Photo Submission Authorization & Release Agreement

Thank you for your interest in submitting photos or other media to Edgewater Hotel Company, LLC (“Edgewater”). This agreement governs your submission. In short, you agree that you own the copyright rights in your submission and that you have permission from all people appearing in your submission to submit it to Edgewater. You give Edgewater certain licenses to use your submission for promotional purposes as fully described below. We appreciate your interest and look forward to reviewing your submission.

Edgewater created the "Hall of Dreams" media wall and related media café to provide a forum for the display and recognition of photographs and other media (collectively, "photos"). Once uploaded, the photos submitted to the Hall of Dreams (each individually a "Submitted Photo," and collectively, "Submitted Photos") may be added to the Hall of Dreams and used in other promotional channels and materials.

By checking the box included on the Hall of Dreams’ photo submission website, you accept and agree (or if you are under eighteen (18) years of age, your parent or legal guardian accepts and agrees) to be bound by the terms and provisions of this Photo Submission Authorization and Release Agreement.

1. Eligible Users.

You must be thirteen (13) years of age or older to submit a photo for inclusion in the Hall of Dreams. If you are under eighteen (18) years of age but are at least thirteen (13) years of age, you may submit a photo only with the permission of, and under the supervision of, your parent or legal guardian. If you are a parent or legal guardian agreeing to this Photo Submission Authorization and Release for the benefit of an individual between the ages of thirteen (13) and eighteen (18), you understand that you are fully responsible for any of his or her Submitted Photos and/or any legal liability that he or she may incur.

2. Rules for Submitted Photos.

Edgewater reserves the right, in its sole discretion, to decide whether to post or use and/or to remove any Submitted Photos for any reason without any consent from or notice to you. Reasons for not posting or removal may include, but are not limited to, the following:

(a) The Submitted Photo is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

(b) The Submitted Photo infringes a patent, trademark, trade secret, copyright, or other proprietary right of any party.

(d) The Submitted Photo is off-topic or irrelevant to the Hall of Dreams.

(e) The Submitted Photo violates any term or provision of this Photo Submission Authorization and Release.

3. User Conduct and Reporting Violations.

You understand and agree (or if you are under eighteen (18) years of age, your parent or legal guardian understands and agrees) as follows:

(a) All Submitted Photos are the sole responsibility of the person who submitted such photo. This means that you, and not Edgewater, are entirely responsible for your Submitted Photo(s).

(b) You will promptly notify Edgewater if you discover that any of your Submitted Photos violates any of the terms and provisions of this Photo Submission Authorization and Release or is otherwise inappropriate.

If you believe that an individual or group has violated any of the terms and provisions of this Photo Submission Authorization and Release, please report the violation by email to [Edgewater contact email address].

4. Rights Granted.

Edgewater does not claim ownership of any Submitted Photo. However, with respect to your Submitted Photo(s), you grant (or if you are under eighteen (18) years of age, your parent or legal guardian grants) Edgewater and its affiliates, subsidiaries, licensees, and assigns a perpetual, worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display, create derivative works from, and otherwise exploit the Submitted Photo(s) in any and all media formats or channels, whether now known or hereafter created, without any payment and without further consent from or notice to you. You also consent (or if you are under eighteen (18) years of age, your parent or legal guardian consents) to Edgewater's use of your name, likeness, and/or biographical information for promotional and other purposes without additional compensation, except where prohibited by law. Without limiting any of the foregoing, you grant (or if you are under eighteen (18) years of age, your parent or legal guardian grants) Edgewater and its affiliates, subsidiaries, licensees, and assigns the right to include a copy of your Submitted Photo(s) in the Hall of Dreams, and you consent (or if you are under eighteen (18) years of age, your parent or legal guardian consents) to the use of your name, likeness, and/or biographical information in connection with the Hall of Dreams.

Other persons may download, print, or otherwise capture content posted on websites and use or exploit that content without authorization. Edgewater does not have any obligation to prevent the capture or subsequent use or exploitation of any Submitted Photo or any other content uploaded to its website or the Hall of Dreams.

5. Representations & Warranties.

You hereby represent and warrant (or if you are under eighteen (18) years of age, your parent or legal guardian represents and warrants) as follows:

(a) You are either (i) at least eighteen (18) years of age, and you are free to enter into this Photo Submission Authorization and Release; or (ii) you are over thirteen (13) years of age but under eighteen (18) years of age, and your parent or your legal guardian approves and agrees to the terms of this Photo Submission Authorization and Release and has given you permission to submit a photo. If you are a parent or legal guardian agreeing to this Photo Submission Authorization and Release for the benefit of an individual between the ages of thirteen (13) and eighteen (18), you understand that you are fully responsible for any of his or her Submitted Photos and/or any legal liability that he or she may incur.

(b) You are the sole legal copyright owner of your Submitted Photo(s).

(d) Any person shown in your Submitted Photo(s) (or if the person shown is under eighteen (18) years of age, the person’s parent or legal guardian) has granted you permission to use his or her image in the Submitted Photo(s) and to submit them to Edgewater for the uses described in this agreement.

(e) You have complied with all the rules contained in Section 2 above.

