CORAL E-Current Photo Contest Release
1. License. I hereby grant to the Coral Reef Alliance, its successors, assigns, or other designees (hereinafter "CORAL") the irrevocable perpetual, nonexclusive license to reproduce, distribute, display, and create derivative works (along with a name credit) of the photograph entered (the "Entry"; see Exhibit A, attached) without additional compensation, in any media now or hereafter known, including, but not limited to: publication in E-Current, CORAL Current, or other CORAL publication; publication on www.coral.org highlighting winners of the CORAL E-Current Photo Contest (the "Contest"); distribution to the public as desktop wallpaper; display at a potential exhibition of winners; fundraising appeals; and publication of a calendar featuring select winners in the Contest. I further waive any "moral" rights, or other rights with respect to attribution of authorship or integrity of the Entry that I may have under any applicable law, whether under copyright, contract, tort, unfair competition, trademark, or any other legal theory, with respect to any use or exploitation of the Entry.
2. Releases. I represent and warrant that I have obtained all authorizations, releases, clearances, and consents from others that may be required in connection with use of the Entry ("Releases"), including without limitation (i) written releases from individuals appearing recognizably in the Entry; and (ii) written releases from the owner of any private property appearing recognizably in the Entry.
3. Assurances. I represent and warrant that (a) I possess or have obtained all rights to the Entry necessary for the grant of these rights, (b) this agreement does not and will not conflict with or violate any agreement that I have or will have with any person or entity, and (c) use of the Entry as permitted herein will not infringe upon or misappropriate any rights of any person or entity, including, without limitation, any copyrights or trademark rights or rights of privacy, publicity, and/or personality, whether statutory, contractual, common law, foreign, or otherwise. CORAL acknowledges that my representations and warranties do not apply to modifications and additions made to the Entry without my participation.
4. Indemnity. I shall indemnify CORAL and its affiliates, officers, directors, employees, assignees and licensees, and hold each and all of them harmless from and against any and all loss, cost, damage, liability, and expense, including attorneys' fees, with respect to any claim that, if true, would constitute a breach of any of my representations and warranties in this agreement.
5. Limitation of Liability. The liability of CORAL hereunder for any reason and upon any cause of action whatsoever shall be limited to $100. In no event shall CORAL be liable to me or any third party for any indirect, consequential, special, punitive or incidental damages. Whether I deliver original or duplicates of the Entry, I agree that CORAL may retain and shall have no obligation to return the Entry to me.
6. Copyright or Credit. CORAL shall include a copyright notice or credit on or within each medium containing the Entry, but I agree that CORAL shall have no liability if such notice or credit is not included.
7. Entire Agreement. This agreement constitutes the entire agreement between CORAL and me concerning the subject matter hereof and supersedes all prior or contemporaneous discussions, communications, and agreements, whether oral or written, between CORAL and me relating to the subject matter hereof. No amendment or modification will be effective unless it is made in writing and signed by both parties. This agreement shall in all respects be governed by the laws of the State of California.