KIX HD – “Kick Azz People”

Terms of Submission

The following terms shall constitute an entire agreement between Tiger Gate Entertainment Limited, its successors, affiliates, licensees and assigns (“TGE” or “we”) and you (“Submittor” or “you”) in relation to the grant of non-exclusive rights being provided by you in relation to the Content (as defined below), effective from the date (“Acceptance Date”) on which you submitted the Content and thereby accepted these terms.

  1. By uploading and/or submitting certain visual or audio-visual content (the “Content”) to this website at www.kix-tv.com/kickazz (the “Website”), you accept these terms and any applicable terms and conditions set forth in the Website (collectively, the “Terms”) and you acknowledge and agree that your submission constitutes your agreement and intent to be legally bound by the Terms and such Terms as amended by TGE from time to time.

  2. You are uploading and/or submitting the Content to TGE and by uploading and/or submitting the Content to TGE, you hereby irrevocably grant to TGE absolutely and with full title guarantee, all intellectual property rights and interest in and to the Content (including, without limitation, the title thereof, any people featured, performances, characters, names, trademarks, logos, animation, audio (including but not limited to music, sound recordings and sound effects) and any other rights or elements which make up, are depicted or appear in, or which are associated with the Content and the file(s) submitted to TGE (regardless of the format, including (but not limited to) submissions in URL formats). Such rights granted herein shall include the right to bring, make, oppose, defend, appeal proceedings, claims or actions and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership of any of the rights in and to the Content whether occurring before, on, or after the Acceptance Date. You hereby further irrevocably appoint TGE as your attorney-in-fact to take any such action as may from time to time be necessary to effect the rights granted to TGE herein, including without limitation copyright-related actions.

  3. You hereby confirm that from the Acceptance Date, TGE shall be entitled to exploit the Content (and authorise and grant other parties the right to exploit the Content), by any and all methods or means, whether now known or hereafter devised, in any way or manner and in any and all media throughout the world and in perpetuity, and for any purpose TGE in its sole discretion see fit, including (but not limited to) any form of commercial, advertising, promotion or marketing capacity. You furthermore grant to TGE (and/or any other third parties we authorise to use the Content) the rights to use, record, copy, edit, modify, reproduce, adapt, modify, summarize, copyright, photograph, film license, vend, rent, distribute, televise, publish, exhibit, disseminate, display, perform and otherwise exploit in any and all markets and media the Content in any manner. This grant of rights includes the permission to publicly issue details relating to the Content and/or any other information relating to you and/or the Content (including but not limited to your appearance, name, voice, photograph(s), likeness or other details about you), and is made without limitation upon time, circumstances, location, market, or medium of use, and includes without limitation uses of all or any part of the Content in all types of content, including but not limited to, the right to use all or any part of the Content in connection with any other program(s), format(s), production(s), commercials, commercial tie-ins, product endorsements and/or licensing of any kind, whether or not related to TGE. You further acknowledge and agree that, without providing any consideration or notice to you, the Content (in whole or in part) may be posted on TGE’s websites and any other social media (including but not limited to Facebook and Instagram), used in TGE’s programming of any channels/services, licensed to others, or used to publicize, advertise and promote any and all of TGE’s programs, products or services in any and all media, or used for any other purpose in TGE’s sole discretion and that, without providing any consideration or notice to you, TGE may license the Content (in whole or in part) and/or any rights granted hereunder (in whole or in part) to any third party in its sole discretion. You confirm that you have procured any and all such rights from any third parties in order for the foregoing to apply to any persons or subjects featured in the Content.

