By accepting these terms, I, the Contributor, agree to license to Envision Kindness, Inc. (“Envision Kindness”), and its designated affiliates, the right to use the content provided in the form of photographic images, illustrations, other visual artwork, videos, sound recordings, written material, and other audio material (all considered Content). I, the Contributor, acknowledge that I am at least 18 years of age and own the copyright to the content provided to Envision Kindness. I recognize that there is no expectation of compensation for providing this Content.
Pursuant to this license agreement, Contributor grants permission for the following usage of the Content:
- display on the Envision Kindness website;
- circulation via e-mail and similar messaging services (e.g., Twitter) to Envision Kindness subscribers;
- display in physical exhibits in venues such as galleries or museums;
- publication as part of a collective work in book, journal, or calendar form;
- use on articles such as apparel, coffee mugs, and other useful items as part of fund-raising for Envision Kindness;
- use for promoting Envision Kindness and Envision Kindness-sponsored events (including events in which Envision Kindness is not the sole sponsor) as part of fund-raising for Envision Kindness; and
- ,social science research.
Contributor also agrees that Envision Kindness may modify the content or create derivative works at the discretion of Envision Kindness.
Contributor understands that just because something has been published on the Internet, it does not mean that he or she is allowed to copy and reuse it. Contributor retains all copyright that they own to the content and this license agreement is nonexclusive. Contributor warrants that he or she is the owner of the copyright to all Content submitted to Envision Kindness and that the Content does not violate any laws or the rights of any individuals or business entities including copyrights, trade secrets, privacy rights, and right to publicity. Contributor further warrants that Content has not been submitted with the intent to harass, embarrass, or cause distress, unwanted attention, or discomfort upon another person or entity.
Accompanying Information and Model Releases
Contributor warrants that the information provided to Envision Kindness (whether entered onto the website or in any form of communication with Envision Kindness staff) is complete and accurate. In addition, any information contained in the model release is complete and accurate and that, if a model release is provided, the persons depicted in Content have consented to publication or use of their likeness for purposes such as advertising, promotion, placement on commercial products, and fundraising. I, the Contributor, agree to be responsible for retaining the model release for seven years and agree to provide the model release(s) upon written request by Envision Kindness.
Contributor shall indemnify, defend and hold harmless Envision Kindness, its officers, directors, employees, partners, associates, affiliates, joint venturers, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties. The indemnity shall apply to any liabilities and expenses (including attorneys’ fees and costs) in consequence of such a breach. Envision Kindness reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, which shall not excuse Contributor’s indemnity obligations.
Withdrawal of Content
Contributor may withdraw Content but shall provide Envision Kindness a reasonable amount of time to effect the withdrawal. Usage commenced prior to the request for withdrawal of Content will continue to be licensed for those uses provided that such usage is substantially continuous as is reasonable under the circumstances. Envision Kindness is not obligated to provide Contributor with copies of Content that has been withdrawn from licensing.
If any term or provision of this Agreement is found to be unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions. Contributor agrees that all claims involving the content shall be brought in Connecticut. This Agreement is the complete and exclusive statement of the Agreement between Contributor and Envision Kindness, which supersedes any proposal or prior agreement, oral or written, and any other communication between Contributor and Envision Kindness, relating to the subject of this Agreement.