By registering your participation on the Site, you, acknowledge that you have read and understand this Author Consent Agreement (the “Agreement”) and acknowledge and agree that you shall comply with the terms and conditions of this Agreement and any additional terms and conditions that govern the Site, including but not limited to, the Site’s Terms of Use and Privacy Policy (the “Additional Terms”). The Site’s Additional Terms, are hereby incorporated into this Agreement by reference.

Except as otherwise defined herein, all capitalized terms in this Agreement shall have the meaning ascribed them in the Additional Terms.

Lee Mingwei (the “Artist”) and MOCA (collectively, the “Project Administrators”, “we”, “our”) are undertaking an artistic initiative, entitled “The Travelers”, which is intended as a community arts collaboration that explores the topic of personal journeys, for which an individual author (the “Author(s)”, “you”, “your”) will (i) be provided the opportunity to submit their personal accounts (each a “Story”, collectively the “Stories”), written in the Author’s own handwriting, within red notebooks specifically designed by the Artist and (ii) be encouraged to submit their Story in a red notebook received during a visit to MOCA with the intention of circulating that particular notebook to other potential Authors to submit their Story(ies) in each such Author’s own handwriting (the “Project”). The Project will culminate in an evocative installation and exhibition by the Artist, with all of the Stories accumulated into a set of one hundred (100) red notebooks (the “Work”) for public exhibition and access.

In order to participate in the Project, each individual Author will be required to provide (i) his/her Story, (ii) photos to accompany his/her Story (collectively, the “Author Content”) and (iii) certain Personal Information (as defined in the Privacy Policy) including, but not limited to, autobiographical details such as the Author’s geographical location.

1. License Grant. The Author hereby grants to the Project Administrators and the Project Administrators hereby accept, a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, perform, display, reformat and create derivative works of any Author Content (including, any Story, whether in whole or in part) solely for the purpose of public exhibition, promotion and fundraising initiatives, in any or all mediums, now known or hereafter developed, as determined by the Project Administrators in their sole discretion including, but not limited to, this Site, any website owned and/or operated by the Artist, social networking sites, etc. For the avoidance of doubt, nothing contained herein shall (a) preclude an Author from using, reproducing, performing or displaying the Author Content submitted in connection with the Project or (b) restrict an Author from granting to any third party the right or license to use, reproduce, perform or display the Author Content.
2. Author Representations and Warranties.
   1. The Author hereby represents, warrants and agrees that his/her participation in the Project shall not:
      • be part of a scheme to defraud other Authors or any other person, or for any other unlawful purpose;
      • infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right, including rights of publicity or privacy, or any other third party rights;
      • misrepresent Author or Author’s affiliation with any person or entity;
      • violate any applicable law, statute, ordinance or regulation ;
      • be defamatory, libelous, unlawfully threatening or unlawfully harassing;
      • be obscene or contain or infer any pornography or sex-related merchandising or otherwise promote sexually explicit materials or is otherwise harmful to minors;
      • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      • contain any material that invades anyone's privacy or encourages conduct that would constitute a criminal offense or give rise to civil liability; or
      • otherwise create any liability for the Project Administrators or their respective affiliates.
   2. The Author hereby represents, warrants and agrees that the Author Content is exclusive and original and that the Author is solely responsible for and has, prior to participating in the Project, procured and maintained all rights, authorizations, licenses and clearances associated with the Author’s participation in the Project as permitted under this Agreement.
   3. The Project Administrators reserve the right to investigate and take appropriate legal action against any Author who, in their sole discretion, violates, or is suspected of violating, these representation and warranties, including, without limitation, reporting the Author to law enforcement authorities. Further, the Author acknowledges, consents and agrees that the Project Administrators may access, preserve and disclose the Author’s account and registration information and any other Author Content, or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with the legal process, (ii) enforce this Agreement, (iii) respond to claims that your participation in the Project or any of your Author Content violates the rights of any third party or contravenes any applicable laws or regulations, (iv) respond to the Author’s requests for customer or technical service, or (v) protect the rights, property or personal safety of other Authors or any third parties.
3. Release.
   1. You acknowledge and agree that although the Project Administrators are making your participation in the Project available, the Project Administrators do not make any representations or warranties as to any Author Content provided by you or by any other Author. The Author further acknowledges and agrees that (i) any ideas and/or opinions expressed by any Author concerning any Author Content does not reflect those of the Project Administrators, (ii) the Project Administrators are not involved in, do not and have no obligation to, endorse, participate in or otherwise facilitate any communications, dealings between the Authors and (iii) your access to, use of or reliance upon any Author Content is at your own risk.
   2. As the Project Administrators do not control, monitor, manage or regulate your communications, transactions, activities or dealings with any Authors, if you have any dispute with one or more Authors, or are in any way damaged as a result of any third party in connection with the Project, you hereby release and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against the Project Administrators, their affiliates, officers, directors, employees, agents, representatives and suppliers from, for any claims, actions, demands or damages (whether direct, indirect, special, incidental or consequential), of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.
4. Indemnity.

   You agree to defend, indemnify and hold the Project Administrators, their successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your breach or violation of this Agreement and (b) our use of your Author Content. The Project Administrators reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Author, and in such case, you agree to cooperate with the Project Administrators’ defense of such Claim.

5. Proprietary Rights.
   1. By Author. Each Author retains all right, title and interest in and to all intellectual property rights embodied in their respective Author Content and nothing herein shall be construed to restrict, impair, encumber, alter, deprive or adversely affect the Author Content or any of your rights or interests therein.
   2. By Project Administrators. The Project Administrators retain all right, title and interest in and to the Work, and except for the rights granted to the Author pursuant to this Agreement and subject to the applicable obligations and restrictions set forth herein, nothing shall be construed to restrict, impair, encumber, alter, deprive or adversely affect the Work, or any of Project Administrators’ rights or interests therein or any other Project Administrator intellectual property.
6. Personal Information. Our information collection and use policies with respect to the privacy of your Personal Information are set forth in the Site’s Privacy Policy, which is incorporated herein by reference for all purposes. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. The Author acknowledges and agrees that you are solely responsible for the accuracy and content of all Personal Information.
7. Assignment. This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by the Project Administrators without restriction and without notice to you.
8. Governing Law; Miscellaneous. This Agreement, together with any Additional Terms, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between you and the Project Administrators concerning the Project and supersedes any and all prior or inconsistent understandings relating to the Project and your participation thereof. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and this Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow the Project Administrators to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your participation in the Project, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). To the extent there is a conflict between this Agreement and any applicable Additional Terms in connection with the Authors’ participation in the Project, this Agreement shall govern.

This Agreement and your participation in the Project is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the State's conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR PARTICIPATION IN THE PROJECT OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.