Whisperboy.com’s Client Content Release Agreement (CCRA)
Whisperboy.com’s Client Content Release Agreement (CCRA)
This Content Release Agreement (“Agreement”) is entered into by and between Whisperboy.com and Whisperboy TV (collectively referred to as Whisperboy.com) and the individual or entity submitting content (the “Contributor”).
1. Grant of Rights
The Contributor irrevocably assigns and transfers to Whisperboy.com all rights, title, and interest in any content submitted to Whisperboy.com, including but not limited to interviews, promotions, advertisements, and any other materials (the “Content”).
This transfer includes, without limitation, all associated intellectual property rights, copyrights, and moral rights. Whisperboy.com is granted exclusive, perpetual, worldwide rights to use, reproduce, modify, publish, distribute, display, and create derivative works from the Content in any medium or format, whether currently known or developed in the future, without requiring further consent from the Contributor.
The Contributor explicitly waives any moral rights under UK law (Copyright, Designs and Patents Act 1988) or any equivalent rights under applicable international or U.S. laws.
2. Waiver of Claims
The Contributor waives all claims, rights, or entitlements to compensation, royalties, or other financial benefits arising from the use of the Content by Whisperboy.com.
The Contributor agrees not to assert any legal, moral, or equitable claims against Whisperboy.com, its affiliates, or representatives regarding the use, reproduction, or distribution of the Content.
3. Representations and Warranties
The Contributor represents and warrants that:
a. They own all rights to the Content or have obtained all necessary permissions, licenses, and consents from third parties to grant the rights specified in this Agreement.
b. The Content is original and has not been subject to prior disputes or claims.
c. The Content does not infringe upon the intellectual property rights, copyrights, trademarks, or other proprietary rights of any third party.
d. The Content does not contain defamatory, obscene, or otherwise unlawful material.
If the Contributor breaches these warranties, they will be held fully liable for any resulting damages or legal actions.
4. Indemnification
The Contributor agrees to indemnify, defend, and hold harmless Whisperboy.com, its affiliates, and its representatives from and against any claims, damages, or expenses (including reasonable legal fees) arising from:
a. A breach of the Contributor’s representations or warranties.
b. Any third-party claims alleging violations of intellectual property rights, defamation, or other legal issues related to the Content.
The Contributor acknowledges that indemnification includes covering all upfront legal costs incurred by Whisperboy.com immediately upon notice of a claim, irrespective of the outcome of legal proceedings.
5. Discretionary Use of Content
Whisperboy.com retains sole discretion over how, when, and whether the Content will be used, published, modified, or distributed. The Contributor acknowledges that Whisperboy.com is under no obligation to use the Content in any way.
6. Use and Redistribution of Content
The Contributor expressly agrees that Whisperboy.com has the exclusive right to use, distribute, and redistribute the Content—including the Contributor’s voice, image, text, video, and other shared materials—in any way Whisperboy.com deems fit.
The Contributor further acknowledges that they have no right to determine how Whisperboy.com uses, edits, or distributes the Content. This includes any platforms, formats, or mediums chosen by Whisperboy.com, whether currently existing or developed in the future.
The Contributor also waives all privacy or data protection claims related to the public use of their Content.
7. No Responsibility or Endorsement
The Contributor acknowledges and agrees that Whisperboy.com’s use, sharing, or publication of the Content does not:
a. Constitute acceptance of responsibility for the Content’s accuracy, legality, or compliance with applicable laws.
b. Imply endorsement of the Content or its subject matter as Whisperboy.com’s own unless explicitly stated otherwise in writing by an authorized representative of Whisperboy.com.
8. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, which shall take precedence.
For contributors based in the United States, this Agreement is also subject to applicable U.S. federal and state laws. Any international legal disputes will be guided by the principles of the Berne Convention for the Protection of Literary and Artistic Works, as applicable.
The Contributor agrees that the courts of England and Wales shall have exclusive jurisdiction over all disputes unless arbitration is invoked (see Section 9).
9. Arbitration Clause
In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the parties agree to resolve the matter through binding arbitration. Arbitration shall be conducted as follows:
a. Primary Location: London, United Kingdom.
b. Alternative Location (if mutually agreed): New York, United States.
c. Arbitration Rules: The arbitration shall be conducted in accordance with the rules of the International Chamber of Commerce (ICC).
d. Arbitrator: The arbitration shall be overseen by a single arbitrator with expertise in intellectual property law.
e. Final and Binding: The decision of the arbitrator shall be final and binding on both parties.
Each party shall bear its own costs and legal fees related to arbitration unless the arbitrator rules otherwise.
10. Severability
If any provision of this Agreement is deemed unenforceable or invalid under applicable law, the remaining provisions shall remain in full force and effect.
11. Entire Agreement
This Agreement constitutes the entire understanding between the parties regarding the Content and supersedes all prior agreements, discussions, and understandings, whether oral or written.
12. Prohibition of Harmful, Misleading, and Offensive Content
The Contributor expressly acknowledges and agrees that Whisperboy.com retains the sole and absolute discretion to determine whether any submitted Content constitutes:
a. Hate Speech: Content inciting violence, discrimination, or hostility.
b. Misinformation or Disinformation: Content that misleads or deceives the public.
c. Harmful Content: Content endangering or exploiting vulnerable groups.
d. Untrue Claims: Unsupported or fabricated assertions.
Whisperboy.com reserves the right to remove, modify, or report such Content.
13. GDPR and Data Protection Compliance
a. Compliance with Data Protection Laws: Whisperboy.com agrees to process any personal data contained in the Content in accordance with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) (EU) 2016/679 and the UK GDPR. Whisperboy.com will ensure that appropriate technical and organizational measures are in place to protect the data.
b. Contributor’s Responsibility: The Contributor represents and warrants that any personal data included in the submitted Content has been obtained and shared in compliance with applicable data protection laws, including GDPR. The Contributor must have the necessary permissions, consents, or legal bases for sharing such data with Whisperboy.com.
c. Data Subject Rights: Whisperboy.com
acknowledges the rights of data subjects under the GDPR, including the right to access, rectify, or erase personal data. If any data subjects make requests regarding their personal data included in the Content, Whisperboy.com will act in accordance with applicable laws to address these requests. d. Indemnification for GDPR Violations: The Contributor agrees to indemnify Whisperboy.com
against any claims, damages, or penalties resulting from the Contributor’s failure to comply with data protection laws in relation to the Content. 14. Acceptance and Acknowledgment
By signing below, the Contributor confirms they have read, understood, and agreed to the terms of this Agreement. The Contributor further affirms that they are entering into this Agreement voluntarily and without coercion.
Contributor’s Full Name:
Signature:
Date:
Whisperboy.com Representative’
s Full Name: Signature:
Date: