONS is accurate.

    10. THIRD-PARTY MATERIALS

    I understand that submitting a work containing photographs, video, music, artwork, writing, graphics, recordings, trademarks, or other materials created or owned by someone else does not necessarily give ORGANIZATION the right to use those materials.

    I therefore agree not to knowingly submit third-party material as though I own it.

    If a CONTRIBUTION contains third-party material for which I do not possess sufficient rights, I will clearly identify that material to ORGANIZATION at the time of submission.

    ORGANIZATION may remove, replace, alter, obscure, or decline to use such material in its sole discretion.

    11. RELEASE OF CLAIMS

    To the fullest extent permitted by applicable law, I release and discharge ORGANIZATION and its past, present, and future officers, directors, employees, volunteers, representatives, agents, affiliates, successors, assigns, licensees, sublicensees, contractors, partners, and other authorized parties from claims, demands, damages, liabilities, actions, and causes of action arising from or relating to any use authorized under this Agreement.

    This release includes, to the fullest extent legally permissible, claims relating to: copyright; attribution; modification or editing; derivative works; moral rights; invasion of privacy; right of publicity; use of name or likeness; use of voice; defamation arising solely from authorized editing or presentation that does not constitute unlawful misconduct; compensation; royalties; inspection; approval; and publication or distribution.

    Nothing in this Agreement releases claims that applicable law does not permit a person to waive or release.

    12. UNAUTHORIZED THIRD-PARTY USE

    I understand that once a CONTRIBUTION is publicly published, displayed, transmitted, distributed, posted online, provided to another organization, or otherwise disseminated, persons outside ORGANIZATION'S control may copy, download, share, repost, alter, or otherwise use it without authorization.

    I understand that ORGANIZATION may not be able to track or prevent such unauthorized activity.

    To the fullest extent permitted by law, ORGANIZATION shall not be responsible or liable for unauthorized use, copying, modification, distribution, or other misuse of the CONTRIBUTIONS by unrelated third parties acting outside the authority or control of ORGANIZATION.

    13. INDEMNIFICATION

    To the fullest extent permitted by applicable law, I agree to defend, indemnify, and hold harmless ORGANIZATION and its officers, directors, employees, volunteers, agents, affiliates, successors, assigns, licensees, and sublicensees from third-party claims, liabilities, judgments, losses, damages, costs, and reasonable attorneys' fees arising from a material breach of my representations, warranties, or obligations under this Agreement.

    This includes claims arising from allegations that I did not own or possess sufficient authority to provide rights in material I submitted.

    14. NO OBLIGATION TO USE

    ORGANIZATION is under no obligation to publish, retain, reproduce, distribute, display, promote, license, or otherwise use any CONTRIBUTION.

    ORGANIZATION may determine, in its sole discretion, whether, when, where, how, and for how long a CONTRIBUTION will be used.

    ORGANIZATION may also discontinue use of a CONTRIBUTION at any time without notice.

    15. IRREVOCABILITY AND NO WITHDRAWAL

    Except to the extent otherwise required by applicable law, the assignments, permissions, licenses, consents, releases, and waivers contained in this Agreement are irrevocable.

    I understand that I generally may not later withdraw my permission, revoke this Agreement, demand removal of the CONTRIBUTIONS, or require ORGANIZATION or its authorized licensees or sublicensees to discontinue a use that is authorized by this Agreement.

    Nothing in this provision limits any right that applicable law makes non-waivable.

    16. SUCCESSORS AND ASSIGNS

    All rights, assignments, licenses, releases, consents, and waivers granted under this Agreement shall inure to the benefit of and may be exercised by ORGANIZATION and its successors, assigns, licensees, and sublicensees.

    17. ENTIRE AGREEMENT

    This Agreement constitutes the entire agreement concerning the rights granted with respect to the CONTRIBUTIONS and supersedes prior or contemporaneous oral or written statements, promises, understandings, or representations concerning those rights, unless another written agreement is expressly incorporated into this Agreement.

    No oral statement or promise shall modify this Agreement.

    Any amendment must be in writing and agreed to by ORGANIZATION and the person whose rights are affected by the amendment.

    18. SEVERABILITY

    If any provision of this Agreement is determined to be unlawful, invalid, or unenforceable, that provision shall be interpreted or limited to the maximum extent permitted by law.

    The invalidity or unenforceability of one provision shall not affect the validity or enforceability of the remaining provisions.

    19. AGE AND AUTHORITY

    I represent that I am at least eighteen (18) years old and legally competent to enter into this Agreement.

    If I am under eighteen (18), my parent or legal guardian must also provide the separate consent and electronic signature required by ORGANIZATION. The parent or legal guardian represents that they are authorized to provide such consent and grant such permissions on behalf of the minor to the extent permitted by applicable law.

    ORGANIZATION may require additional documentation, consent, or authorization for submissions involving minors.

    20. ELECTRONIC AGREEMENT AND SIGNATURE

    By checking the applicable consent box, typing my name, electronically signing, clicking a button indicating my agreement, and/or submitting this form after being presented with this Agreement, I affirmatively acknowledge that: I have had an opportunity to read this Agreement; I understand the rights I am granting; I voluntarily agree to its terms; I intend my electronic action to constitute my signature; and I intend to be legally bound by this Agreement.

    ORGANIZATION may maintain the electronic submission record, including the applicable version of this Agreement, contributor information, date and time of acceptance, electronic signature information, filenames or descriptions of the CONTRIBUTIONS submitted, and other reasonably appropriate records documenting my acceptance.

    CONTRIBUTIONS COVERED BY THIS AGREEMENT

    All files, works, recordings, materials, and other CONTRIBUTIONS uploaded, attached, identified, or submitted through this form are incorporated into this Agreement.

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