CONTENT SUBMISSION AGREEMENT
Artist at all times retains all right, title and interest in and to the Creative Content provided by Artist hereunder (including, without limitation, the copyrights in and to the Creative Content), subject to the non-exclusive rights in the licenses granted to Neongrid under this Agreement.
Artist grants to Neongrid a worldwide, royalty-free, non-exclusive license to do the following things during the term of this Agreement: to prepare and encode Creative Content or any part of them for digital or analog transmission, manipulation and exhibition in any format and by any means now known or not yet known or invented; to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Creative Content, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented; to modify, adapt, change or otherwise alter the Creative Content in any manner to display on the site; to sublicense to any other person or company any of the licensed rights in the Creative Content, or any part of them, subject to the terms and conditions of this Agreement; Artist acknowledges that Artist will not have any right, title, or interest in any other materials with which Creative Content may be combined or into which all or any portion of Creative Content may be incorporated; Neongrid's licenses under this Agreement include the right to use any part of the Creative Content in the promotion, advertising or marketing of the Neongrid Sites; the term "Creative Content" means any content uploaded to the Neongrid Site(s) which may include without limitation Artist's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, audio-visual materials, artwork, liner notes, and other graphical, textual, video, film or audio materials and any and all "skins," computer-generated images or other artwork or images that Artist submits to Neongrid in any medium or format whatsoever; to use Artist's name(s), group name, photograph and/or likeness(es) and biographical materials in connection with the distribution, exploitation, promotion, marketing and advertising of the Creative Content, and the Neongrid Site(s); Artist and third parties appearing in Creative Content agree not to assert against Neongrid any privacy, publicity, moral or similar rights held by Artist and on behalf any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the Creative Content; and to the extent that the Creative Content contain the name(s), group name, photograph and/or likeness(es) and biographical materials of any other person, Artist hereby grants to Neongrid a worldwide, royalty-free, non-exclusive license to use them in connection with the distribution, exploitation, promotion, marketing and advertising of the Creative Content, as described in this Agreement, during the Term.
REPRESENTATIONS AND WARRANTIES
Artist represents and warrants that: Artist has the full right and power to enter into and perform this Agreement and to grant Neongrid all rights to use the Creative Content as contemplated in this Agreement; Artist has obtained all necessary third-party consents, rights, licenses and permissions, if any, required for Artist to enter into and perform this Agreement and to grant Neongrid the rights to use the Creative Content set out in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used in the Creative Content); the Creative Content (and Neongrid's use of IT under this Agreement) does not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party; all information that Artist provides to Neongrid is true and complete; the Creative Content does not violate any law, statute, ordinance or regulation; the Creative Content is not defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws; the Creative Content does not contain any viruses or other digital code that may interfere with computer systems or data integrity, whether those of Neongrid or any third party.
Artist is responsible for all licensing, tax reporting and payment obligations of any kind to third parties in connection with Creative Content.