SUBMISSION TERMS

These Submission Terms are a legally-binding agreement between you and Kaleidoscope VR Inc. (referred to as “we,” “us” or “Kaleidoscope”).  Please review carefully.  By submitting your project to us, you agree to these Submission Terms.

SUMMARY

1.) We will review your project internally and not disclose any information about you or your project to the public or third parties.

2.) You will continue to be the owner of your project.  By submitting your project for us to review, you do not give up any rights to your project.

3.) You agree that you have all necessary rights to submit your project to us for internal review.  You will indemnify us for any claims or liability relating to your project.

SUBMISSION OF YOUR PROJECT

You are submitting your project for consideration to be developed and produced in partnership with Kaleidoscope.  Any future relationship between you, your project, and Kaleidoscope will be based on terms mutually agreed to between you and Kaleidoscope under a separate agreement in writing.  By submitting your project, you understand and agree that Kaleidoscope has no obligation to you or your project.  You further understand and agree that Kaleidoscope has no obligation to compensate you or any third parties, including any payments or royalties.  The submission of your project to Kaleidoscope for review does not constitute a joint venture or partnership between you and Kaleidoscope. Neither you nor Kaleidoscope will have the right to bind the other in any manner.

YOUR CONTINUING OWNERSHIP
OF THE PROJECT

Please note that nothing in these Submission Terms gives Kaleidoscope any ownership rights in your project.  You acknowledge that Kaleidoscope may from time to time develop its own projects, which may be similar to your project in theme, plot, format or in other ways.

You agree to irrevocably and forever waive any legal claim you may have under any theory of law in any territory, including, without limitation, copyright infringement or breach of implied in fact contract (idea submission), that your rights were infringed due to any similarity between your project and any other project that is or may become available to Kaleidoscope, unless there is substantial similarity of protectable expression under United States copyright law between your project and the other project and the other project includes a verbatim copy of a material portion of your project.

You agree that your project is an original work entirely created by you, or if not that you have obtained all necessary rights and licenses to represent the project.  You have obtained any necessary clearances relating to any content (including any music) and from any persons appearing in the project.  You will indemnify, defend and hold harmless Kaleidoscope and its officers, directors, shareholders and business partners from any claims of any nature relating to your project or Kaleidoscope’s use of the media you submit.

GENERAL

You and Kaleidoscope agree that any dispute or claim between us relating in any way to these Submission Terms, your project, our events, or our use of items provided above will be resolved by binding arbitration, rather than in court.  However, you may assert claims in small claims court if your claims qualify.  The American Arbitration Association will conduct the arbitration, pursuant to its Commercial Arbitration Rules, in San Francisco, California, USA.  The Federal Arbitration Act and federal arbitration law apply to this agreement.  You and Kaleidoscope will share the arbitration costs (other than attorneys’ fees); however, the arbitrator may allocate such costs as part of the arbitration award.

These Submission Terms are governed by the laws of the State of California, USA, without reference to choice of laws principles.  If despite the previous paragraph any dispute between us should be subject to court litigation, you and Kaleidoscope agree and submit to the exclusive jurisdiction of the state and federal courts with jurisdiction over San Francisco, California.  The prevailing party in any dispute arising out of or relating to these Submission Terms (including a dispute submitted to arbitration) will be entitled to its costs and reasonable attorneys’ fees.

These Submission Terms are the entire agreement between you and Kaleidoscope and may only be modified in writing.