By submitting your design (the “Design”) to Qmadix.com and in consideration of its affiliates and parents (collectively “Qmadix”), evaluating your Design for its possible use (including, but not limited to, sale to the public and/or participation in a Qmadix Accessory Campaign Event or other contest), you agree to the following terms and conditions (the “Design Submission Terms and Conditions”):
- The Design is your own original work and does not contain any trademarks, logos, copyrighted material, any other intellectual property belonging to any third party, or content subject to a third party’s right of publicity or privacy.
- The Design does not infringe any rights (including but not limited to copyright) of any third party.
- This is a legal, binding agreement. You represent and warrant that you have the full right, power and authority to enter into this agreement, agree to the Design Submission Terms and Conditions, and that your agreement to them does not violate any other agreement you have entered into with a third party. If you have entered into an agreement with any third party concerning the Design you must advise Qmadix immediately by emailing: media@Qmadix.com.
- Upon submitting your design, you unconditionally pass ownership of said design to Qmadix. By submitting the Design, you hereby grant Qmadix a worldwide, irrevocable, exclusive, right and license to use, upload, modify, reproduce, copy, exhibit, create derivative works of, distribute, sell, advertise, and display the Design, in any manner now known or hereafter devised. This license may be sub-licensed by Qmadix to others. You waive any “moral rights” you may have in the Design.
- You also grant Qmadix a worldwide, irrevocable, exclusive, right and license to use, portray, display and publish your name, appearance, voice, likeness, photographic image, and biographical information, in any and all media now known or hereafter devised. This license may be sub-licensed by Qmadix to others.
- You agree to defend, indemnify and hold harmless Qmadix, including Qmadix’s sub-licensees (each an “Indemnified Party”) from and against any and all claims, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising out of or relating to an Indemnified Party’s use of the Design (including reproducing, distributing, adapting, and displaying the Design) and/or a breach or alleged breach of the Design Submission Terms and Conditions by.
- You acknowledge that Qmadix may decline to select or produce the Design or exclude the Design from consideration for any reason, at any time, and in its sole discretion and that the decisions of Qmadix are final and binding.
- Qmadix may, in its discretion, change these Design Submission Terms and Conditions at any time and such changes shall be effective immediately and incorporated into this Agreement. It is your responsibility to review any changes to the Design Submission Terms and Conditions. No modification of this Agreement shall be binding unless confirmed in writing by Qmadix.
- By submitting your Design, you acknowledge that you have read and agree to these Design Submission Terms and Conditions. Your agreement with Qmadix is governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Los Angeles County, California, in connection with any dispute arising from this agreement.