Wireless Innovation receives project submissions for potential projects from numerous sources, and our representative is responsible for managing incoming submissions, as well as soliciting and procuring additional submissions and projects for licensing or development consideration. Mostly, the projects submitted and those from our other business and filmmaking associates, resemble one another or may have overlapping themes. Therefore, to avoid any misunderstanding about the origin or rights of any property, Wireless Innovation must have a clear understanding with all submitting parties that its evaluation of any accepted submission does not constitute a breach of any confidential or fiduciary relationship on behalf of Wireless Innovation and that any acceptance of submission by Wireless Innovation does not create any obligation or fiduciary duty with respect to the consideration, review or exploration of any submitted project or accepted submission.
Therefore, by submitting your Completed Project to Wireless Innovation, you are deemed to have acknowledged and agreed to the following express conditions (“Agreement”):
1.In consideration of Wireless Innovation reviewing your Completed Project and any accompanying materials, you hereby release Wireless Innovation, together with its producers, directors, employees, and agents, from and against any and all liability in connection with the use or disclosure of your Completed Project or material included with your Completed Project Submission, or any portion thereof, except such liability as may result pursuant to the copyright laws of the United States.other than as set forth in paragraph 8 below.
2.It is expressly understood and agreed that your Completed Project is submitted voluntarily and that no agreement, obligation or relationship of trust or confidence between you and Wireless Innovation either express or implied, exists or is to be assumed by Wireless Innovation with respect to your Completed Project or any materials or information submitted with your Completed Project Submission. Wireless Innovation shall have no obligation to use or consider your Completed Project or to treat your Completed Project Submission as confidential.
3.If, upon evaluation, Wireless Innovation determines that your Completed Project is of interest, Wireless Innovation, in its sole discretion, may enter into a subsequent written licensing agreement with you or the proper rights holder. Wireless Innovation, however, shall have no obligation to compensate you or the proper rights holder for, or with respect to, the Completed Project or any materials submitted together with your Completed Project Submission in the absence of an express written agreement specifying the nature of such compensation.
4.It is expressly understood and agreed that in the event Wireless Innovation accepts your Completed Project for consideration, such acceptance shall in no way constitute an admission or acknowledgment by Wireless Innovation, that your Completed Project, or any constituent ideas or elements thereof, are novel, useful, non-obvious or original.
5.You represent and warrant that all aspects of your Completed Project whether in written, graphic, and/or visual form, and are being submitted with your Completed Project Submission. You expressly waive any rights in, or interest to, any non-written ideas, suggestions, or other elements of the Completed Project not included in written, graphic or visual form with your Completed Project Submission.
6.You represent and warrant that you have the right and authority to submit the Completed Project and/or any materials included with the Completed Project Submission and have obtained the proper consent of any other interested party or rights holder.
7.You represent and warrant that you have not developed the Completed Project with or obtained any aspect of the Completed Project from any employee, agent, or representative of Wireless Innovation.
8.If any part of the Completed Project or Completed Project Submission is the subject of any license, copyright, trademark, or patent registrations or applications, you must include copies of such licenses, registrations, or applications with your Completed Project Submission.
This Agreement shall be governed by and interpreted under the laws of the State of California applicable to contracts made and to be wholly performed in the State of California. All actions or proceedings relating to the interpretation and/or enforcement of this Agreement shall only be brought before a single JAMS arbitrator in the City of Los Angeles, County of Los Angeles with all parties hereby submitting themselves to the exclusive jurisdiction of such tribunal for such purpose. The prevailing party in any such arbitration or other dispute shall be entitled to, in addition to any other damages assessed, its reasonable attorneys’ fees, and all other costs and expenses incurred in connection with settling or resolving such dispute.
Please note, once your Completed Project has been submitted to Wireless Innovation as set forth above in any form, the Completed Project Submission constitutes your express acceptance of all of the terms and conditions contained herein.
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