6. Indemnification, Release, Limitation of Liability, and Disclaimer of Warranties.

YOU AGREE (OR IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO INDEMNIFY, DEFEND, AND HOLD EDGEWATER AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, SPONSORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, SUPPLIERS, AND ASSIGNS (COLLECTIVELY “THE EDGEWATER PARTIES”) HARMLESS FROM AND AGAINST ANY CLAIMS, LOSSES, OBLIGATIONS, DEMANDS, DAMAGES, COSTS, LIABILITIES, CAUSES OF ACTION OF ANY NATURE, AND ATTORNEY’S FEES DUE TO OR ARISING OUT OF ANY OF YOUR SUBMITTED PHOTO(S), YOUR VIOLATION OF THIS PHOTO SUBMISSION AUTHORIZATION AND RELEASE, OR YOUR BREACH OF ANY REPRESENTATION OR WARRANTY CONTAINED IN SECTION 5 ABOVE.

IN NO EVENT WILL THE EDGEWATER PARTIES BE LIABLE TO YOU AND YOU HEREBY RELEASE ANY CLAIMS FOR ANY AND ALL LIABILITY ARISING FROM YOUR USE OF THE PHOTO SUBMISSION SERVICE OR THE EDGEWATER PARTIES’ USE OF YOUR SUBMITTED PHOTOS, UNDER THIS AGREEMENT OR IN CONNECTION WITH THE EDGEWATER PARTIES’ PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OR REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE EDGEWATER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

THE EDGEWATER PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR TO ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE PHOTO SUBMISSION SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE EDGEWATER PARTIES’ NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PHOTO SUBMISSION SERVICE OR THE EDGEWATER PARTIES’ USE OF YOUR SUBMITTED PHOTOS, (4) UNAUTHORIZED ACCESS TO OR USE OF THE EDGEWATER PARTIES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PHOTO SUBMISSION SERVICE BY ANY THIRD PARTY, AND/OR (6) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA EDGEWATER’S ONLINE PRESENCE, WEBSITE, HALL OF DREAMS, OR OTHER MEDIA CHANNELS AND MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE EDGEWATER PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THE EDGEWATER PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE EDGEWATER PARTIES RELATING TO THIS AGREEMENT OR THE USE BY THE EDGEWATER PARTIES OR OTHER LICENSED PARTIES OF YOUR SUBMITTED PHOTOS THAT MAY BE IMPLIED BY THIS AGREEMENT, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE EDGEWATER PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE HALL OF DREAMS OR OTHER MEDIA IT PRODUCES OR ON ANY WEBSITES OR APPS LINKED TO EDGEWATER’S WEBSITE OR HALL OF DREAMS IS ACCURATE, COMPLETE OR CURRENT.

THE EDGEWATER PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THIS AGREEMENT OR IN RELATION TO THE PHOTO SUBMISSION SERVICE OR THE EDGEWATER PARTIES’ USE OF SUBMITTED PHOTOS WILL BE LIMITED TO $50 USD.

BY ACCESSING THE PHOTO SUBMISSION SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, 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 ACKNOWLEDGE AND AGREE (OR IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOUR PARENT OR LEGAL GUARDIAN ACKNOWLEDGES AND AGREES) THAT (A) EDGEWATER IS UNDER NO OBLIGATION TO POST, DISPLAY, PUBLISH, OR OTHERWISE USE ANY SUBMITTED PHOTO; AND (B) EDGEWATER WILL NOT PAY YOU ANY ROYALTY OR OTHER COMPENSATION FOR YOUR SUBMITTED PHOTO(S). WITHOUT LIMITING THE FOREGOING, YOU ALSO ACKNOWLEDGE AND AGREE (OR IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOUR PARENT OR LEGAL GUARDIAN ACKNOWLEDGES AND AGREES) THAT THE DECISION TO PRODUCE AND DELIVER THE HALL OF DREAMS OR ANY OTHER USES OF THE SUBMITTED PHOTO(S) IS ENTIRELY AT EDGEWATER’S DISCRETION, AND EDGEWATER IS UNDER NO OBLIGATION TO PRODUCE AND/OR DELIVER THE HALL OF DREAMS OR TO USE ANY SUBMITTED PHOTO.

7. General Provisions.

(a) Entire Agreement. This Photo Submission Authorization and Release is the entire agreement concerning the subject hereof and supersedes any prior versions of this Photo Submission Authorization and Release, documents, correspondence, conversations, or other oral or written understandings between you and Edgewater related to the subject hereof.

(b) Choice of Law and Forum. This Photo Submission Authorization and Release shall be governed by and construed under the laws of the State of Wisconsin without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under the Photo Submission Authorization and Release shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the County of Dane, State of Wisconsin.

(c) Waiver and Severability of Terms. The failure of Edgewater to exercise or enforce any right or provision of this Photo Submission Authorization and Release shall not constitute a waiver of such right or provision. If any provision of this Photo Submission Authorization and Release is found to be unenforceable or invalid by a court of competent jurisdiction, the other provisions of the Photo Submission Authorization and Release shall remain in full force and effect. The section titles in this Photo Submission Authorization and Release are for convenience only and have no legal or contractual effect.

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