Terms And Agreements

Artist(s) is the owner of certain "Artwork", which he or she would like to submit in the Into the Pixel exhibition, which is being co-hosted by the Entertainment Software Association (ESA), The Academy of Interactive Arts & Sciences (The Academy) and the Graphic Arts Council of the Los Angeles County Museum of Art (LACMA) (together, the "Co-Hosts"). The Co-Hosts are willing to accept the Artwork for submission in the Into the Pixel exhibition on certain terms and conditions, as outlined below, and Artist(s) hereby agrees to these terms and conditions:

1. Artist(s) affirms that he or she is the owner of all rights in and to the Artwork, and further affirms that the Artwork does not violate the right of privacy or publicity or infringe upon any copyright, trademark or other proprietary right of any other personor entity.
    
2. Artist(s) hereby grants a free license to the Co-Hosts to enlarge, frame and display the Artwork as part of the Into the Pixel exhibition.
    
3. Artist(s) hereby grants the Co-Hosts a free license to reproduce or distribute the Artwork for Into the Pixel-related promotional purposes.
    
4. Artist(s) represents and warrants that the Artwork is eligible for sale, and Artist(s) hereby grants the Co-Hosts a free license to put the enlarged Artwork up for sale with the proceeds to benefit The Academy and LACMA (both are not-for-profit organizations).
    
5. The licenses granted above are nonexclusive, meaning the Artist(s) is also free to make any use of the Artwork, and the Artist(s) retains all rights with the exception of this license. All copyright, trademark and any other proprietary rights in the Artwork shall remain with the Artist(s).
    
6. Artist(s) shall indemnify and hold harmless the Co-Hosts, and all of the irrespective officers, directors, members, agents and employees, from any liability, cost or expense (including attorney's fees) that they may incur as a result of (a) Artist(s)'s breach of the affirmation in paragraph 1 above, or (b) the violation by the Artist(s) of any regulation, statute, law or ordinance.
    
7. If any term of this Agreement is declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. This Agreement shall be binding upon the party's heirs and successors.
    
8. This Agreement shall be interpreted under and governed by the laws of the State of New York without regard to conflict of laws provisions therein. Any claim regarding this agreement shall be brought exclusively in New York, New York.