For any content that you submit, you grant Delk, Inc. a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, sublicense, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You agree that Delk, Inc. may allow third parties, including Rivet Works, Inc., to use the content you submit for promotional purposes. You further agree that Delk, Inc. shall have the unrestricted right to use any ideas or information contained in any content that you submit, or materials or ideas similar to them, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You further release and waive all claims against Delk, Inc. with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under the governing law of the United States.
By submitting a photo or video, you agree that Delk, Inc. may contact you about your photo or video and for other administrative purposes. Delk, Inc. may share your submission, along with identifying information, with our third-party service providers. By submitting a photo or video, you agree that any information you submit may be directed to a third party site administered and hosted by a third party vendor, who may use such content for any lawful purpose.
Delk, Inc. DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PHOTO OR VIDEO SUBMISSION PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PHOTO AND VIDEO SUBMISSION PROCESS IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND Delk, Inc. DOES NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS.
Under no circumstances shall Delk, Inc. and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or inability to use, the photo and video submission process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the photo and video submission process, or any related website, even if Delk, Inc. has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.
You agree to indemnify and hold Delk, Inc. (and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Rivet Works, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.