'Dream Board' Disclaimer
Asia Society Dream Board Legal Disclaimer for Image or Video Submission
By submitting any image or video file to Asia Society or any of Asia Society's various marketing and social media channels you indicate your agreement to all of the following terms and conditions. As used in this Agreement, "we" means "Asia Society" and "you" means the individual or entity submitting Materials to Asia Society. Only those individuals or organizations who can lawfully enter into and form contracts under applicable law may engage in this activity. Minors are not permitted to participate.
Definitions. As used in this Agreement, (a) "Affiliates" means any entity with whom Asia Society has operating agreements including the Centers in its global network , (b) "Materials" means all content that you submit to Asia Society, including all photographs, illustrations, graphics and text, and (c) "Media" means any means of conveying information, whether now known or hereafter devised.
Ownership. You hereby certify that you own all rights in all Materials including anyimage or other files that you provide or email to any email address owned by Asia Society.
Indemnification. If any action is instituted by a third party against Asia Society based upon a claim that the Materials, as provided, infringes a copyright, registered patent or trademark, then you shall indemnify and hold Asia Society and its’ officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of, or in connection with a claim and will defend such action at your own expense on behalf of Asia Society and will pay all damages attributable to such claim which are finally awarded against you or paid in settlement of such claim.
Disclaimer of Liability. Asia Society accepts no liability whatsoever for any loss, expense, cost, or claim; or for any direct, indirect or consequential damages that may arise in connection with your submission to this website or your submission of Materials. Asia Society cannot guarantee that anyone who shares the Materials will comply with Asia Society's terms. Asia Society accepts no responsibility for ensuring such compliance, and accepts no liability for any failure to comply.
License Grant for Materials. You acknowledge and agree that Asia Society may use the Materials in internal and external marketing materials and on Asia Society's social media channels and partner media channels. You hereby grant to Asia Society and its Affiliates a worldwide, nonexclusive, royalty-free, perpetual right and license to (a) reproduce, distribute, transmit, publicly perform and publicly display the Materials, in whole or in part, in any manner and Media, (b) modify, adapt, translate and create derivative works from the Materials, in whole or in part, in any manner and Media, and (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee.
License for Name, Trademarks and Likenesses. You hereby grant to Asia Society, its Affiliates and sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Materials. You grant Asia Society, its Affiliates and sublicensees the right to use the name that you submit in connection with the Materials.
Communications. Asia Society and its Affiliates may communicate with you in connection with the Materials, electronically and in other Media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the web sites of Asia Society or its Affiliates or by any other means.
Applicable Law; Jurisdiction; Agent for Service. This Agreement and all documents executed pursuant to this Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of New York, United States of America, without reference to conflicts of law principles. Each party hereby irrevocably consents to the exclusive jurisdiction of the Courts of the State of New York located in New York County and of any federal courts located in such state and county in connection with any action or proceeding arising out of or relating to this Agreement. Each party also waives the right to a jury trial and personal service of any summons, complaint or other process in any such action or proceeding and agrees that service thereof may be made by certified or registered mail directed to him or it. In addition to any and all remedies available at law, each party shall also be entitled to equitable relief, including injunction and specific performance, in the event of any breach of this Agreement.
Changes to Agreement. We reserve the right to change any of the terms of this Agreement or any Specifications or Guidelines governing these activities at any time in our sole discretion.
Entire Agreement. This page contains the entire Agreement relating to your uploading of the Materials.
Questions or comments. If you have any questions or comments about this Agreement please contact firstname.lastname@example.org.
New York, NY 10021