ACCEPTANCE OF TERMS
Mochi Media, LLC, an Indiana limited liability company (“Mochi Media”), offers writers, artists, illustrators, and graphic designers the opportunity to submit creative content (“User Content”) for publication on this website (the “Site”). By submitting User Content to the Site, you agree to and are bound by this Content Licensing Agreement.
LICENSE TO MOCHI MEDIA FOR USER CONTENT
By submitting your creative efforts for display on the Site (whether text, videos, photographs, audio, graphics or otherwise) you grant Mochi Media and any of our affiliates, subsidiaries, assigns, agents, and licensees a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to store, use, reproduce, modify, display, perform, distribute, adapt, promote, create derivative works, make collective works and syndicate your User Content, together with your name, image, visual likeness, portrait, photograph, and/or related biographical information (collectively, “Promotional Materials”), in any medium and through any form or technology of distribution without any compensation to you. You further agree that all right, title, and interest in or to the Promotional Materials and any reproduction or derivative works thereof shall remain the exclusive property of Mochi Media.
REPRESENTATIONS AND WARRANTIES
By submitting User Content to the Site, you represent and warrant that such User Content is (a) your original work; (b) does not infringe the intellectual property rights of any third party; (c) is not subject to any restrictions on Mochi’s use of such User Content; and (d) that you have full right and power to enter into this Content Licensing Agreement without the consent of any third party.
MANAGING CONTENT AND COMMUNICATIONS
Mochi Media reserves the right, in its sole discretion, to reject User Content submitted to the Site, to delete or remove User Content from the Site, and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. Mochi Media may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to the substance of any User Content. To the maximum extent permitted by law, Mochi Media will have no liability related to User Content. Mochi Media disclaims all liability with respect to the rejection, misuse, loss, modification, or unavailability of any User Content.
INDEMNITY AND LIABILITY
You agree to indemnify and hold Mochi Media, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit to the Site or your violation of this Content Licensing Agreement.
REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
Copyright owners can report alleged violations of their intellectual property rights to firstname.lastname@example.org.
GOVERNING LAW AND JURISDICTION
By accessing this Site, you and Mochi Media agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the United States and the State of Indiana, without regard to the conflicts of laws principles thereof. You and Mochi Media also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Indiana with respect to such matters.
The Content Licensing Agreement and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Mochi Media and you with respect to your submission of User Content to the Site. If for any reason a court of competent jurisdiction finds any provision of this Content Licensing Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Content Licensing Agreement shall continue in full force and effect. Any failure by Mochi Media to enforce or exercise any provision of this Content Licensing Agreement or related right shall not constitute a waiver of that right or provision. This Agreement may not be assigned by you without Mochi Media’s written consent, and any such attempted assignment shall be void and of no effect.