By submitting content, you are confirming your agreement and acceptance of the following terms and conditions with respect to the contributed audio, music, video, graphics, images and related content, or any portion thereof (Contributed Content):
You hereby grant the New York State Department of Economic Development (“DED”), the New York State Urban Development Corporation d/b/a Empire State Development (“ESD”) and the State of New York, its authorized agents, designees, licensees, vendors, successors and assigns the non-exclusive, worldwide, royalty-free, right and license to use, reproduce, distribute, display, exhibit or to authorize others use of the Contributed Content at any time and for any purpose, and to use the same in any medium, and in any form, including but not limited to, print, electronic, or digital, for any purpose, including but not limited to, the promotion of New York State or any commercial or other purpose. You represent and warrant that: (i) the Contributed Content does not violate any applicable laws or regulations, including without limitation any third party copyright, trademark or other intellectual property right; (ii) you are the sole and exclusive owner of all right, title and interest in and to the Contributed Content and there is no contract, option or any other right of any person, now or at any time in the future, that may prohibit you from granting this license to DED, ESD and the State of New York; (iii) you are 18 years of age or older; and (iv) you have all necessary permissions and releases for the use of any names, trademarks, logos, uniforms, designs, audio, music video, graphics, works, or images of any person depicted, in the Contributed Content. You hereby release and discharge DED, ESD and the State of New York, and its respective agents, designees, licensees, vendors, successors, assigns, officers, directors, employees, from any and all claims, demands, liabilities or expenses that you may now or hereafter have or incur by reason of the exhibition, distribution or use of the Contributed Content. You agree to defend, indemnify and hold DED, ESD and the State of New York and their respective agents, designees, licensees, vendors, successors, assigns, officers and employees harmless from any and all damages, claims, liabilities, losses, suits, damage costs, or expenses arising out of or relating to: (i) a breach by you of a warranty, representation, covenant or agreement made herein; (ii) infringement of the rights or property of a third party; or (iii) your acts or omission. This license grant shall be governed and construed in accordance with the laws of the State of New York, irrespective of conflict of laws principles, and you agree that any and all claims asserted by or against DED, ESD or the State of New York arising under this Agreement or related thereto shall be heard and determined in a federal or state court located in the State of New York.