Exclusive Content License & Submission Policy
Last Updated and Effective Date – October 24, 2019
The Premier Lacrosse League (“PLL” or “we”, “our” or “us”) operates the Premier Lacrosse League platform, including our websites, social media pages and apps (the foregoing shall hereinafter be collectively referred to as the “Platform”).
This Exclusive Content License & Submission Policy (“Agreement”) describes the agreement between you and us with respect to any content or materials, including photos, pictures, images, videos, music, audio recordings, documents, comments, tweets, posts, written pieces or other user-generated content or information (collectively, the “Content”), added, submitted, distributed, or posted to the Platform by any means including, without limitation, via upload, e-mail, DM and/or posted comment, and governs your rights, licenses, obligations and restrictions regarding submission of the Content to the Platform.
EXCLUSIVE LICENSE GRANT
By submitting or posting the Content to us or our Platform in any manner, and in consideration for the opportunity to have the Content distributed on our Platform, you automatically grant us, our contributors, partners and sponsors, or warrant that the owner of such content has expressly granted us, the perpetual, irrevocable, royalty-free, sublicensable and transferable, exclusive right and license to use, copy, reproduce, publish, distribute, offer for sale, license to others, publicly display and perform, sell, enforce, edit, modify, post, transmit, remove, retain, repurpose, promote, prepare, broadcast, commercialize and otherwise utilize derivative works of, and otherwise exploit the Content, and any clips, images, or portions thereof, in any and all media, formats and channels, including on our Platform, and in merchandise related thereto.
For the sake of clarity, the rights granted with respect to the Content will include, without limitation, the exclusive right to (1) post the Content on our Platform, (2) use the Content (or clips thereof) in any advertising or promotional material, including but not limited to in-stadium assets, digital formats or print copy, (3) license the Content to third parties for their use in exchange for payment, (4) pursue advertising, brand integration, endorsement and sponsorship opportunities with respect to the Content; (5) pursue and receive fees and damages for past, present and future infringements of intellectual property rights in and to the Content, and (6) incorporate the Content, or images therefrom, in merchandise to be sold through the Platform or otherwise.
The rights granted by you to us are exclusive which means that after entering this license, you will have no right to grant rights in the Content to any third party and no right to continue to distribute the Content through your own digital or online channels (including your own social media accounts), unless we otherwise agree.
By accessing or otherwise using our Platform or by submitting any Content, you represent and warrant that you are at least 13 years old and that if you are between 13 and the age of legal majority in your jurisdiction of residence (typically 18 or 19 years old), your parent or legal guardian agrees to be bound by this Agreement. You may only use our Platform or submit Content to us if you are over 13 years old and if you are between 13 and the age of legal majority, then you may only use our Platform or submit content with the permission of, and under the supervision of, your parent or legal guardian. You acknowledge and agree that you alone have taken the photos and written any copy associated with the Content, or you have the permission of the person that created the Content to allow us to use them. You represent that you have produced the Content yourself and own all necessary and applicable copyrights in the Content, the materials shown in the Content and any written copy that we intend on using, or you have received the express permission of the copyright owner(s) (and their parent or guardian, if applicable) to have such Content used and shared by us in accordance with these Terms. You represent to PLL that you have paid and will pay in full any fees or other payments that may be related to the production or use of the Content. You acknowledge and agree that nothing in these terms limits PLL’s rights under the fair use doctrine or the First Amendment.
To the extent any of the Content you submit includes the name, image, voice, or performance of you or anyone else, you acknowledge and agree that licenses herein shall apply to the same. You represent and warrant that you have express permission of everyone who is pictured, seen, appears or is featured in the Content (and their parent or guardian, if applicable) to be photographed, videotaped or otherwise depicted and have the Content and their names used and shared by us in accordance with these Terms. If any person pictured, seen, appearing or featured in the Content is under 18 years of age, you represent that you are the parent or guardian with legal responsibility of any minors depicted in the Content. If you are not the parent or legal guardian, you must obtain their parent or guardian’s express permission to have their image, name and likeness used by us. You warrant and represent that you have sent a copy of or a link to these Terms to each individual displayed in any of the Content we use and such individuals have agreed to these Terms.
Except where prohibited by applicable law, by submitting the Content through the Platform, you and anyone pictured, seen, appearing or featured in the Content are waiving and agreeing not to assert any of the following potential claims based upon our use of the Content as described herein: (i) copyright infringement; (ii) violation of your rights of publicity; (iii) defamation, and/or (iv) “moral” rights or claims resulting from our alteration of the Content. You also understand that by granting us permission to use the Content, you agree to forever release, discharge, indemnify, defend and hold harmless PLL and its affiliates, their employees and officers, and any third party services, companies, partners, or sponsors that use the Content from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and expenses relating to or arising out of the use of the Content as contemplated by this license.
Subject to these grants, you retain any and all rights which may exist in the Content.
We do not guarantee that any of the Content will be exploited through the Platform. We reserve the right to, but do not have any obligation to, remove, edit, modify or otherwise manipulate the Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to the Content or if we are concerned that the Content may violate this Agreement).
You are prohibited from submitting any content that:
- Was taken from a third party, or includes a third party’s trademarks, content or material, without permission, or otherwise infringes upon a third party’s intellectual property rights of any kind.
- You have previously sold to or exclusively licensed to another party.
- Is defamatory, slanderous or libelous.
- Depicts or encourages criminal or tortious activity, including fraud, trafficking in obscene or illegal material, drug dealing or using, underage drinking, gambling, violence, harassment, or stalking.
- Includes the name, image, voice or performance of any person who has not provided his or her consent to the foregoing being used for the purposes hereunder.
- Depicts or encourages dangerous activities.
- Is abusive, threatening, or obscene.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that the Content will not violate any of the prohibitions described above. Without limiting the foregoing, you further represent and warrant that:
- You did not, without necessary permission, copy, rip, download, or otherwise take the Content from any third party.
- You have not previously granted, nor will you in the future grant, any rights to the Content to any third party.
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to include and use the Content in the manner contemplated by this Agreement and that the Content will not violate or infringe upon the intellectual property rights, the rights of privacy or publicity, or any other rights of any third party.
- You have the express consent of every party prominently featured in the Content to license the Content to us for the uses contemplated under this Agreement.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.