PETE HOLMES MATERIALS RELEASE
Please read this important information.
By emailing FanArt@PeteHolmes.com and submitting material, whether in the form of a photo, digital facsimile, license, text, video, animation, music or otherwise, to the Pete Holmes website (the "Material"), you hereby grant to Team Coco Digital and each of their parents, affiliates, subsidiaries, assigns, licensees (including, without limitation TBS), marketing partners, sponsors and legal representatives (collectively, "TCD") the irrevocable, perpetual, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, promote and advertise the Material (as such may be edited and modified by TCD in its discretion), or any portion thereof, through peteholmes.com, Pete Holmes satellite web and mobile offerings on third party social networks and any other products or services as TCD may designate, and any other Web sites not designated by TCD, in any medium now known or hereafter devised, online, on-air, or offline and by any means of delivery, for editorial, commercial, promotional and all other purposes.
You acknowledge and agree that the Material may be shown on any Web site, whether within or outside PeteHolmes.com and any digital extensions thereof, as well as broadcast on the television series currently entitled, “The Pete Holmes Show” on TBS (the “Series”). TCD is not obligated to include the Material in this or any program, and TCD reserves the right to remove the Material for any reason at its sole discretion. In addition, TCD cannot guarantee that technical difficulties will not occur during the upload of the Material or that the Material will upload successfully.
While you retain ownership of all right, title, and interest in the Material itself (other than Pete Holmes' name, likeness and image and any intellectual property owned by TCD, of course), you agree that TCD owns all right, title, and interest in any compilation, collective work, or other derivative work created by TCD using or incorporating the Material. You understand and agree that you do not have the right to make any commercial use of any kind of (a) the name, likeness or image of Pete Holmes and/or any cast members or performers of the Series; and (b) any trademarks, copyrights or other intellectual property owned by TCD, including but not limited to, Pete Holmes, Team Coco Digital, and/or any other trademarks, copyrights or other intellectual property now owned or hereafter owned by TCD (collectively, the “TCD IP”). You further understand and agree that you do not have the right to license the Material containing the TCD IP to any third party.You represent and warrant that:
- The Material does not and shall not infringe on any copyright or any other third-party right nor violate any applicable law or regulation.
- You have the right to grant any and all necessary rights and licenses provided herein, including, without limitation, all necessary copyright and other related rights to the Material, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity.
In consideration for the potential use of the Material, you hereby release and hold TCD harmless from and against any claims, demands, damages, debts, liabilities, obligations, costs, expenses, liens, actions, causes, and causes of action, of every kind of nature whatever, at law or in equity, known or unknown, suspected or unsuspected, which you ever had, now have or hereafter shall have or may have in any way arising out of, in connection with, this Release and TCD's use of the Material (including without limitation, those based upon defamation, invasion of privacy, right of publicity copyright, trademark or any other personal and/or property rights). You waive any right to inspect or approve uses of the Material or to be compensated for any such uses.
You are familiar with Section 1542 of the Civil Code of the State of California (“Section 1542”), which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You waive and relinquish any right and benefit which you may have under Section 1542 and any similar laws of any state or territory of the United States or other jurisdictions to the extent that you may lawfully do so in connection with the subject matter hereof.
You hereby represent and warrant that you are at least 18 years of age and that you have read this release and are fully familiar with its contents.
You understand and agree that you are entering into this license electronically, which will have the same force and effect as a license agreement in writing. Your affirmative act by emailing FanArt@peteholmes.com and submitting your Material constitutes your electronic signature to this license.