Submitting and Publication Privilege/Licensing Agreement/Release and Indemnity/Duty to Defend Agreement

1. You agree that in exchange for the privilege to submit and publish photographs and comments on SoTicked, you grant SoTicked a non-exclusive and royalty-free license to use the photographs and comments at So-Ticked’s sole discretion, for any purpose, anywhere and through any medium. This license shall be in existence for perpetuity, is fully assignable, and only SoTicked (including its successors and assigns) have the unilateral right to cancel the license. This license shall be in existence for perpetuity and only SoTicked, and its successors and assigns, possesses the unilateral right to cancel the license.

2. You agree that SoTicked posses the right to stop you from publishing a photograph(s) and/or comment(s) for any purpose whatsoever, including but not limited to, for violating applicable federal and state law and SoTicked’s policies. You agree that SoTicked possesses the right to remove any photographs and comments that violate applicable federal and state law. And you agree that SoTicked may modify or amend any comments for any purposes.

3. You agree that you will not violate federal or state law by submitting and publishing photographs and comments. If you have any questions about your legal liability from submitting and publishing photographs and comments, please seek guidance from a licensed attorney in your jurisdiction. And you agree to abide by SoTicked’s policies prohibiting users from submitting and publishing photographs and comments that are racial, depict nudity or use inappropriate language. SoTicked reserves the right to stop publishing, remove or modify photographs and comments on a case-by-case basis for any other reason.

4. You represent and warrant that a photograph(s) and comment(s) submitted and published by you on SoTicked are your original work, that you have sole ownership in and right to use a photograph(s) and comment(s) when you submit and publish same to SoTicked. You also represent that your sole ownership interest in and right to a photograph(s) and comment(s) is free and clear of any contrary claims of ownership, use privileges, license or free and clear of an claims by another (individual or entity) arising in tort and contract, whether in law or in equity, including but not limited to, misappropriation, conversion, plagiarism, misrepresentation and trademark/copyright infringement. Last, you represent that by publishing the photograph(s) and comment(s) you are not violating federal or state criminal law.

4.5. You agree that SoTicked reserves the right to terminate your right to use and post content to SoTicked if you are found to have knowingly infringed upon another’s copyright once or unknowingly on more than two separate instances. You are responsible to know and understand copyright law before you post content that does not belong to you.

5.6. You agree to indemnify and hold SoTicked harmless from and against all claims, lawsuits, actions, demands, petitions, liability, loss, damages and expenses, including all legal fees and costs, arising from, related to or in connection with your submitting and /or publication of a photograph(s) and comment(s) on SoTicked. You also agree to defend SoTicked by paying all of SoTicked’s, including all assigns and successors, legal fees and costs arising from any and all claims, lawsuits, actions, demands, petitions, liability, loss, damages and expenses, including all legal fees and costs, arising from, related to or in connection with your submittal and/or publication of the photograph(s) and comments on SoTicked. So Ticked expressly reserves the right to select its lawyer.