A. SUBMITTED/UPLOADED CONTENT
You agree that by uploading, posting or otherwise submitting any User Content materials to any content generating or submitting Service or page on a MINT MARKETING EXPERIENCE INC. Site including, without limitation, to any live chat, commenting application, forum, social media application/page literary and/or dramatic content upload Service, music upload Service, reporting/blogging Service, criticism, review or opinion upload Service, any contest page, or any image, photograph or other visual art-form upload Service, you are agreeing to the applicable Submission Release Terms and Conditions linked here for your reference.
For any photo that may be uploaded, please refer to the following Photo Submission License, Release and Waiver (Schedule "B" below). For all other User Content (Writing, graphic design) please refer to the following Submission License, Release and Waiver (Schedule "C" below). Each of the Music Submission License, Release and Waiver, the Photo Submission License, Release and Waiver and the Submitter Content License, Release and Waiver are hereby incorporated by reference into these Terms and Conditions. PLEASE READ THE APPLICABLE SUBMISSION RELEASE TERMS AND CONDITIONS BEFORE POSTING, UPLOADING, OR OTHERWISE SUBMITTING ANY CONTENT WHATSOEVER TO MINT MARKETING EXPERIENCE INC. SITE OR SERVICE. ANY SUCH POSTING, UPLOADING, OR OTHER SUBMISSION OF CONTENT TO A MINT MARKETING EXPERIENCE INC. SITE OR SERVICE WILL INDICATE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE APPLICABLE SUBMISSION RELEASE TERMS AND CONDITIONS.
WITHOUT LIMITING THE GENERALITY OF THE SUBMISSION RELEASE TERMS AND CONDITIONS, UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY USER CONTENT OR RELATED MATERIAL TO MINT MARKETING EXPERIENCE INC. BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. EXCEPT IN RESPECT OF MUSIC (WHICH USE SHALL BE GOVERNED BY THE MUSIC SUBMISSION LICENSE, RELEASE AND WAIVER) BY SUBMITTING USER CONTENT OR ANY RELATED MATERIAL TO MINT MARKETING EXPERIENCE INC., AND WARRANTING TO MINT MARKETING EXPERIENCE INC. THAT THE USER CONTENT (AND ALL PARTS OF IT) OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE USER CONTENT OR ANY RELATED MATERIAL AND THAT MINT MARKETING EXPERIENCE INC. IS FREE TO IMPLEMENT, PUBLISH, DISTRIBUTE, REPRODUCE, COMMUNICATE (AND AUTHORIZE THE COMMUNICATION OF), TRANSMIT, MODIFY AND OTHERWISE EXPLOIT THE USER CONTENT (INCLUDING ANY IDEA AND/OR SUGGESTION) AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY MINT MARKETING EXPERIENCE INC., WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
SCHEDULE "B"
PHOTO SUBMISSION LICENCE, RELEASE AND WAIVER
Please note that we cannot publish your photographic materials or images ("Photos") if you do not own all rights in them, and have permission from those who may appear in your Photos to publish the Photos. If you decide at any time that you no longer want us to use your Photos pursuant to this license, simply send us a written request to the Attention of: Rights Manager - MINT MARKETING EXPERIENCE INC. at 1607 13th Street, Brandon, MB R7A 4S7. In consideration of MINT MARKETING EXPERIENCE INC.'s agreement to allow you to post, e-mail, transmit, upload or otherwise submit any Photo to the MINT MARKETING EXPERIENCE INC. or Services and, possibly, to review, and potentially publish any such materials submitted to MINT MARKETING EXPERIENCE INC. by you, and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with MINT MARKETING EXPERIENCE INC. as follows.
You grant to MINT MARKETING EXPERIENCE INC., a non-exclusive and royalty-free right and license, (but not the obligation), in perpetuity throughout the world, to use, reproduce, store, transmit, communicate the Photo in whole or in part, or any part thereof,
on any MINT MARKETING EXPERIENCE INC. Site now existing or to be created (including, without limitation, internet web pages located at the domain name MINT , and its related and successor websites) and however configured for any electronic distribution platform or device whether fixed or mobile (whether now known or to be devised and including, without limitation, phones, personal digital assistant, pagers and other wireless enabled devices and applications); and
in any newsletter (including but not limited to print and Digital Editions of such newsletters) owned or operated by MINT MARKETING EXPERIENCE INC. Network Inc. and/or its affiliates, related companies, unaffiliated partners and/or licensees, successors or assigns, for the purpose of promoting your Photo and its submission to the MINT MARKETING EXPERIENCE INC. Sites. You irrevocably waive, in MINT MARKETING EXPERIENCE INC.'s favour any and all so-called "moral rights" in connection with your Photo. You grant these rights and this waiver to MINT MARKETING EXPERIENCE INC. free of charge.
