For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and except where restricted or prohibited by law, (a) I hereby submit to America’s Power and the American Coalition for Clean Coal Electricity, their affiliates, designees, successors, assignees and agents (collectively “America’s Power/ACCCE”) my full name, city, state and country of residence, hometown, photograph or other likeness, biographical information, other personal identifiers (such as, without limitation, social media user name(s)), written testimonial(s), opinions, and any other statements or copyrightable or copyrighted work (collectively, “My Submissions”), and (b) I hereby grant to America’s Power/ACCCE an unrestricted, nonexclusive, worldwide, royalty-free, perpetual, irrevocable, assignable, and otherwise transferable right and license (with the right to sublicense) to use, copy, cache, publish, display, distribute, edit, modify, and create derivative works of My Submissions or portions thereof (whether alone or accompanied by other material). In connection with the foregoing, I hereby authorize America’s Power/ACCCE to use and/or publish My Submissions, in whole or in part, either alone or accompanied by other material, in perpetuity, for promotion, trade, advertising, publicity or any other commercial and lawful purpose of America’s Power/ACCCE throughout the world, in any media now known or hereafter developed (including, without limitation, in print media, on the Internet, through mobile devices, or through social media), without further compensation or notice to me and without my review or approval. I acknowledge and agree that I have no right to examine or approve any advertising copy or printed matter that may incorporate My Submissions, whether as submitted to America’s Power/ACCCE or as modified or altered by America’s Power/ACCCE, and that all right, title and interest in and to all advertising, public statements produced hereunder and any and all materials produced in connection with the rights granted hereunder, including, but not limited to, ideas, creations, and other tangible and intangible materials, and including the copyrights therein, shall be and remain America’s Power/ACCCE’s sole and exclusive property.

 

I represent, warrant and affirm that I am the creator of My Submissions, that every part of My Submissions is original and are my own, and My Submissions have not been previously published, do not contain any material that would defame or otherwise violate or infringe upon the rights of any third party (including, without limitation, any patents, copyrights, trademarks, moral rights or rights of privacy or publicity), and will not violate any federal, state or local laws or ordinances. I further represent and warrant that I have secured the requisite consents from any third parties appearing or referenced in My Submission. To the extent permitted by applicable law, I hereby release and hold harmless and agree to defend and indemnify America’s Power/ACCCE, it heirs, legal representatives or assigns, and all persons functioning under America’s Power/ACCCE’s permission or authority, or those for whom America’s Power/ACCCE is functioning, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, reasonable attorneys’ fees) arising from any claim in connection with any breach of representation or warranty made by me herein, including, without limitation, any claim of intellectual property infringement or misappropriation, or violation of privacy or publicity rights, based on or resulting from the use of My Submissions in accordance with these terms.

 

I acknowledge that America’s Power/ACCCE, in its sole discretion, will choose whether to use any portion of My Submissions, and may choose not to use, and is not obligated to use, My Submissions, or any portion thereof. I hereby relinquish any right that I may have to examine, inspect or approve any such use. I agree that in no event shall America’s Power/ACCCE, it heirs, legal representatives or assigns, and all persons functioning under America’s Power/ACCCE’s permission or authority, or those for whom America’s Power/ACCCE is functioning, be liable for any damages whatsoever arising out of or related My Submissions, or publication, use or distribution of My Submissions or any portion thereof by America’s Power/ACCCE, including by virtue of any blurring, distortion, alteration, optical illusion, fault reproduction, or use in composite form, whether intentional or otherwise, that may occur or be produced, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, whether under contract, tort, or any other theory of liability (including any claims for libel or invasion of privacy or publicity), even if America’s Power/ACCCE is aware of the possibility of such damages.

 

I agree that the terms of this Release and License Agreement (“Agreement”) shall be construed in accordance with the laws of the District of Columbia and the forum for any dispute related to this Agreement shall be the District of Columbia. The terms of this Agreement are severable. No waiver by America’s Power/ACCCE of any right under this Agreement will be deemed to be a waiver of any other right or a waiver of the same right at any other time. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement. I hereby represent and warrant that I am eighteen years of age or such other older age as is required in my state of residence, that I am fully competent to agree to and execute this Agreement, and that no other agreements exist which conflict with or would otherwise serve to prevent me from granting the rights set forth herein. I understand that this Agreement is a binding contract, that I have read it and understand its terms and conditions and agree to be bound to them.