English (US)

Terms of The Studio

THE CREATOR’S PROJECT:
THE STUDIO SUBMISSION AGREEMENT
IMPORTANT – READ CAREFULLY

THESE TERMS AND CONDITIONS ARE A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU, ON THE ONE HAND, AND VBS IPTV LLC ("VICE"), AND INTEL CORPORATION ("INTEL") ON THE OTHER HAND (VICE AND INTEL ARE COLLECTIVELY REFERRED TO IN THIS AGREEMENT AS THE "PARTIES").

BY MAKING YOUR SUBMISSION TO THE STUDIO, YOU AGREE TO THE TERMS OF THIS AGREEMENT AND THECREATORSPROJECT.COM TERMS OF USE AT http://thecreatorsproject.com. IF YOUR ARE SELECTED TO PARTICIPATE IN THE STUDIO AND HAVE A PROJECT COMMISSIONED BASED ON YOUR SUBMISSION, YOU WILL BE REQUIRED TO EXECUTE AN AGREEMENT FURTHER GOVERNING THE TERMS OF YOUR PARTICIPATION. THE PARTIES RESERVE THE RIGHT TO CANCEL OR MODIFY THE STUDIO OR SUBMISSION APPLICATION PROCESS IN THEIR SOLE DISCRETION.

  1. Who Can Apply? To apply to The Studio, you must be a legal resident of China, South Korea, Brazil, France, Germany, the United Kingdom, or any one (1) of the fifty (50) United States or the District of Columbia and at least the age of majority in your primary jurisdiction of residence on the day that you submit your application and not a member of a performers or entertainment union or guild such as SAG, AFTRA, AFofM, etc.
  2. Submission. In conjunction with your application to The Studio, you are submitting various materials, which may include, without limitation, ideas, concepts, designs, drawings, renderings, information, technologies, images, recordings, budgets, previous work examples, compositions, writings, methods, processes, formats, calculations, software, code, data, audiovisual materials of any nature, images, demos, music, recordings, lyrics, beats, compositions, masters, specifications and other materials, whether tangible or intangible, and in any stage of completion ("Submission").
  3. Selection. You acknowledge and agree that the Parties have the sole discretion to evaluate and select Submissions through any process they decide and that the Parties are not obligated in any way to use or exploit your Submission or to compensate you in any manner for your Submission or to select any Submission. You further acknowledge and agree that if the Parties select you, in their sole discretion, to participate in The Studio and commission a work based on your Submission ("Project"), you will be required to enter into and sign an agreement setting forth the terms surrounding the creation of the Project, which will require you, among other things, to fill out certain tax documentation associated with the commission and grant the Parties and their licensees and assigns an exclusive, worldwide license to chronicle the development of the Project and to display, exhibit, transmit, publish, promote and otherwise use the Project in connection with The Studio and the Creators Project. If selected, you understand and agree that you may be required to travel in connection with the installation, exhibition and promotion of the Project, The Studio and the Creators Project.
  4. Submission Requirements. You agree that your Submission meets (and that your Project will meet) the following requirements:
    • The Submission and Project is originally created by and solely owned by you or in the public domain.
    • No consent, permission or license is required from any third party for you to submit your Submission, create the Project (if selected) or grant the rights granted by you in this Agreement.
    • Your Submission and Project do not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, trademark, patent, trade secret, or right of privacy or publicity.
    • With the exception of examples of your work included in your application to the Studio, your Submission and Project must not have been previously displayed and have not been submitted in any other art competition.
    • Your Submission and Project must not contain any use of a third party’s name, photograph, image, likeness, persona or any other information identifiable to a third party unless you have prior written authorization from the third party and can provide that to the Parties upon request.
    • Your Submission and Project must not include information or content that is illegal.
    • Your Submission and Project must not contain any harmful or illegal activity or in any way violate any federal, state, or local laws or regulations.
    • Your Submission and Project must be suitable for presentation in a public forum, in the sole determination of the Parties.
    • Your Submission and Project is not subject to any liens, claims or encumbrances which will or might adversely affect the Parties’ rights under this Agreement, and you are aware of no circumstances or facts which will or might give rise to such liens, claims or encumbrances.
    • The display and use of your Submission and Project will not violate any agreement to which you are a signatory or party.
    • You agree to indemnify the Released Parties (defined in Section 6 below) against any and all claims from any third party for any use or reuse by the Parties or their agents of your Submission or Project.
  5. No Confidential Relationship: You are responsible for retaining a copy of your Submission materials and agree that the parties will not be responsible for the return or preservation of the Submission materials you submit. You agree that your Submission is not being submitted in confidence or in trust and that no confidential or fiduciary relationship is intended or created. You further agree that your decision to submit your Submission does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Submission, other than as set forth in this Agreement.  Further, you understand and acknowledge that the Parties have wide access to ideas, stories, designs, music, images, drawings, and other artistic expressions. You also acknowledge that many ideas may be competitive with, similar to, or identical to your Submission and/or each other in theme, idea, format, or other respects.  You acknowledge and agree that you will not be entitled to any compensation as a result of the Parties selection or use any such similar or identical material that has or may come to the Parties from other sources.  You acknowledge and agree that the 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 any copyright applicant may claim to have in the Submission. You acknowledge that, with respect to any claim by you relating to or arising out of the Parties’ actual or alleged exploitation or use of any Submission, the damage, if any, thereby caused to you will not be irreparable or otherwise sufficient to entitle the applicant to seek or obtain injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any creative work 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. Without limiting any other provision in these Agreement each applicant understands, agrees and grants permission for any Submissions submitted or provided to the Parties to be posted and published online and offline, including, without limitation, on the Creators Project web site and social media outlets.
  6. LIMITATION OF LIABILITY: BY SUBMITTING YOUR SUBMISSION, YOU AGREE TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE PARTIES and their respective officers, directors, MEMBERS, MANAGERS, employees, representatives and agenTs (collectively "RELEASED PARTIES") from any and all liability, loss or damage arising from or in connection with YOUR PARTICIPATION IN THE APPLICATION PROCESS, THE STUDIO, YOUR SUBMISSION OR THE RELEASED PARTY’S USE OF YOUR SUBMISSION.

BY PARTICIPATING IN THE STUDIO (INCLUDING THE APPLICATION PROCESS), YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE YOUR PARTICIPATION, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU IF YOU ARE A LEGAL RESIDENT OF SUCH A JURISDICTION.

  1. Miscellaneous: Nothing in this Agreement is intended to waive any claim that you cannot unilaterally waive under applicable law. The Parties’ decisions will be final in all matters, including interpretation of this Agreement and the selection of the Submissions.  As a condition of making a Submission, you agree to be bound by this Agreement and the decisions of the Parties.  Failure to comply with this Agreement may result in disqualification from Submission review process.  If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The Parties’ failure to enforce any provision in this Agreement will not constitute a waiver of that or any other provision. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
  2. Resolution of Disputes; Governing Law.  This Agreement will be governed by the laws of the State of Delaware applicable to agreements executed and to be fully performed therein (without regard to the conflict of laws provisions thereof).  You agree that jurisdiction over and venue in any legal proceeding, directly or indirectly arising out of or relating to any dispute or any other claim relating to this Agreement, must be brought in the courts located in the State of Delaware and you hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Delaware. In the event of a dispute between this Agreement and thecreatorsproject.com Terms of Use, this Agreement will control.