  4. You warrant and undertake to TGE that: (a) you are over 18 years old and have the full right to enter into this agreement and grant the rights (including, without limitation, any and all intellectual property rights) in and to the Content to TGE and all information provided by you to TGE is true, accurate and not misleading; (b) you have the sole, exclusive and unencumbered ownership of all rights of every kind and character (including, without limitation, any and all intellectual property rights) throughout the universe in and to the Content; (c) you have obtained all required clearances and paid all monies necessary in order for us to be able to exercise the rights granted by you herein and you confirm and warrant that TGE will not be required to obtain any other or separate rights, clearances or license, nor shall TGE be required to make any additional payments to any parties in order to exercise the rights granted by you herein; (d) all individuals featured in the Content have provided full consent to their inclusion in the Content and you have obtained all required consents, permissions and image/appearance releases from any individuals, groups, parties or locations, so that you are able to grant the rights granted herein, including (but not limited to) our right to use, exhibit, distribute, exploit, sub-license, reproduce and/or edit (without limitation or restriction) such persons’ names, voices, likenesses, appearance and performances contained in the Content. You agree that you shall procure that any necessary third party shall execute, deliver and provide any such additional documents (required by TGE, in its sole discretion) and perform such acts as may reasonably be required for the purpose of giving full effect to this agreement in a timely manner; (e) nothing in the Content, nor its use or exploitation by TGE, its permitted licensees and/or any other third parties’ use of the Content as authorised by TGE, will infringe or violate the rights or interests of any party (including but not limited to, copyright, trademarks, patent rights, rights of privacy, image rights, moral rights, other statutory, common law or contractual rights of any individual person or entity or any other right of any third party), give rise to a claim of slander or libel, breach any contract or duty of confidence, constitute a contempt of court, be defamatory, obscene or unlawful, or bring TGE or any third party into disrepute; (f) all facts expressed by you in the Content are true and insofar as the Content contains any opinions, these opinions are your own and are genuinely and truly held by you; (g) there has been no infringement or likely infringement of any of the Content; (h) you have not entered into, and will not enter into, any other agreement which would prevent or impair in any way your right to grant the rights (including, without limitation, any and all intellectual property rights) to us or which conflict with the rights being granted by you to us. It is expressly understood that TGE has not assumed any obligations under any agreement that you have entered into; and (i) you have used your reasonable endeavours to ensure that the Content does not contain any viruses or malware.

  5. You shall fully indemnify, defend and hold harmless TGE (and any third parties authorised by TGE using or exploiting the Content), their respective officers, employees, successors, licensees and permitted assigns from and against: (a) any costs, claim, demand, action, damages, loss and/or expense arising from actions brought by any third parties arising from any breach of any of the representations, warranties or agreements made by you; (b) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights or any law or regulation arising out of or relating to any use of the Content as authorised herein. You agree and understand that TGE is relying on the representations made by you and any breach of the terms and/or warranties set out herein would cause TGE injury and damage that cannot be adequately compensated by damages in an action at law and you expressly agree that, without limiting our remedies, TGE shall be entitled to injunctive and other equitable relief. You irrevocably release TGE, its subsidiaries, affiliates, successors, licensees and assigns from any claim of any nature in connection with their use of the Content. You shall further fully indemnify and keep TGE fully indemnified against any costs, claim, demand, action, damages, loss and/or expense (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties, legal costs and any other reasonable costs and expenses suffered or incurred by TGE) arising directly or indirectly from any breach or non-performance by you of any of the Terms and you shall pay all such costs, claim, demand, action, damages, loss and/or expense forthwith on demand by TGE. At the request of TGE and at your own expense, you shall provide all reasonable assistance to enable TGE to resist any claim, action or proceedings brought against TGE as a consequence of any breach of the Terms. Such indemnity shall apply whether or not TGE has been negligent or at fault. You agree that the foregoing shall apply to you and to any persons featured within the Content and you have obtained required permissions from such persons in order to grant such rights to us. You authorize us to sublicense any of the rights granted hereunder to any other third parties without any further payment to you.

  6. By submitting the Content to us and granting the rights of the Content to TGE in accordance with the Term, you would be given the opportunity for the Content to receive publicity. You hereby acknowledge and agree that such opportunity for the video to receive publicity is the sole, sufficient, good and valid consideration for all rights granted hereunder.

