User Generated Submission License Agreement and Web Site Terms and Conditions
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO ENTER INTO A LEGAL AND BINDING AGREEMENT WITH OWENS CORNING SALES, LLC. ("OWENS CORNING") PLEASE READ THIS AGREEMENT VERY CAREFULLY AND MAKE SURE YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS BEFORE SIGNING OR ENTERING INTO THIS AGREEMENT AND SUBMITTING ANY MATERIALS TO OWENS CORNING. BY CLICKING ON THE "SUBMIT" BOX BELOW YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
This User Generated Submission License Agreement ("Agreement") is entered into between you and Owens Corning concerning your submission(s) containing artwork, audio recordings, copy, ideas, images, music, photography, text, video recordings, writing materials and/or other materials ("Submission") for Owens Corning's consideration and possible use in connection with Owens Corning's website currently located at http://roofing.owenscorning.com. With respect to any Submission that is made pursuant to a specific program, contest, or promotion governed by its own specific rules or regulations, the rules and regulations of such program, contest or promotion shall be applicable to any Submission made in connection with the particular program, contest or promotion.
For good and valuable consideration, the receipt of which you hereby acknowledge, you agree to the following:
- You hereby grant to Owens Corning the following rights:
- An irrevocable, non-exclusive, royalty free perpetual license to use and exploit the Submission, including, without limitation, the title(s) and each and every element of the Submission, in whole or in part, in any and all manner and media throughout the world; and
- The right to use your name, voice, image, likeness and biographical data in connection with the Submission including, without limitation, in credits, advertising, publicity, promotional and marketing materials.
- You hereby acknowledge and agree that:
- Owens Corning shall have the right to crop, edit, alter or arrange the Submission in any way it desires in Owens Corning's sole discretion;
- Owens Corning shall not have any obligation to provide you with any credit when using your Submission, but in the event Owens Corning chooses to provide you with credit the size and placement of the credit shall be at Owens Corning's sole discretion;
- No confidential or fiduciary relationship exists between you and Owens Corning and that no such relationships have been established by reasons of this Agreement or by reason of my submission to Owens Corning.
- You shall waive any "droit moral" or "moral rights" that you may have in the Submission;
- You will not issue any publicity concerning Owens Corning, this Site or with respect to any purposes for which this Site is created such as, but not limited to, any special promotions, events or as an ongoing display gallery;
- You are not entitled to any compensation or other payment from Owens Corning in connection with the Submission;
- Owens Corning has not made any promises or representations to you in order to induce you to provide the Submission;
- All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belongs to Owens Corning. In addition, the names, images, pictures, logos and icons identifying Owens Corning and its products and services are proprietary marks of Owens Corning and/or its subsidiaries or affiliates. Nothing contained in this Agreement shall be construed as conferring any license or right, by implication or otherwise, under copyright, trademark or other intellectual property rights; and
- You are hereby granted a non-exclusive, non-transferrable, limited license to view this Site, and to download and/or print insignificant portions of materials retrieved from this Site provided that (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of the Site, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of Owens Corning; and
- THIS SITE IS PROVIDED ON AN "AS-IS", "AS AVAILABLE" BASIS AND OWENS CORNING EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OWENS CORNING DOES NOT WARRANT THAT ANY MATERIAL ON THIS SITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERR0R-FREE; and
- Owens Corning disclaims all responsibility for any loss, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from this Site, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.
- You represent and warrant that:
- You have the full power and authority to enter into this Agreement, to grant the rights herein and to perform all of your obligations set forth in this Agreement;
- You are the author of the Submission and that each and every element of the Submission is an original work created by you;
- You are the sole and exclusive owner of the Submission and all of the trademark and copyrights therein;
- No third party is entitled to any compensation or payment as a condition for Owens Corning's use and exploitation of the Submission;
- The Submission, and each and every element therein, does not (i) infringe upon the copyright, trademark or other intellectual property right of any third party; (ii) violate the privacy or publicity rights of any third party; and (iii) contain any libelous or slanderous material or defame any third party; and
- The Submission does not contain any (i) pornography or sexually explicit content; (ii) criminal or illegal acts; and (iii) violent or dangerous acts.
- You agree to defend, indemnify, and hold harmless Owens Corning, its officers, directors, employees, agents, licensees, affiliates, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorney fees) resulting from claims made against Owens Corning by third parties arising from any breach, or alleged breach, of your representations, warranties or obligations hereunder.
- You shall not sue or otherwise make or present any demand or claim, and you irrevocably, unconditionally and entirely release, waive and forever discharge Owens Corning, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter "Releasees"), from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Releasees with respect to Owens Corning's use of the Submission, and/or your decision to provide Owens Corning with your Submission. Without limiting the generality of the foregoing, you specifically acknowledge that you shall not be entitled to equitable or injunctive relief, which you knowingly and voluntarily waive and you shall not prevent or inhibit the exhibition, distribution, broadcast or other use or exploitation of the Submission.
- You acknowledge that the Submission may contain concepts, ideas, materials, proposals, suggestions and the like relating to purposes for which the Site was created and/or other Owens Corning initiatives (the "Material"). With respect to the Material you acknowledge that:
- Owens Corning receives numerous submissions from many parties and/or may have independently developed and/or considered similar Material and that Owens Corning's review of the Material is not an admission of novelty, priority or originality;
- Owens Corning's use of any similar Material whether based on your Submission, provided to Owens Corning by third parties, or independently developed or considered by Owens Corning shall be without any obligation to you.
- You understand that Owens Corning will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this Agreement and may incur substantial expense in reliance upon these grants of rights, representations, warranties and indemnities should Owens Corning use your Submission.
- You hereby acknowledge that you have kept a copy of the Submission for your own use and that Owens Corning will not return the Submission provided by you. Owens Corning shall have the right to retain or destroy the Submission at its sole discretion, and you hereby release Owens Corning from any claims related thereto.
- Owens Corning shall be entitled to assign or sublicense all or a portion of the rights and licenses granted herein and/or this Agreement in its entirety, without payment to you. You shall not have the right to assign this Agreement or any of your obligations herein and any such assignment is voidable by Owens Corning in its sole discretion. This Agreement is binding upon and shall inure to the benefit of the respective licensees, successors, heirs and permitted assigns of the parties hereto.
- No waiver of any provision of this Agreement shall constitute a waiver of any other provisions or any other or further breach.
- In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect.
- This Agreement has been entered into in the State of Ohio and the validity, interpretation and legal effect of this Agreement shall be governed by the laws of Ohio, without giving effect to its conflicts of laws principles. You consent to the exclusive jurisdiction of the federal and/or state courts located in Lucas County, Ohio in regard to any dispute arising out of this Agreement.
- This Site as well as the terms and conditions of this Agreement may be changed by Owens Corning with or without notice. You are strongly advised to review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change
- This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter of the Agreement.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THE FOREGOING TERMS AND CONDITIONS ANDAGREE TO ENTER INTO THIS AGREEMENT.
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.