MEMBER LICENSE AGREEMENT AND WAIVER & RELEASE
THE ANT PROJECT®
MEMBER LICENSE AGREEMENT AND WAIVER & RELEASE
As a condition to my participation in The ANT Project®, an online studio, located at http://antproject.com (“The ANT Project® Platform”), am executing and submitting this license agreement and waiver and release (hereinafter, “License, Waiver and Release”) to THE ANT PROJECT INC, located at 14912 S.W. 74th Place, Palmetto Bay, Florida, 33158.
PROJECT DESCRIPTION: THE ANT PROJECT INC is a non-profit organization that hosts The ANT Project® Platform, which fosters interaction among creators along their creative process. Following the organization of an ant colony, The ANT Project® Platform emulates an interconnected system where the members, owning their own individuality, interact by responding to each other’s work.
The content of the interactions is the source of nourishment for the whole community. The responses will shape the voice of both the individuals and the community as a whole, creating a fertile ground for new projects, exhibitions, workshops, and publications.
Members of The ANT Project® Platform will set up an online studio. They will be able to upload up works that will be visible online and receive responses from other members. They will also be able to respond to other creators’ works. The responses will form the core of a self-organizing community of creators. The aim of The ANT Project® Platform is to strengthen both the creators’ personal practice and the community’s public presence.
MEMBER LICENSE AGREEMENT: For good and valuable consideration, including, but not limited to, participation in The ANT Project® Platform, I, as a Member, hereby grant to THE ANT PROJECT INC, its successors and assigns, in perpetuity, a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform, sell or display, translate, and create derivative works of the content I share, post, or upload to The ANT Project® Platform, including works of art, photographs and videos of the works of art, and responses and commentary I share regarding my works of art and the works of others (collectively, the “Works”), on or in connection with The ANT Project® Platform. This means, for example, that if I share the Works on The ANT Project® Platform, I give THE ANT PROJECT INC permission to store, copy, and share it with others, and without limitation, such as service providers that support The ANT Project® Platform, or other THE ANT PROJECT INC products and services, including, but not limited to, print art catalogues and magazines, art galleries, workshops, and art exhibitions, promotional materials, and on other goods.
I agree to share, post, or upload only original Works that I alone have authored. I will not upload Works of others. I covenant not to sue, or proceed in any manner, now or in the future, in agency or other proceedings, whether at law, in equity, by way of administrative hearing, or otherwise, to solicit others to institute such actions or proceedings, or consent to be a complainant in any civil action or proceeding, against THE ANT PROJECT INC or its heirs, legal representatives, officers, directors, employees, agents, successors, assigns or customers, because of, or arising out of, this License, Waiver and Release, or based on any use of the Works in the future.
I give THE ANT PROJECT INC permission to use the Works, my name, platform handle, and profile picture and information about actions I have taken on The ANT Project® Platform without any compensation to me.
WAIVER & RELEASE: As a condition to and in consideration for my being permitted to participate in The ANT Project® Platform, I hereby exempt and hold harmless THE ANT PROJECT INC, its past, present, and future agents, including actual, implied, and apparent, and other servants, employees, representatives, insurers, attorneys, corporate parents, assigns, predecessors, successors, subsidiaries, affiliates, corporate divisions, general contractors, independent contractors, subcontractors, officers, shareholders, and directors and all other persons, natural or corporate, in privity with THE ANT PROJECT INC and all other related entities that have or could have an ownership interest in the alleged liabilities of THE ANT PROJECT INC in connection with the The ANT Project® Platform (the “Released Parties”).
The Released Parties shall be released from any and all liabilities, claims, damages, costs, and attorneys’ fees, arising out of my participation in the The ANT Project® Platform, including, but not limited to, any unauthorized copying or use of the Works by third parties, or any other acts or omission on their part with respect to inherent risks, and agree to waive all claims against THE ANT PROJECT INC and the Released Parties for damages, injuries and death which ever may be sustained by me, whether foreseen or unforeseen, that may occur as a result of the inherent risks of my participation in the The ANT Project® Platform.
I hereby agree to protect, defend, hold harmless, and indemnify the Released Parties from any and all claims, damages, or liabilities that may be asserted by anyone claiming by, through, under, or on behalf of me against the Released Parties. This obligation to protect, defend, hold harmless, and indemnify is intended to cover all forms and types of damages whatsoever that may be sought against the Released Parties arising out of my participation in The ANT Project® Platform. Without limiting the foregoing, this indemnity and hold harmless provision is specifically intended to include all losses, costs, liability, and expenses relating to such claims, demands, actions, or causes of action, and the costs of future litigation, including without limitation, reasonable attorney fees. This obligation to protect, defend, hold harmless, and indemnify includes, without limitation, the obligation to provide the Released Parties with a good and adequate defense including payment of all defense costs and attorney fees to defend the Released Parties against any claim or cause of action covered by this hold harmless and indemnification paragraph.
I agree that if any portion of this Waiver and Release is found unenforceable by a court of competent jurisdiction that portion shall be severed from this License, Waiver and Release and such determination shall not affect any other portion or provision. If any portion or provision is capable of two constructions, one of which would render it void and the other valid, the portion or provision shall have the meaning which renders it valid. This License, Waiver and Release shall be governed by Florida law, regardless of conflict of law principles. I irrevocably consent to the jurisdiction of the federal and state courts located in Miami-Dade County, Florida, in connection with any action or proceeding arising out of or relating to this License, Waiver and Release or my participation in The ANT Project® Platform, and waive any objection to personal jurisdiction, improper venue or forum non conveniens in any such action or proceeding.
If I am under the age of eighteen (18), I represent that a parent or legal guardian also agrees to this License, Waiver and Release on my behalf.
If Member is under 18:
I, , am the [parent/legal guardian] of the individual named below, and I have read this License, Waiver and Release and agree to its terms.
If Member is over 18:
Date: September 26, 2022
Member/Parent/Legal Guardian Signature:
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Document Name: MEMBER LICENSE AGREEMENT AND WAIVER & RELEASE
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