You represent and warrant that:
you own or control all of the rights in and to your Photo. The rights granted to MINT MARKETING EXPERIENCE INC. in this license, the Photo and every one of its component elements are, wholly original with you and not copied in whole or in part from any other work, and/or you have obtained all necessary rights or licences in order to authorize use of your Photo for the above purposes;
You have the right to grant to MINT MARKETING EXPERIENCE INC. the rights granted to use in this license. No further permissions, consents or payments are required from or to, any third party in connection with the use by MINT MARKETING EXPERIENCE INC. of the rights granted hereunder, there is (and will not be) any agreement with a third party that may in any way interfere with MINT MARKETING EXPERIENCE INC.'s rights under this license, and such rights are and shall be free and clear of any and all claims, rights and obligations whatsoever;
this license, and the Photo shall not be subject to the jurisdiction of any guild, organization, corporation or collective in any jurisdiction and no additional payment, royalties, or consent of any party are required in connection with MINT MARKETING EXPERIENCE INC.'s exercise of the rights granted in this license. Without limiting what you have represented to above, you have not previously assigned any or all of the rights in and to the Photo to any guild, organization, corporation or collective or other person or entity whatsoever; and
you are a resident of Canada.
MINT MARKETING EXPERIENCE INC. is the sole owner of all rights (including copyright) of the MINT MARKETING EXPERIENCE INC. Sites and in this capacity shall have the right to use the Photo in any manner in its sole discretion within the terms of this license, including, but not limited to the right to edit your Photo to accommodate publication requirements; and to add to, delete from, edit, alter and otherwise combine the content with any other content in any manner and in any media whatsoever.
You expressly and irrevocably release and forever discharge MINT MARKETING EXPERIENCE INC., its parent, subsidiary, affiliated and associated companies, and their directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of, MINT MARKETING EXPERIENCE INC.'s exercise of its rights in this license, release and waiver.
You hereby agree to indemnify and hold harmless MINT MARKETING EXPERIENCE INC., its partners, their parent, affiliated and related companies, and all of their respective individual shareholders, directors, officers, employees, licensees and assigns from and against any claims, actions, losses and expenses (including legal expenses) occasioned by any breach of your representations and warranties or any other provision of this license, release and waiver.
You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against MINT MARKETING EXPERIENCE INC., all of which such rights are hereby expressly and irrevocably waived by you in favour of MINT MARKETING EXPERIENCE INC.
You acknowledge having obtained independent legal advice in connection with this license, release and waiver, failing which, you shall be deemed to have voluntarily waived the right to seek such independent legal advice.
Certain portions of the MINT MARKETING EXPERIENCE INC. Site may run specific Photo submission campaigns, promotions or contests which envision reproduction of your photos in other publications or media. Certain portions of the MINT MARKETING EXPERIENCE INC. Site may also provide services to which you may upload your Photos for private viewing only (including but not limited to access by password and/or secure link only). In addition to the general Terms and Conditions for MINT MARKETING EXPERIENCE INC. Sites (including the Licence, Release and Waiver terms for Music, Photos and User Content incorporated therein), any specific terms and conditions of those services, campaigns, promotions or contests shall apply to those Photo submissions and are incorporated into this licence. To the extent that there is conflict between the provisions of those specific terms, this licence and the general Terms and Conditions for MINT MARKETING EXPERIENCE INC. Sites, the provisions of the specific terms and conditions of those Photo services, campaigns, promotions or contests shall apply. Except as otherwise defined in this license or in any specific terms and conditions of a Photo submission opportunity, any capitalized terms shall have the meanings given to such terms in the general Terms and Conditions.
SCHEDULE "C"
SUBMITTER CONTENT (Writing, graphic design) SUBMISSION LICENCE, RELEASE AND WAIVER
In consideration of MINT MARKETING EXPERIENCE INC.'s agreement to allow you to post, e-mail, transmit, upload or otherwise submit any User Content materials to the MINT MARKETING EXPERIENCE INC. Sites or Services and, possibly, to review, and potentially publish any such materials submitted to MINT MARKETING EXPERIENCE INC. by you, and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with MINT MARKETING EXPERIENCE INC. as follows.
