If you do not agree with the terms and conditions of this Submission Agreement, do not submit your story regarding your use of Coinstar machines (the "Submission") to Coinstar. You expressly agree and acknowledge that Coinstar does not owe you any payment for the Submission, Coinstar does not guarantee that it will review or use the Submission and Coinstar will not return the Submission to you.
You hereby expressly assign and transfer to Coinstar all right, title, and interest in and to the Submission, including all copyright, trademark, and other proprietary, intellectual property and moral rights associated therewith. Without limiting the generality of the foregoing, upon receipt of the Submission by Coinstar, the Submission becomes the sole and exclusive property of Coinstar, and Coinstar will own all rights to reproduce, use or not use, distribute, modify, publicly display, make derivative works of, and otherwise use in any manner the Submission, in whole or in part and in any form or media, without notice, duty to account, or payment of any compensation to you or any other person or entity. Coinstar has no obligation to credit you in any manner for any use of the Submission, but may, without any further consent, include your name and hometown with any use made of the Submission. Such possible acknowledgement is your sole consideration for the Submission. You hereby irrevocably and unconditionally waive the right to make any claims against Coinstar arising out of or relating to the Submission, including, but not limited to, claims of infringement, unfair competition, breach of implied contract, defamation, breach of privacy, or breach of confidentiality, and you expressly waive any moral rights you may have in the Submission. You will take, at Coinstar's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Coinstar to effect, perfect, or confirm Coinstar's ownership rights as set forth in this Submission Agreement.
You represent and warrant that: (i) the Submission is your original work and accurately depicts and portrays actual facts and events that occurred to you or were personally witnessed by you; (ii) you have the right to submit the Submission and to grant the rights granted herein without violating the rights of any third party; and (iii) nothing contained in the Submission infringes upon the rights of any third party or constitutes defamation, liable, disparagement, or invasion of privacy. You will indemnify and hold harmless Coinstar and its affiliates from any and all liabilities, costs, damages, or expenses arising out, of or related to, any third party claim resulting from the Submission and/or your breach of this Submission Agreement. This Submission Agreement will be governed by and construed in accordance with the laws of the state of Washington, without regard to its choice of law principles to the contrary. You will not commence any action or proceeding involving Coinstar relating to this Submission Agreement or the Submission other than in the state and federal courts located in King County, Washington, and you consent to jurisdiction and venue in such courts. This Submission Agreement does not confer any right or benefit on any third party. If any provision of this Submission Agreement is found to be invalid or unenforceable, then the remainder of this Submission Agreement will have full force and effect, and the invalid provision will be modified, or partially enforced, to the maximum extent permitted to effectuate the purpose of this Submission Agreement. This Submission Agreement is the entire agreement between you and Coinstar regarding the Submission.
IN NO EVENT WILL COINSTAR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS SUBMISSION AGREEMENT OR THE USE, OR NON-USE, OF THE SUBMISSION, EVEN IF COINSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COINSTAR'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THE SUBMISSION OR THIS SUBMISSION AGREEMENT (WHETHER IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, UNDER A THEORY OF STRICT LIABILITY, OR OTHERWISE) WILL BE LIMITED TO TEN UNITED STATES DOLLARS (US$10). COINSTAR'S SUPPLIERS AND ADVERTISERS WILL HAVE NO LIABILITY OF ANY NATURE FOR THE SUBMISSION OR UNDER THIS SUBMISSION AGREEMENT.
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