  7. You understand and agree that the judgment of TGE regarding the exploitation of the Content shall be binding and conclusive upon you and that TGE shall not be obliged to use or exploit the Content. You agree not to make any claim or action that TGE has not properly exploited the Content and the rights granted herein. In any event all the Terms shall remain in full force and effect and your grant of all rights in and to the Content set out herein shall remain valid and binding in consideration of the opportunity provided to you regardless of whether the Content is used or exploited or not by TGE.

  8. You agree that (a) TGE shall not be responsible or liable for any incorrect or inaccurate capture of your information and/or personal or contact particulars, any failure to receive notifications of any kind from TGE due to any reasons, including but not limited to electronic-transmission errors, any lost or misdirected email notification (including but not limited to technical malfunctions, human or technical error, seeding or printing errors, lost/delayed/garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof), and any late, misdirected or unavailable network, server or other connections or technical failures, and you shall be responsible for the correctness of your personal information including but not limited to your postal and email addresses and telephone numbers registered with or communicated to TGE; and (b) your personal data, including but not limited to name and contact details, may be processed, shared and otherwise used by TGE and/or any of its designees for the purposes and within the context of this campaign and any other purposes outlined in the Terms. You understand that you may request access or request correction of any personal data held by TGE by writing to TGE at Unit 1603, Kwun Tong Harbour Plaza, 182 Wai Yip Street, Kwun Tong, Hong Kong; and (c) you shall solely assume all responsibilities and liabilities for any of your loss, damage, harm, injury, death, claim, suffering and all associated risks in connection with your production of the Content and TGE accepts no responsibility and liability whatsoever therewith.

  9. This agreement constitutes and sets out the entire agreement between TGE and the Submittor at the date hereof relating to the subject matter of this agreement and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to its subject matter. A person who is not a party to this agreement has no right to rely upon or enforce this agreement, save that TGE (including its successors, affiliates, licensees and assigns) shall be entitled to exercise its rights hereunder and rely on and enforce this agreement as if it were a party hereunder.

  10. Any provision of the Terms that is prohibited or unenforceable in any jurisdiction shall be ineffective as to that jurisdiction to the extent of that prohibition or unenforceability, but that does not affect the validity or enforceability of that provision in any other jurisdiction nor invalidate the remaining provisions of the Terms.

  11. The Terms are in English. If there is any other language version(s) and if there is any conflict or inconsistency between the English and such other language version(s), the English version shall prevail.

  12. You may be required to agree to additional terms and conditions displayed on this Website, which will be incorporated herein by reference and subject to change. By continuing to access or use this Website after revisions become effective, you agree to be bound by the revised Terms.

  13. This agreement (and the Terms) governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”) without regard to the conflict of law provisions, and TGE and the Submittor irrevocably agrees to submit to the exclusive jurisdiction of the courts of Hong Kong in the event of any dispute arising out of or in relation to this agreement (and the Terms).

 

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By ticking the following boxes, I hereby declare, confirm, acknowledge and agree to the following:

□ The Content was produced by me and I am the sole and exclusive right holder of the Content.

□ All individuals featured in the Content have provided full consent to their inclusion in the Content and I have obtained all required clearances and consents from any relevant third parties for the purpose of giving full effect of this agreement and granting the rights granted herein to TGE.

□ I am over 18 years old and I have read and fully understand and agree to the Terms, and agree to abide by and be bound by the Terms (as amended and updated by TGE from time to time). The provisions of the Terms should not be construed against TGE on the basis of that party being the drafter of such provisions.

□ I have signed this agreement voluntarily and intend it to be legally binding and a complete and unconditional release of TGE’s liability to the greatest extent allowed by law, and further acknowledge and agree that no oral presentations, warranties, statements or inducements not contained in this agreement have been made to me by any person or entity associated with TGE and/or any other relate party.

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