SUBMISSION POLICY

Due to the high volume of inquiries, Foton Games, Inc. (“Foton”) may not be able to respond to each business inquiry (“Submission”).

By clicking the “SUBMIT” button, you agree that: (a) Your Submission is non-binding and does not constitute an authorization, offer, acceptance of an offer, or agreement of any kind; (b) Your Submission does not grant you the right to use any of Foton and/or its licensors’ trademarks, copyrights, patents, or other intellectual property rights; (c) Unless otherwise set forth in a written agreement signed by a duly authorized representative of Foton, your Submission will not entitle you to any compensation or payment of any kind; (d) Foton shall be entitled to use or disclose (or choose not to use or disclose) your Submission for any purpose, in any way, worldwide; (e) Foton is not under any obligation of confidentiality, express or implied, with respect to the Submission; and (f) Foton cannot guarantee that similar information has not already been developed, or will not be developed or obtained by Foton in the future, or that Foton may not already have something similar to the Submission under consideration or in development.

In order for Foton to evaluate your Submission, you shall agree and accept the Submission Terms, Conditions and Release Agreement below and your Submission shall be subject to such terms and conditions.

Terms of Unsolicited Submissions

PLEASE DO NOT SEND ANY SUBMISSIONS OR ANY TYPE OF MATERIAL WHATSOEVER TO FOTON

AND/OR ANY OF ITS AGENTS OR EMPLOYEES VIA ANY MEANS (INCLUDING, WITHOUT LIMITATION, VIA

PHONE, MAIL, FAX OR EMAIL) OTHER THAN THE SUBMISSION FORM. IF YOU CHOOSE TO DISREGARD

THIS POLICY, YOUR SUBMISSION WILL BE CONSIDERED AN “UNSOLICITED SUBMISSION” AND THE

FOLLOWING TERMS WILL APPLY.

As a matter of strict policy, Foton’s employees, agents, representatives, officers and directors shall delete or discard any such Unsolicited Submissions without reading, forwarding, or responding to them.
Therefore, any similarity between an Unsolicited Submission and any element in any of Foton’s creative work would be purely coincidental.

Based on this policy, Foton will not, and has no obligation to, treat any Unsolicited Submissions as confidential or proprietary, and will incur no liability if an Unsolicited Submissions is inadvertently opened, read or responded to by an employee or agent of Foton. You acknowledge and agree that Foton is not obligated to respond or return any Unsolicited Submission to you.

Notwithstanding the policy above, you agree that your Unsolicited Submission and its contents will automatically become the property of Foton, without any compensation to you.

Foton will not be liable for any inadvertent use or disclosure of such Unsolicited Submissions, and you shall have no claim against Foton or anyone else based on or arising out of your Unsolicited Submission.

Further, you irrevocably release Foton, its subsidiaries and assigns, and any of Foton’s employees or agents, from any liability, loss or damage which may arise as a result of Foton’s access to the Unsolicited Submissions.

SUBMISSION TERMS, CONDITIONS AND RELEASE AGREEMENT

By submitting the material set forth in the Foton Games Submission Form (hereinafter referred to as the “Material”), I agree to the following terms and conditions.

  1. Submission Acknowledgement. I understand that Foton has adopted the policy, with respect to the submission of material, of refusing to accept, consider, or evaluate such material unless the person ACCEPTS and AGREES to these terms and conditions (“Agreement”). I specifically acknowledge that you, Foton, would refuse to accept, consider, or otherwise evaluate the Material in the absence of my acceptance of each and all of the provisions hereof. I shall retain the right to submit the Material or similar material to persons other than you. I acknowledge that no fiduciary or confidential relationship now exists between you and me, and I further acknowledge that no such relationships are established between you and me by reason of this Agreement or by reason of my submission to you of the Material.

  2. Evaluation of Material. I request that you read and/or otherwise evaluate the Material, and I understand that you shall have no obligation to me in any respect whatsoever with regard to the Material. I enter into this Agreement with the express understanding that you agree to consider and evaluate the Material only in express reliance upon this Agreement and the representations and warranties contained herein.