You acknowledge that:
by posting, e-mailing, transmitting, uploading or otherwise submitting any User Content to any MINT MARKETING EXPERIENCE INC. Sites or Services, you hereby irrevocably grant and assign to MINT MARKETING EXPERIENCE INC. the unlimited right and licence, for the full term of copyright or any extension thereof, to copy, adapt, transmit, communicate, public display and perform, distribute and create compilations and derivative works from such User Content, and to publish, reproduce and otherwise use and exploit the User Content in any manner and in any and all media, whether now known or hereafter devised, throughout the world, without further compensation. MINT MARKETING EXPERIENCE INC. shall be entitled to edit the User Content, and you hereby waive in favour of MINT MARKETING EXPERIENCE INC. and its assigns, all "moral rights" in and to the User Content. Nothing herein shall obligate MINT MARKETING EXPERIENCE INC. to use or publish the User Content in any manner. The rights granted hereunder may be freely assigned or sub-licensed by MINT MARKETING EXPERIENCE INC. to any third party.
MINT MARKETING EXPERIENCE INC. receives numerous submissions of ideas, stories and other materials from other sources and, in addition, MINT MARKETING EXPERIENCE INC. creates, and/or commissions others to create on MINT MARKETING EXPERIENCE INC.'s behalf, such materials (collectively the "MINT MARKETING EXPERIENCE INC. Materials"). The subject matter and substance and/or other elements (collectively the "Elements") contained in the MINT MARKETING EXPERIENCE INC. Materials may be similar to those contained in the User Content submitted by you. You expressly and irrevocably understand, acknowledge and agree that MINT MARKETING EXPERIENCE INC. is accepting the User Content at your request, which request was and is deemed to have been made by you after having been advised by MINT MARKETING EXPERIENCE INC. that there are or may be pre-existing MINT MARKETING EXPERIENCE INC. Materials which may have one or more Elements similar, or substantially similar, to those found in the User Content;
MINT MARKETING EXPERIENCE INC. shall be entitled to use the User Content you submit to MINT MARKETING EXPERIENCE INC. without compensation or obligation to you (unless an official proposal and acceptance by MINT MARKETING EXPERIENCE INC. has been made in writing); and
There is no relationship of any type created, including without limitation any agency, or fiduciary relationship, as between you and MINT MARKETING EXPERIENCE INC., by virtue of the submission by you of the User Content to MINT MARKETING EXPERIENCE INC. hereunder.
You hereby expressly and irrevocably release and forever discharge MINT MARKETING EXPERIENCE INC., its parent, subsidiary, affiliated and associated companies, and their directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of, MINT MARKETING EXPERIENCE INC.'s use of the User Content.
You represent and warrant that:
the User Content you submit, and each and every of its component elements, are wholly original with you and not copied in whole or part from any other work;
you have the full and complete right to grant the permissions given hereunder to MINT MARKETING EXPERIENCE INC., and that no further permissions are required from, nor payments required to be made to any third party in connection with the use by MINT MARKETING EXPERIENCE INC. of the User Content as contemplated herein; and
the User Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or company, or violate any law or judicial or governmental order.
You hereby agree to indemnify and hold harmless MINT MARKETING EXPERIENCE INC., its partners, co-producers, financiers and distributors, their parent, affiliated and related companies, and all of their respective individual shareholders, directors, officers, employees, licensees and assigns from and against any claims, actions, losses and expenses (including legal expenses) occasioned by any breach of your representations and warranties or any other provision of this license, release and waiver.
You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against MINT MARKETING EXPERIENCE INC., all of which such rights are hereby expressly and irrevocably waived by you in favour of MINT MARKETING EXPERIENCE INC..
You acknowledge having obtained independent legal advice in connection with this license, release and waiver, failing which, you shall be deemed to have voluntarily waived the right to seek such independent legal advice.
Except to the extent that they conflict with the license, release and waiver terms of the upload of your Music, Photos, and/or User Content, the general Terms and Conditions for use of the MINT MARKETING EXPERIENCE INC. Sites are also applicable to your submission of User Content and such Terms and Conditions are incorporated into this license. If those general Terms and Conditions conflict with the terms and conditions of this license, release and waiver, this license, release and waiver will govern. Except as otherwise defined in this license, any capitalized terms shall have the meanings given to such terms in the general Terms and Conditions.