Intellectual Property

All Apps submitted to The mPathy™ Project by you, and the intellectual property rights in any such Apps, will remain your property subject to the licenses and conditions described below.

By submitting an App, to The mPathy™ Project the Participant warrants and represents that she/he owns all of the intellectual and industrial property rights in and to the App, and the App does not contain any third party copyrighted materials, and otherwise does not violate or infringe the rights, including, without limitation, copyrights, trademark rights or rights of publicity/privacy, of any third party.

As a condition of entry, the Participant grants WebServes, The mPathy™ Project convener, and their designees a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, reproduce, exploit, adapt, create derivative works from, and advertise, display, demonstrate, or otherwise promote any entry or App that Participant submits. If an App is selected by an The mPathy™ Project Host, the Participant also grants the relevant Host a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, reproduce, publicly perform, publicly display and create a derivative work from, the App for the Host’s non-commercial, charitable purposes. Participant represents and warrants that he/she: (a) has the right to make a Submission as contemplated hereunder without the need of any consent of any third party; (b) Will abide by these Terms and Conditions and all applicable laws and regulations; (c) If Participant is a Team Leader, that Participant has the full right and authority to make the Submission and to agree to accept and abide by these Terms and Conditions on behalf of the Team, and that each Team member will abide by these Terms and Conditions; and (d) Participant is under no obligation or disability, created by law or otherwise, which would in any manner or to any extent prevent or restrict making a Submission or becoming a Winner.

Publicity

By entering The mPathy™ Project, each Participant grants to WebServes and their designees the irrevocable, royalty-free right to publish, disseminate and use the Participant’s name, likeness and biographical information (and in the event of a Team, the name, likeness and biographical information each member of said Team) without further notice or consideration, in perpetuity, throughout the world, in all media and formats now known or hereafter invented, in connection with the execution and promotion of The mPathy™ Project and the promotion of WebServes, Sponsors and Hosts and their activities. In addition, by entering The mPathy™ Project, each Participant grants to WebServes and their designees, Sponsors and Hosts a nonexclusive, irrevocable, royalty-free license to reproduce, exploit, adapt, use and display worldwide, in perpetuity, throughout the world, in all media and formats now known or hereafter invented, information about the Submission and all components thereof, including without limitation posting information about the Submission on The mPathy™ Project Site (or such other designated on-line environment), in connection with the execution and promotion of The mPathy™ Project and the promotion of WebServes, Sponsors and Hosts and their activities, without further notice or compensation.

General Terms and Conditions

These Terms and Conditions shall be governed by and interpreted under the laws of the State of New York without regard to conflicts of laws provisions. Applicant hereby agrees that any and all disputes claims, causes of action or controversies arising out of or in connection with The mPathy™ Project or these Terms and Conditions shall be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, NY. By entering, each Participant irrevocably waives any right to seek and/or obtain rescission and/or equitable and/or injunctive relief.

By submitting an entry, each Participant (including each Team member, with respect to Participants who are Teams) agrees to indemnify, hold harmless and defend WebServes, Sponsors and Hosts, affiliates, subsidiaries, successors and assigns, and each of their trustees, officers, employees and agents (all of the foregoing, “The mPathy™ Project Parties”), from and against the full amount of all claims, liabilities, actions, suits, proceedings, assessments, judgments, decrees, losses, fees, damages, settlement funds, and associated costs and expenses including attorney’s fees arising from or in connection with the Participant’s participation, any use by “The mPathy™ Project Parties” of the Participant’s Submission and/or the exercise by “The mPathy™ Project Parties” of any rights granted to it herein, including without limitation claims based on rights of privacy, rights of publicity, false light, defamation, copyright, patent and/or trademark infringement relating to the Participant’s Submission. Notwithstanding anything herein to the contrary, in the event of any claim by a third party affecting or relating to the Submission, “The mPathy™ Project Parties” shall have, in addition to any other rights available to it, at law or in equity, the right to immediately revoke any prize.

Notwithstanding anything to the contrary, in no event will any of “The mPathy™ Project Parties” be liable to the Participant or any third Party for special, incidental or consequential damages, loss of revenues, lost profits, lost capital or overhead, whether based on breach of contract, tort (including negligence) or otherwise, whether or not “The mPathy™ Project Parties” have been advised of the possibility of such damages.

By submitting an entry, each participant (including each Team member, with respect to Participants who are Teams) releases each of “The mPathy™ Project Parties” from and against the full amount of all claims, liabilities, actions, suits, proceedings, assessments, judgments, decrees, losses, fees, damages, settlement funds, and associated costs and expenses including attorney’s fees arising from or in connection with the participant’s participation in The mPathy™ Project, any use by “The mPathy™ Project Parties” of the Participant’s Submission and/or the exercise by “The mPathy™ Project Parties” of any rights granted to it herein, including without limitation claims based on rights of privacy, rights of publicity, false light, defamation, copyright, patent and/or trademark infringement relating to the Participant’s Submission and claims for injury, loss or damage of any kind resulting from the Participant’s participation in The mPathy™ Project or acceptance or use of any prize.