  3. Representations, Warranties and Indemnifications. I represent and warrant that I am the sole owner and author of the Material, I have the exclusive right and authority to submit the Material to you upon the terms and conditions stated herein and all of the significant features of the Material are summarized herein. I agree to indemnify you and your subsidiaries, parents, affiliates, employees, officers, directors, licensees, agents and representatives (“Representatives”) from and against any and all liabilities, losses, claims, demands, costs or expenses (including reasonable attorneys’ fees) that may be asserted against you or your Representatives, or incurred by you or your Representatives, at any time in connection with the Material, any use thereof or any breach or alleged breach of this Agreement.

  4. Use of Non-Protectible Material. I agree that any part of the Material which does not in itself constitute protectible property may be used by you or your Representatives without any liability to me, and that nothing in this Agreement nor the fact of my submission of the Material to you shall be deemed to place you in any different position than anyone else to whom I have not submitted the Material with respect to any portion of the Material which does not constitute protectible property.

  5. Similar Materials. I recognize and understand that Foton is part of a company with employees and agents in different locations worldwide and parent, affiliate and subsidiary companies that simultaneously and continuously are originating and developing on their own behalf (and/or are receiving and/or evaluating presentations made by third parties) new ideas, concepts, formats and proposals for productions and programming, and as a result, a great deal of the material that will be presented, either by me or someone else, may include ideas, concepts, formats, plans, proposals and/or materials substantially similar or identical to those that have been developed by Foton personnel or presented by others to Foton. I recognize that you and your Representatives have access to and may create or have created literary materials and ideas which may be similar or identical to the Material in theme, idea, plot, format or other respects.
    I agree that I will not be entitled to any compensation because of the use by you or your Representatives of any such similar or identical material which may have been independently created by you or your Representatives or may have come to you or your Representatives from any other independent source. I understand that no confidential relationship is established by my submission of the Material to you.

  6. Jurisdiction; Choice of Law. Any dispute arising out of or in connection with the Material or with reference to this Agreement, such dispute shall be governed by the laws of the State of Florida in accordance with the substantive laws of the State of Florida, U.S.A., and without regard to any conflicts of law principles. The parties hereto further agree that the courts sitting in Miami-Dade County shall be the exclusive, sole and mandatory venue for any dispute among themwhich dispute in any way relates to this Agreement. The parties hereby consent to the jurisdiction of the courts of the State of Florida and expressly waive and will not assert any defense of lack of jurisdiction or forum non-conveniens. THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL. Each Party shall be solely responsible for their own respective attorney’s fees. Notwithstanding anything to the contrary herein, I hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any motion picture, production or project related to you, your parents, subsidiaries and affiliates, or the use, publication or dissemination of any advertising in connection with such motion picture, production or project.

  7. Assignment. Either party to this Agreement may assign or license its rights hereunder, but such assignment or license shall not relieve such party of its obligations hereunder. It is agreed that this Agreement shall inure to the benefit of the parties hereto and their heirs, successors, representatives, assigns and licensees, and that any such heir, successor, representative, assign or licensee shall be deemed a third-party beneficiary under this Agreement.

  8. Severability. In case any term of this Agreement shall be held invalid, illegal or unenforceable in whole or in part, neither the validity nor the remaining part of such term nor the validity of any other term shall be in any way affected thereby.

  9. Release. Except as otherwise provided in this Agreement, I hereby release you of and from any and all claims, demands, causes of action and liabilities of any kind whatsoever, whether known or unknown, that may arise in relation to the Material or by reason of any claim now or hereafter made by me that you have used or appropriated the Material, except for fraud or willful misconduct on your part.

  10. Entire Agreement. I hereby state that I have read and understand this Agreement and that no oral representations of any kind have been made to me, and that this Agreement states our entire understanding with reference to the subject matter hereof. Any modification or waiver of any of the provisions of this Agreement must be in writing and signed by both of us.

​By agreeing to the Submission Terms, Conditions and Release Agreement in the submission form, you understand that it is legally binding.