These are templates you can use for your outsourcing.
If you hired a lawyer, they’d be hundreds – if not thousands – of dollars.
I am not a lawyer and can’t give you legal advice. Feel free to use this as a TEMPLATE for when people give you content that you are getting the rights to.
LEGAL AGREEMENT TEMPLATE FOR CONTENT SUBMISSION:
By agreeing to submit your content without restriction, you are indicating your consent to and acceptance of the terms of this Agreement. If you do not agree with the terms of this Agreement, please do not submit your content.
This Agreement describes the legal relationship between you (referred to in this Agreement as “you” or “user”) and [Company] (referred to in this Agreement as “we,” “us” or “Company”) relating to any content that you post, upload, or submit to us. Please read this document carefully.
Your Personal Information
Our works and products are intended for your personal use only. Other than content that you submit in accordance with the terms of this Agreement, all of our content, including but not limited to, graphics, text, design, buttons, logos, images, and icons are the sole property of Company or its third party content providers.
Third Party Content
You acknowledge that we include postings, messages, text, files, images, graphics, photos, audio, video, or other materials (the “Content”), which have been provided by third parties.
You may submit Content provided you do so in accordance with the Submission Rules below. You accept entire responsibility for all Content that you submit to, transmit through, link through, or otherwise make available through us. For all Content that you submit to us, you agree to indemnify us as provided below.
By submitting Content, you grant us a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce, and create derivative works from such Content, in any form, media (print, electronic or otherwise), software or technology of any kind now existing or developed in the future.
Representations and Warranties
By uploading or otherwise submitting any Content to us, you represent and warrant that (a) you own or otherwise have all necessary rights, including but not limited to copyrights, to the Content and have the right to use it as provided in this Agreement; (b) all information submitted by you is true, accurate, current and complete, and does not violate this Agreement; (c) you have the full right, power and authority to enter into and perform this Agreement, and have secured all third party consents, licenses, waivers and permissions necessary to enter into and perform this Agreement, including, without limitation, waivers of rights of privacy, publicity and personality from any third parties whose names, likenesses, photographs, animated portrayals, or actual or imitated voices are depicted in the Content; (d) we shall not be required to make any payments with respect to the authorized use of any Content submitted by you, including, without limitation, any payments to you, third parties claiming rights through you or otherwise, publishers, rights agents, performance rights societies, persons who contributed to or whose names, likeness, photographs, animated portrayals or actual or imitated voices appear in such Content, your licensors, unions or guilds; and (e) the Content submitted by you will not (i) infringe upon or misappropriate any rights of others, including, without limitation, any copyrights, trademarks, trade secrets or other intellectual property rights, rights of publicity, rights of privacy, moral rights or any other proprietary rights of third parties, (ii) violate any applicable law, statute, ordinance or regulation, (iii) be defamatory, trade libelous, trademark disparaging, fraudulent, harassing, abusive, threatening, harmful, lewd, pornographic or obscene, iv) disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to facilitate any unauthorized access to any portion of their computer systems, servers or networks; (v) transmit junk mail, chain letters, or other unsolicited bulk e-mail, spam or duplicative messages to other users; (vi) collect information about other users without their consent or otherwise systematically extract data or data fields, including, without limitation, any financial data or e-mail addresses, from our computer systems without our consent; or (vii) contain any viruses, trojan horses, time bombs or other programming routines or elements that detrimentally interfere with computer systems or data. You agree that, upon request, you will provide us with evidence, in a form and format reasonably acceptable to us, indicating that the Content submitted by you complies with the foregoing warranties.
You agree to indemnify and hold us harmless from and against any and all claims, suits, liabilities, obligations, damages, injuries, penalties, fines, losses, costs and expenses (including, without limitation, attorneys’ fees) arising out of, resulting from or related to any breach of the foregoing representations and warranties. This obligation shall survive the termination of this Agreement for any reason.
We cannot and do not monitor all of the material submitted to us. Additionally, we do not control, and are not responsible for, Content submitted by users.
Notwithstanding the foregoing, you acknowledge that we shall have the right (but not the obligation) to review any Content that you have submitted to us, and to reject, delete, disable, or remove any Content that we determine, in our sole discretion, (a) does not comply with the terms and conditions of this Agreement; (b) might violate any law, infringe upon any rights of third parties, or subject us to liability for any reason; or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable, or remove any Content at any time, for the reasons set forth above, for any other reason, or for no reason.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOU ARE WORKING WITH US AT YOUR OWN RISK.
WE MAKE NO WARRANTY THAT OUR CONTENT WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. ALL CONTENT, INFORMATION, AND OTHER MATERIAL
IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE MAKE NO ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE TIMELINESS, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, OR OTHER MATERIAL THAT WE PROVIDE.
Limitation of Liability
You agree that we will not be liable for any consequential, indirect, special, exemplary, or incidental damages arising out of or in connection with your use of or inability to use our services (including, without limitation, any damages for lost profits or business interruption), or for any claim made against you by any other party, whether arising from mistakes, omissions, interruptions, deletion of files or e-mails, errors, defects, viruses or other malicious code, delays in operation or transmission, or any failure of performance, even if we have been advised of the possibility of such damages. You also agree that under no circumstances will we be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content submitted, posted, emailed or otherwise made available through us.
Notice: You may not submit Content if you are under the age of 13. By submitting Content to us, you represent that you are age 13 or older.
You agree not to submit Content: