Anything Goes : Is this a Standard Release? Caution LONG POST! Entire Release shown here by Jussta

Jussta

Is this a Standard Release? Caution LONG POST! Entire Release shown here

Hi, I received an invite to submit - but FIRST have to sign this release. Anyone heard of this company? Eyestorm? Here is a copy of the release they want signed. "The following shall constitute a release (the “Release”) by _______________________ (“Submitter”) with regard to the submission of a _______________________________ entitled ________________________ (the “Material(s)”) for review by Eyestorm Productions, LLC. (“Eyestorm Productions”). Submitter understands and agrees that the execution of this Release is a prerequisite to Eyestorm Productions’ review of any materials submitted. All references herein to Eyestorm Productions shall include any related entities as well as Eyestorm Productions’ directors, officers, managers, agents, employees, consultants, lessees, licensees, successors and assigns. In consideration of Eyestorm Productions’ review of the Material, Submitter hereby agrees as follows: 1. Submitter understands and agrees that Eyestorm Productions does not undertake to consider the Material in confidence. Submitter acknowledges that Eyestorm Productions must disclose the Material to various employees, and possibly even to those outside Eyestorm Productions’ employ, to determine the Material’s value. It is understood that no confidential relationship is entered into by reason of Eyestorm Productions’ consideration of the Materials or by reason of discussions at any time between Eyestorm Productions and Submitter. 2. Any submission to Eyestorm Productions is made with the understanding that Eyestorm Productions shall give the Material such consideration as it merits in Eyestorm Productions’ sole and final judgment, and Eyestorm Productions is under no obligation to Submitter whatsoever to use the Material. Eyestorm Productions is under no obligation to release to Submitter either any details of Eyestorm Productions’ actions in connection with the Material or any information regarding Eyestorm Productions’ activities in the field to which the Material pertains. 3. Consideration of the Material is not an admission by Eyestorm Productions of the novelty, propriety or originality of the Material. Eyestorm Productions shall not be obligated to further consider a Submitter’s Material or to negotiate with or enter into an agreement with Submitter pertaining to the Material. 4. Any parts of the Material that are solely owned and controlled by Submitter pursuant to 15 U.S.C. 1051 et seq. and/or protected by copyright for the benefit of Submitter pursuant to 17 U.S.C. 101 et seq. (collectively, the “Statutes”) shall be deemed protected materials for the purpose of this Release and Eyestorm Productions claims no ownership in such protected materials by virtue of this Release. 5. Submitter hereby represents and warrants that: (a) Submitter is the sole originator of the Material, that the Material is solely owned by Submitter and that no other person, firm or corporation has any right, title or interest therein or thereto. (b) Neither the Material nor Eyestorm Productions review or use thereof shall violate any personal or property rights of any third party including, but not limited to, rights of droit moral, privacy, publicity, copyright, trademark, or other intellectual property rights, nor shall the Material or Eyestorm Productions’ review or use thereof constitute defamation, libel or slander against any third party. (c) Submitter has the full right and authorization to submit the Material to Eyestorm Productions upon all of the terms and conditions herein stated. (d) No persons other than those signing below or executing a separate but contemporaneous Release with respect to the Material have collaborated with Submitter in creating the Initial Here:__________ 2 of 2 Revised 10/03/14 Material, nor do any persons other than those signing below have any rights in such Materials inconsistent with Submitter’s agreement hereunder. (e) Submitter has fully read and understands and agrees to this Release. 6. Submitter agrees to indemnify, defend and hold harmless Eyestorm Productions and its related entities from and against any claim, loss, obligation, liability or expense including reasonable attorney’s fees that may be asserted against or incurred by Eyestorm Productions in connection with the Material submitted hereunder, any use of such Material by Eyestorm Productions or any breach of any representation, covenant or warranty made by Submitter hereunder. Submitter also acknowledges and indemnifies Eyestorm Productions from any claims or liabilities relating to similar material conflicts that may already be in development with Eyestorm Productions. 7. The Material has not been previously disclosed to Eyestorm Productions, and Eyestorm Productions has not made any prior inducements, promises or representations to Submitter regarding the Material. This Release constitutes the entire understanding of Submitter and Eyestorm Productions as of the date hereof. No other agreement, written or oral, expressed or implied, exists between Submitter and Eyestorm Productions with respect to the Material. Any modification or waiver hereunder or termination hereof must be in writing and signed by both Submitter and Eyestorm Productions. The invalidity of any provision hereof shall not affect the remaining provisions. The representations, warranties and indemnities herein shall survive the termination, execution, completion or expiration of this Release. 8. Submitter has retained a copy of the Material and agrees that Eyestorm Productions shall not have any obligation to return the submitted copy of the Material to Submitter and that Eyestorm Productions shall be under no obligation for any loss or damage to such copy. AGREED & ACCEPTED: SUBMITTER: Print Name: ________________________________________________ Title: ________________________________________________ Signature: ________________________________________________ Date: ________________________________________________ Company: ________________________________________________ Address: ________________________________________________ ________________________________________________ Phone #: ________________________________________________ Fax #: ________________________________________________ Email: ________________________________________________"

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