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SOPOAPPS COMMUNITY SUBMISSION AGREEMENT This SopoApps Community Submission Agreement ("Agreement") is a legal contract between you and Sopogy, Inc. ("Sponsor"). By clicking on the "Accept" button below or otherwise submitting any project package (the "Project Package") through this Web site (the "Site"), you agree to be bound by the terms and conditions of this Agreement. You must be at least 18 years old to submit a Project Package to the Site. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBMITTING A PROJECT PACKAGE. THIS AGREEMENT INCLUDES IMPORTANT TERMS REGARDING YOUR INTELLECTUAL PROPERTY RIGHTS IN YOUR PROJECT PACKAGE SUBMITTED TO THE SOPOAPPS COMMUNITY ("COMMUNITY"); GRANTS CERTAIN RIGHTS AND RELEASE; AND MAKES CERTAIN REPRESENTATIONS, WARRANTIES AND INDEMNITIES REGARDING THE PROJECT PACKAGE YOU SUBMIT. In consideration of allowing you to participate in the Community, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree as follows: 1. Ownership. All entries and other materials (including Project Packages) submitted to Sponsor in connection with the Community (collectively, "Entry Materials"), along with all copyright, trademark and other proprietary rights associated therewith, become the property of Sponsor upon submission, and Entry Materials will not be returned to any entrant. Without limiting the generality of the foregoing, you acknowledge that Sponsor will own all rights to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and noncommercially exploit the Entry Materials in perpetuity and throughout the universe, in any manner or medium now existing or hereafter developed, without separate compensation to you or any other person or entity. You agree to take, at Sponsor's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's ownership rights as set forth above in this paragraph 7. Entrants expressly acknowledge and agree that Sponsor can license the proposals, designs, ideas and contents submitted to Sponsor to the public on a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and irrevocable basis pursuant to the terms and conditions of the Submission Agreement. Entrants shall not be entitled to compensation for any use by Sponsor, or by any members of the public or anyone else, of the proposals, designs, ideas and contents of the Entry materials. 2. License. To the extent not already covered by the ownership transfer above, you grant to Sponsor and to the public a perpetual, irrevocable, worldwide, license ("License") to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense the Project Package, or any portion thereof, in any manner, form, media or technology now known or later developed. Without limiting the foregoing, this grant includes the right to make editorial revisions to the Project Package, to use and publish the Project Package in any manner and form, including electronic form, on the Site or in other media, whether now or hereafter created; to use the Project Package for our own internal business purposes; to reproduce and distribute the Project Package for marketing and publicity purposes and to sublicense any of the foregoing to third parties. You further grant us the right to use your name, image and likeness on and in connection with the Project Package and the Site, including without limitation use in the exhibition, broadcast, distribution, advertising or promotion of the Project Package and the Site, and any Communitys offered through the Site. Sponsor will have no obligation to publish, use or retain any Project Package you submit or to return any such Project Package to you and may remove any Project Package from the Site at any time in its sole discretion for any reason or for no reason. At Sponsor's request, you agree to sign a written agreement confirming the terms of this Agreement and to take other measures Sponsor reasonably requests to evidence the rights granted in this Agreement. 3. Project Package Submission Rules. You agree to read and abide by the rules and guidelines set forth in at sopoapps.org (the "Project Package Submission Rules") and not to submit any Project Package that is not fully in compliance with such Project Package Submission Rules.] 4. Community Rules. By submitting a Project Package, you agree to participate in the Community and acknowledge that you have read and agree to all of the terms, conditions and rules set forth in the Official Rules for the Community (posted at sopoapps.org) which are hereby incorporated into this Submission Agreement by this reference. 5. Representations and Warranties. You represent and warrant that (a) you are eligible to enter the Community; (b) the Project Package is original to you and that you are the owner of all right, title and interest in and to the Project Package and have the right to grant the rights granted herein; (c) you have the unconditional right to submit the Project Package to Sponsor pursuant to this Agreement and that the Project Package and the use thereof as contemplated herein does not and will not violate or infringe upon any law or regulation or the rights of any third party, including without limitation any intellectual property rights, rights of privacy and rights of publicity; (d) the Project Package does not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data; (e) all statements that you assert as fact are true and accurate; and (f) each Project Package will fully comply with the Project Package Submission Rules. You acknowledge that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the license contained in this Agreement. 6. Waiver and Release. By submitting the Project Package, you hereby release Sponsor from any liability whatsoever, and waive the right to make any claims against Sponsor, arising our of or relating to the Project Package or the use of your name, image and likeness as set forth in this Agreement, including, but not limited to, claims of infringement, unfair competition, breach of implied contract, breach of confidentiality, and violation of the right of privacy or rights of publicity. 7. No Confidentiality. You realize that Sponsor may have access to or may independently created content and material similar or identical to the Project Package you submit, and you agree that you will not be entitled to any compensation by reason of the use by Sponsor of such similar or identical material. You understand and agree that all Project Packages submitted to Sponsor will not be treated as confidential, and you agree not to include or disclose any trade secrets or other confidential or proprietary information of a third party in any Project Packages. 8. Indemnification. You hereby agree to defend, indemnify, and hold harmless Sponsor , and its subsidiaries, affiliates, successors and assigns, from and against any and all claims, demands expenses, losses or liabilities including, without limitation, reasonable attorney's fees and punitive damages, arising out of or in connection with the Project Package, or any use thereof, including without limitation those arising from any breach, or alleged breach, of the warranties, representations and promises provided by you in this Agreement (each a "Claim"). 9. Severability; Complete Agreement. If any provision of this Agreement is found to be invalid, the remainder shall remain in full force and effect. This Agreement is the entire agreement between you and Sponsor with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between you and Sponsor with respect to such matters. This Agreement may not be amended except by a writing signed by Sponsor specifically referencing this Agreement. 10. Governing Law; Venue and Jurisdiction; Jury Trial. This Agreement shall be governed by the laws of the State of Hawaii, without reference to its choice of law rules. You irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in Honolulu, Hawaii with respect to any claim or suit arising out of or in connection with this Agreement or your participation in the Community, and agree not to commence or prosecute any such claim or suit other than in the aforementioned courts. EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. I agree to the above terms
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