The Dead South Worldwide Dance Party Privacy Notice and Submission Agreement
This Agreement dated as of the 14th day of April, 2020.
Whereas The Dead South (“the Band” “we” “us” “our”) has invited you to create and submit a home video clip featuring your image and performance, and the images and performances of others (the “Clip”), dancing to the song “In Hell I’ll Be In Good Company” (the “Song”), for our purpose of editing together a crowd-sourced remake (the “Fan Remake”);
Now therefore: upon clicking “submit” to submit the Clip, you irrevocably agree as follows:
1. You request that we evaluate the Clip being submitted to us with a view to considering its use of same. You acknowledge that our acceptance of the submitted Clip does not in any way obligate us to do so or to notify you of our use of the Clip, if any. You agree that we may use the Clip or any of its features or components or any scenes contained in it, in any way, without compensation or limitation, and without providing credit to you.
2. You warrant that you are the creator of the Clip, the Clip is original with you and that no person to your knowledge has any right to it or to any of its components. You further warrant that the Clip was created in accordance with local laws, that you are of legal age and have been given sufficient right and permissions, including but not limited to permissions from all of the persons, appearing in the Clip to give effect to this Agreement, and that to your knowledge, there is no law prohibiting you from submitting the Clip to us for our intended uses. You agree to indemnify and hold us and those who gain their rights from or through us, harmless from any or all claims arising directly or indirectly out of its use of the Clip in accordance with this agreement or in connection with a breach of the foregoing representations and warranties. You hereby agree that in no event shall you be entitled to injunctive or equitable relief in connection with a breach of this agreement, nor shall you otherwise interfere with the use and enjoyment of the rights granted in this agreement.
3. Six Shooter Records Inc. (“Six Shooter”) shall have (a) exclusive ownership of all rights including copyright, throughout the world, in perpetuity, in the Clip, the Fan Remake, and any audio-visual productions containing the Clip or the Fan Remake; (b) the sole and exclusive right, but not the obligation, to use, exploit, distribute, sell and publicly perform the Clip and the Remake in any media and format without limitation; (c) the right to authorize others to do the same. Notwithstanding the foregoing, you shall have the right to display the Clip for non-commercial purposes only on your own websites and social media feeds, provided that nothing in this paragraph shall convey to you any ownership in the Song, the Clip or the Remake, all of which rights are expressly reserved by Six Shooter and the Band.
4. You agree that we have the right but not the obligation to display your name and your geographic information on screen wherever we use the Clip and the Remake.
5. You release us, Six Shooter and related companies, our and their respective subsidiaries, affiliates and licensees, and each of their respective officers, agents, representatives, employees, successors and assigns, jointly and individually, from any claims or actions we may make arising out of use of the Clip in the promotion, production, broadcast and exploitation of the Remake, including without limitation, any and all claims for invasion of privacy, infringement of your right of publicity, defamation and any other personal and/or property rights. You understand that Six Shooter is proceeding with the production, distribution and exploitation of the Remake in reliance upon and induced by the foregoing permission.
6. You hereby unconditionally waive, on behalf of yourself and any of your respective heirs and beneficiaries, and with respect to the Clip and the Remake, the benefits of any provision of law known as moral right or droit morale and any similar or analogous law, regulation or decision throughout the World, and shall not institute, maintain or permit any action or suit on the ground that any exercise of any of the rights granted in this Agreement shall in any way constitute an infringement of any such right.
7. Any controversy arising from our use or non-use of the Clip and the Remake shall be governed by the laws of Ontario and the applicable laws of Canada. 8. You may direct any concerns, correspondence concerning the Clip and your participation in the Remake by email or regular mail as follows: The Dead South care of Six Shooter Inc., PO Box # 98038, 970 Queen St. E, Toronto, Ontario, Canada M4M 1J0 email: info@sixshooterrecords.com Privacy Statement This privacy statement (“Privacy Statement”) applies to the treatment of personally identifiable information submitted by, or otherwise obtained from, you in connection with the Clip and the Remake).
By submitting the Clip, you acknowledge that you accept the practices and policies outlined in this Privacy Statement.
1. Six Shooter (“we”, “us”) may receive and store any information you submit with the Clip or otherwise authorize us to obtain. The types of personal information collected may include your full name, email address, IP address, browser information, and geographic information.
2. We receive and store certain types of usage related information when you submit the Clip. For example, Six Shooter may automatically receive and record information regarding your computer’s IP address, and browser information. Such information may be shared in aggregate (non-personally identifiable) form with our partners.
3. Six Shooter uses the information described in this Privacy Statement strictly for the purpose of creating, distributing, exploiting and publicly performing the Clip and the Remake. Six Shooter shall neither rent nor sell your personal information to anyone.
4. We employ other companies and people to perform tasks on our behalf and need to share your information with them to create the Clip and the Remake. Unless we tell you differently, our agents do not have any right to use personal information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of personal information for the above purposes.
5. We may release personal information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of the Band, Six Shooter, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
6. Except as set forth above, you will be notified when your personal information may be shared with third parties and will be able to prevent the sharing of this information.
7. If you decide to submit the Clip your use/access and any possible dispute over privacy is subject to this Privacy Statement and the above Agreement, including limitations on damages, arbitration of disputes, and application of Ontario law.