By making this submission to Start Garden to be considered as a candidate for The 100 competition, either by the employees of Start Garden or their assigned representatives, you acknowledge that you have read, understand, and agree with these terms. You hereby agree that any and all ideas, information and material submitted by you to Start Garden (the “Submission”) will be made available without restriction to the employees of Start Garden or their assigned representatives, whether or not in written, oral, electronic, or any other form and whether or not marked “Confidential.” The video recording uploaded to the Start Garden website by you in association with your Submission (the “Pitch”) will not be shared beyond Start Garden employees and their assigned representatives without permission from you, the submitter.
You hereby give your voluntary permission and consent to be photographed and recorded, through audio, video and/or other means, in connection with Start Garden. With the exclusion of the Pitch, you hereby grant to Start Garden the irrevocable, transferable right to use, and to authorize others to use, such photographs, recordings and statements in any form and your name, voice, image and likeness (collectively the “Material”) for advertising, promoting, and providing products and services offered by Start Garden, in audio, video, electronic, print or any other form of media. Start Garden may sell, edit, reproduce, create derivative works from, publish, display, perform, transmit and distribute (internally and externally) the Material or any portion of the Material in any form. You agree not to hold Start Garden, and their respective affiliates, partners, representatives, agents, employees, officers and directors, liable in any way. Any cause of action you may have with respect to your Submission must be commenced within one year after the claim or cause of action arises.
You hereby agree to defend, indemnify and hold harmless Start Garden, and its respective affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from and against any and all liabilities, losses, causes of action, claims, damages and expenses (including attorneys’ fees) arising out of or relating to (a) any use of the Submission; (b) any use of the Material, including, without limitation, any claim of invasion of privacy, misappropriation, slander or libel, (c) any disaffirmance of this consent and release by you, (d) your violation of any third party rights, including without limitation any copyright, property, or privacy right, or (e) any claim that your Submission caused damage to a third party. This defense and indemnification obligation will survive this agreement. Without limiting its other remedies, Start Garden may immediately discontinue, suspend, terminate, or block your and any user’s access to this site and the contest at any time, in our sole discretion.
Some linked sites are not under the control of Start Garden and Start Garden is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. Start Garden reserves the right to terminate any link or linking program at any time. Start Garden provides such links only as a convenience to you. Start Garden has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.
YOU EXPRESSLY AGREE THAT START GARDEN, AND ITS AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR PARTICIPATION IN THE 100 IDEAS CONTEST REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL START GARDEN, ITS JUDGES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE 100 CONTEST OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER START GARDEN, AND ITS AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You represent and warrant to Start Garden that (i) you are the sole author of the Submission; and (ii) the Submission does not and will not interfere with, infringe on, violate, or misappropriate any intellectual property or other proprietary right owned or possessed by any third party, including but not limited to any copyright, property, or privacy right.