Legal

Content Agreement

The Streamy Awards, produced by Streamys, LLC (“STREAMYS”) shall feature full episodes and clips of shows submitted for consideration for inclusion and recognition during the broadcast of the Streamy Awards. STREAMYS’ use of clips and episodes of such shows are subject to the limited license rights set forth below. By submitting the clip or episode (the “Content”), you, as LICENSOR, are subject to the following Terms of Service (”TOS”), which may be updated by STREAMYS from time to time without notice to you.

Limited License. Subject to the TOS hereunder, LICENSOR hereby grants STREAMYS a limited, non-exclusive, non-sublicensable, non-assignable, free-of-charge license to use LICENSOR’s Content in any manner STREAMYS sees fit for the online promotional materials and as incorporated into the live broadcast and online simulcast (as well as “on demand” for viewing online thereafter) of the Streamy Awards (the “Production”) produced by STREAMYS (the “Licensed Rights”). Such Licensed Rights shall include, without limitation, the right to use the Content in the distribution, sale, licensing, marketing, advertising, promotion, exhibition and other exploitation of the Production in all markets and media (whether now known or hereafter developed), throughout the universe, in perpetuity, during the broadcast and simulcast of the Production. In addition, STREAMYS shall have the right at any time, and in perpetuity, to use the Content in Streamy Awards retrospectives and montages.

Indemnification. LICENSOR agrees to indemnify, defend and hold STREAMYS, its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any liability, claim, demand, administrative action, cause of action, suit, damage, loss, cost or expense, including reasonable attorneys’ fees, made by any third party due to or arising out of the Content you submit, post, transmit, modify or otherwise make available to STREAMYS, including but not limited to any content for which LICENSOR has not received appropriate permissions (such as footage or music), LICENSOR’s violation of the TOS, or LICENSOR’s violation of any rights of another. LICENSOR acknowledges that STREAMYS will rely on this license potentially, at substantial cost to STREAMYS, and LICENSOR hereby agrees not to assert any claim of any nature whatsoever against anyone relating to the exercise of the license granted hereunder.

Ownership of Rights to the Production. STREAMYS shall be the sole owner of all right, title and interest, under copyright or otherwise, in and to the Production and each element thereof.

Remedies. LICENSOR’s sole remedy for a breach of this agreement is an action at law for damages. LICENSOR waives any right of rescission or to injunctive or other equitable relief.

Miscellaneous. STREAMYS’ rights under this TOS may be assigned. This TOS shall inure to the benefit of the parties and their successors, administrators, heirs and assigns. This TOS shall be interpreted under the laws of the State of California applicable to contracts entered into and fully to be performed therein. No waiver of any term hereof shall be deemed to be continuing or be deemed to waive any other term hereof. This TOS constitutes the entire understanding of the parties concerning the subject matter hereof; all prior negotiations and understandings are merged herein.