This website owned and operated by El Rey Network LLC ("El Rey" or "we"). By submitting content ("Maker Content") to the ElReyNetwork.com website, you agree to be bound by the following additional terms and conditions:
1. Non USA Submissions
WHILE EL REY ACCEPTS MAKER CONTENT FROM PEOPLE WHO LIVE OUTSIDE OF THE UNITED STATES OF AMERICA, BY SUBMITTING MAKER CONTENT YOU ACKNOWLEDGE AND AGREE THAT: (A) EL REY’S WEBSITE IS BASED SOLELY IN THE UNITED STATES OF AMERICA; AND (B) EL REY’S WEBSITE IS DEEMED TO BE A PASSIVE WEBSITE THAT DOES NOT GIVE RISE TO PERSONAL JURISDICTION OVER EL REY, EITHER SPECIFIC OR GENERAL, IN JURISDICTIONS OTHER THAN THE UNITED STATES OF AMERICA. AS SUCH, BY SUBMITTING MAKER CONTENT YOU ARE SUBJECTING YOURSELF AND YOUR MAKER CONTENT TO THIS AGREEMENT, AS INTERPRETED AND ENFORCED IN ACCORDANCE WITH US COPYRIGHT LAW AND NEW YORK STATE LAW, AS MORE FULLY SET FORTH BELOW.
2. Age of Majority
Unless expressly otherwise stated, to be eligible to submit Maker Content to El Rey, you must be of the age of majority in your jurisdiction of legal residence and a registered user of El Rey.
3. Original Submissions Only
By making a submission to El Rey, you represent and warrant that: (a) your submission is voluntary and consensual; and (b) except in the case of original short films, feature films, and music that you submit (which are covered in Section 6 below), your submission is made without any condition or reservation of rights, including, without limitation, any condition of payment, attribution, secrecy or confidentiality; and (c) your submitted Maker Content contains no material that infringes upon any third-party right or violates any applicable law. You further agree that you will indemnify El Rey, and its affiliates, successors, licensees and assigns (collectively "Related Parties") against any and all claims arising out of your breach of any of your representations or warranties hereunder.
4. License Grant
By making a submission to El Rey, except in the case of original short films, feature films, and music that you submit (which are covered in Section 6 below), you grant to El Rey and Related Parties a non-exclusive, irrevocable, worldwide, perpetual, fully paid up and royalty-free, freely sublicensable, freely assignable and transferable (in whole or in part) license to use, copy, reproduce, store, archive, modify, excerpt, adapt, translate, create derivative works and compilations based upon, publicly perform, publicly display, exhibit, broadcast, stream, publish, distribute, and otherwise exploit, your submitted Maker Content, as well as your name, voice, likeness, performance, life stories, and biographical information contained in such Maker Content, as well as any and all ideas, concepts, facts, information, stories, know-how, and techniques embodied in your submitted Maker Content, in any and all formats and media now known or hereafter devised (including, without limitation, television, radio, theatrical, Internet, mobile, digital, electronic, and print media) and for any and all commercial and non-commercial purposes (including, without limitation, entertainment content development, production, broadcast, distribution, advertising, promotion, publicity, social media campaigns, merchandising, publishing, education, and charity). For the avoidance of doubt, without limiting the generality of the rights granted to El Rey and Related Parties, these rights include, without limitation, the right to distribute and synchronize all or any portion of your Maker Content in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your Maker Content; to encrypt, encode and decode, and compress and decompress all or any portion of your Maker Content; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your Maker Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your Maker Content; and to excerpt and/or extract portions of your Maker Content. The aforementioned licenses will continue and remain in full force and effect even if you subsequently terminate or cancel your account with El Rey or delete the submission from your account.
