BY SUBMITTING ANY MATERIAL TO THIS WEBSITE, YOU ARE ENTERING INTO A CONTRACT WITH ARCHEWELL AND AGREE TO BE LEGALLY BOUND TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE CONDITIONS DO NOT SUBMIT ANY MATERIALS.
1. REQUIREMENTS FOR ALL SUBMISSIONS:
A. Submissions must be the Entrant’s original work (modification or revision of another’s work is not considered original). Submissions MUST NOT copy or otherwise plagiarize from any source.
B. Submissions must not contain material which is (or promote activities which are) in Archewell’s sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the Entry is created in their application.
C. Submissions must not contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, entry submissions must not include third-party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures.,
D. Submissions must not include mention or performance of any copyrighted media production including but not limited to books, articles, photographs, artwork, music, etc., or identifying descriptions of any media property. Entry submissions must not include commercial music.
E. Submissions must not include third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized entrant to display their image or likeness in any submission or otherwise use such images or likenesses in accordance with these Rules. Entrant must be prepared to provide signed third-party authorizations upon request.
2. REPRESENTATIONS AND WARRANTIES:
By submitting material of any kind (Submissions) you represent and warrant that they are original to you, have never been published (online or in hard copy), do not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including copyrights, trademarks or rights of privacy or publicity, and will not violate any governmental, federal, state or local laws or ordinances. Entrants further warrant and represent that they have secured the requisite consent from any third party referenced or portrayed in their entries and will upon request provide written proof of same third-party agreement to the usage. No third-party consents or permission need to be obtained by Archewell or the Archewell Parties for their exercising of the rights granted in this license.
a. By submitting material, you are granting Archewell (Archewell, LLC, Archewell Foundation, Archewell Productions & Archewell Audio, collectively Archewell), its principals, related entities, successors and assigns (Archewell Parties), an irrevocable, royalty free, fully paid up, in perpetuity, worldwide, assignable license to publish, broadcast, and use, in any media now known or hereafter developed, the Submission in whole or in part for all purposes it deems, in its sole discretion, appropriate. For purposes of illustration but not limitation it may post the Submission on this or any other affiliated or non-affiliated websites, include in online uses, film, video, games, publications, educational materials, seminars, forums, promotional materials, etc.
b. By submitting material which contains your or any person’s name, biographical material, photograph or likeness you are granting Archewell and the Archewell Parties an irrevocable, royalty free, fully paid up, in perpetuity, worldwide, assignable license, in any media now known or hereafter developed, the right to use the names, likenesses and biographical materials included in the Submission in whole or in part for all purpose it deems, in its sole discretion, appropriate. For purposes of illustration but not limitation it may post the name, likenesses and biographical material on this or any other affiliated or non-affiliated websites, include in online uses, film, video, games, publications, educational materials, seminars, forums, promotional materials, etc.
c. Archewell has the right to edit, revise, abridge, crop, combine, condense, quote selected portion of the Submission as it deems appropriate or necessary. Archewell is under no obligation to use the Submission in any matter or at all, its use is in the sole discretion of Archewell.
d. You shall not be entitled to any credit, consideration, notice or payments of any kind. You waive any Moral Rights you may have to the Submissions, and agrees that if Archewell or any Archewell Party elects to use the Submissions for any purpose, all rights under copyright or other intellectual property rights which may result from Archewell or Archewell Parties’ use relating to your Submissions shall be the sole property of Archewell. You further agree that if Archewell or the Archewell Parties elect to use your Submissions, you will execute any documents requested regarding the usage. If you violate any of the representations or warranties you have made and as a result a use by Archewell and/or the Archewell Parties of the Submissions causes them to be liable to any third-party, You agree to indemnify Archewell and/or the Archewell Parties and their agents, employees, affiliates, subsidiaries, representative and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorney fees) which it incurs as a result of its use of the Submissions.
e. Archewell reserves the right in its sole and unfettered discretion to refuse to accept or use any Submission for any reason including but not limited to, that it believes contains obscene, offensive or inappropriate content, that does not comply with these Submission Rules or that is not consistent with the goal and objectives of Archewell.
f. No additional compensation of or kind is due you, nor any further consents are required form you, nor are you entitled to any further notice or credits regarding the use of the Submission.
g. You acknowledge and agree that the Archewell and the Archewell Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
h. You acknowledge that, with respect to any claim by you relating to or arising out of Archewell and the Archewell Parties actual or alleged exploitation or use of the Submission the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. You agree that any dispute between yourself (and any third party whose material, name or likeness are found in your Submission) shall be resolved by binding and confidential arbitration in Los Angeles, California either before an AAA or JAMS arbiter.