2. Ownership and copyright assignment
Upon submission, the undersigned irrevocably assigns, transfers, and conveys to CHCO all right, title, and interest in and to the Submission, including all copyrights and other intellectual property rights, throughout the world and for the full duration of such rights, including any renewals, extensions, restorations, and derivative rights.
The parties intend that CHCO shall be the sole and exclusive owner of the Submission and all copyrights associated with the Submission. To the extent any rights cannot be assigned as a matter of law, the undersigned grants CHCO an irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable license to exercise all such rights.
The undersigned agrees to execute any additional documents reasonably requested by CHCO to confirm, perfect, or record CHCO's ownership rights in the Submission.
3. Permission to use submission
The undersigned authorizes CHCO, the Children's Hospital Colorado Foundation, their affiliates, and parties authorized by them to use, reproduce, copy, publish, distribute, display, perform, modify, edit, adapt, translate, digitize, transmit, create derivative works from, and otherwise use the Submission, in whole or in part, in any manner and in any media or technology now known or later developed.
Such use may include marketing and advertising, fundraising, social media, websites and digital communications, public relations, educational materials, news media, internal and external communications, publications, public or private exhibitions, and purposes consistent with CHCO's mission.
CHCO shall have sole discretion regarding whether, how, when, and where the Submission is used.
4. Use of name, age, and accompanying information
The undersigned authorizes CHCO to use the Participant's name, age, grade level, city and state of residence, accompanying written description, caption, statement, story, or commentary, and other information voluntarily submitted with the Submission in connection with the Submission and any use or publication of the Submission.
The undersigned understands that CHCO is not responsible for how third parties may use, share, reproduce, or republish materials included in or related to the Submission once they have been released to the public.
5. No compensation
The undersigned understands and agrees that submission of materials is voluntary; no compensation, royalty, fee, reimbursement, prize, or other payment will be provided in connection with the Submission or CHCO's use of the Submission.
6. No obligation to publish
CHCO makes no representation or guarantee that any Submission will be displayed, published, exhibited, posted online or in social media, included in promotional or educational materials, or used in any manner.
CHCO may remove, discontinue use of, archive, or destroy any Submission at its sole discretion.
7. Representations and warranties
The undersigned represents and warrants that: (a) the Submission is original; (b) the Submission does not infringe any copyright, trademark, privacy, publicity, intellectual property, or other rights of any person or entity; (c) the Submission does not contain unlawful, defamatory, or otherwise improper content; and (d) the undersigned has full authority to enter into this Agreement and grant the rights described herein.
8. Release of claims
To the fullest extent permitted by law, the undersigned, individually and on behalf of the Participant, heirs, personal representatives, successors, assigns, and anyone claiming through them, releases, waives, discharges, and agrees not to sue CHCO, Children's Hospital Colorado Foundation, and their respective directors, officers, employees, medical staff, volunteers, agents, representatives, contractors, successors, and assigns for any and all claims, demands, damages, liabilities, losses, costs, and expenses arising out of or relating to the submission, review, use, publication, distribution, modification, editing, display, reproduction, or other use of the Submission; the use of the Participant's name, age, or other demographic information; any claim for invasion of privacy, right of publicity, misappropriation, defamation, emotional distress, or similar claims; or any claim arising from the exercise of the rights granted under this Agreement.
9. Revocation
The undersigned understands that CHCO will maintain ownership of the Submission and rights previously granted under this Agreement. Any request to discontinue future use of the Submission must be submitted in writing to CHCO. CHCO will consider such requests but cannot retrieve or control materials that may include all or part of the Submission and that have already been published, distributed, shared with media outlets, posted online or in social media, or otherwise released to the public.
10. Miscellaneous
This Agreement shall be binding upon the undersigned and the undersigned's heirs, representatives, successors, and assigns. If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement regarding the Submission and supersedes any prior understandings concerning the subject matter herein.
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