5. No Obligation to Compensate or Exploit
By making a submission to El Rey, you acknowledge and agree that: (a) your submission is not being made in confidence or in trust, and that, with the exception of original short films, feature films, and music that you submit (which are covered in Section 6 below), no contractual, fiduciary or confidential relationship of any kind (whether express or implied) is created between you and any of El Rey and Related Parties by reason of your submission; (b) El Rey and Related Parties are under no obligation whatsoever to use your submitted Maker Content for any purpose or in any manner, and any decision of use or non-use is entirely and solely at the discretion of El Rey and Related Parties; (c) if El Rey or Related Parties decide to use your submitted Maker Content for any purpose or in any manner, El Rey and Related Parties will have no obligation or liability to you whatsoever, and you will have no right or claim to any compensation, payment, credit, attribution, notice, approval or inspection of any kind whatsoever with respect to any use of your submitted Maker Content by El Rey and Related Parties, with the exception of original short films, feature films, and music that you submit (which are covered in Section 6 below); and (d) your submission is not returnable by El Rey and may be retained indefinitely by El Rey and Related Parties.
6. Feature and Short Films and Music
If you submit an original work that is not created to promote El Rey, and consists of a short film (defined as a film with a duration of less than twenty 20 minutes), a feature film, and/or a music composition (of any length), and El Rey decides that it wishes to publicly perform, publicly display, exhibit, broadcast, stream, publish, distribute, or otherwise exploit that work, El Rey will contact you and negotiate with you in good faith the terms and conditions of such desired exploitation. The terms and conditions may include, but are not limited to, right of exclusivity, right of first refusal, right to secondary uses, sequels, prequels, derivative works, translations, and adaptations.
7. Acknowledgement of Third Party Rights
By making a submission to El Rey, you acknowledge and agree that other persons, including, without limitation, El Rey’s employees and contractors, may have independently developed, or may hereafter independently develop content or material that is identical or substantially similar to your submitted Maker Content, and content or material that is identical or substantially similar to your submitted Maker Content may have already been, or may hereafter be, in the public domain.
By making a submission to El Rey, you further acknowledge and agree that, to the extent your submission includes any idea, concept, suggestion, design, drawing, image or artwork for a prospective name, trademark, service mark, title, logo, slogan, tagline, domain name, station or channel identification or other source identifier, El Rey and Related Parties will have unlimited and unrestricted right (with no obligation) to adopt, use, license, and register such name, mark, logo, slogan, tagline, domain name, station or channel identification or other source identifier (including any variation thereof) for and in connection with their businesses throughout the world in perpetuity, and will have sole ownership of all statutory and common law trademark rights and all associated goodwill resulting from such adoption, use, licensing and registration.
9. Waiver and Release / Moral Rights
By making a submission to El Rey, except as otherwise provided herein, you waive the right to assert against El Rey and Related Parties, and you release and forever discharge El Rey and Related Parties from, any and all claims and damages, known or unknown, based upon your submission or any use of your submitted Maker Content by El Rey and Related Parties, including, without limitation, claims and damages for copyright infringement, trademark infringement, invasion of privacy, violation of the right of publicity, defamation, libel, false light, unfair competition, unjust enrichment, idea theft, idea misappropriation, breach of implied contract, breach of fiduciary duty, and/or breach of confidence or trust. Additionally, by making a submission to El Rey, you hereby waive (in favor of El Rey) any moral rights in any Maker Content.
10. Right of Publicity
By making a submission to El Rey you hereby consent to the reproduction and use of any personal information contained in such Maker Content (including your name, voice, likeness, performance and biographical information) by El Rey for the purposes of exercising any licenses granted hereunder.
11. Disclaimer of Warranties
By making a submission to El Rey, you acknowledge and agree that El Rey makes no claim the Maker Content submission features of El Rey’s website or that any Maker Content is appropriate for any particular purpose or audience, or that any video, software or Maker Content submission features may be accessed, used or downloaded outside of the United States of America, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and El Rey’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.
14. Right to Amend
El Rey reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the El Rey website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by El Rey without restriction.
16. US Based Site
The El Rey website is controlled and offered by El Rey from its facilities in the United States of America. El Rey makes no representations that its website is appropriate or available for use in other locations. Those who access or use the El Rey website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
17. Dispute Resolution
18. Governing Law
This Agreement will be governed by, and construed in accordance with, US copyright law and the laws of the State of New York (without regard to its conflict of laws provisions).
19. Limitation of Actions
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE EL REY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.