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Agreement Do not upload copyrighted material for which you don't own the rights or have permission from the owner. Disclaimer: S&S Cycle, Inc Submission Terms & Conditions Before submitting your original material described above (the "Material") to flatheadpower.com,flatheadpower.net or flatheadpower.org . ("S&S Cycle, Inc"), please read the following Agreement in its entirety. You accept and agree with all of the provisions of this Agreement by submitting your material. If you do not accept and agree with any provision or paragraph of the Agreement, please do not submit your Material to S&S Cycle, Inc, because any submission of your Material to S&S Cycle, Inc constitutes your full and complete acceptance of this Agreement. You agree to keep all records relating to your submission of Material and keep a copy of this Agreement for your records. S&S Cycle, Inc reserves the right, at its sole discretion, to deliver notices and disclosures to you by electronic and other means such as postal mail. Additionally, by submitting your Material to S&S Cycle, Inc, you also agree to S&S Cycle, Inc Terms of Service. In the event of a conflict between this Submission Agreement and the Terms of Service, the terms of this Submission Agreement shall control. You further agree as follows: 1. By entering into this Agreement and submitting the Material, You acknowledge that you are submitting the Material voluntarily and not in confidence or in trust, and that your submission of the Material does not create any confidential or fiduciary relationship between you and S&S Cycle, Inc. Any part of the Material which any member of the public could freely use may be used by S&S Cycle, Inc without liability to you or any other entity claiming rights from or through you. 2. You believe the Material and its features are unique and novel. You acknowledge, however, that because of S&S Cycle, Inc's position in the interactive online entertainment industry, other persons, including S&S Cycle, Inc's employees, may have submitted to S&S Cycle, Inc or to others, or may have made public, or may hereafter create, submit to S&S Cycle, Inc or make public, similar or identical material that S&S Cycle, Inc may have the right to use. You understand and agree that S&S Cycle, Inc's use of material similar to or identical with the Material or containing features or elements similar to or identical with those contained in the Material will not obligate S&S Cycle, Inc to negotiate with you, nor will it entitle you to any compensation of any kind if S&S Cycle, Inc determines that it has an independent legal right to use such other material (for example and without limitation, because such features or elements were not new or novel, or were not originated by you, or were or may hereafter be independently created by or submitted to S&S Cycle, Inc). S&S Cycle, Inc's determination concerning such independent legal rights is subject to Section 9 below. 3. You represent that you are 18 years of age or older. If you are younger than the legal age to enter into contracts in your state, S&S Cycle, Inc requires written consent from your parent or legal guardian. 4. You understand that you will not receive any compensation for submitting the Material to S&S Cycle, Inc, unless S&S Cycle, Inc determines in its sole discretion to negotiate with you rights to exploit the Material for commercial purposes, on the terms of any such agreement. 5. You represent that your submission of the Material to S&S Cycle, Inc and S&S Cycle, Inc's copying and use for its review and evaluation of such Material will not violate or infringe any copyright, patent, privacy right, publicity right, trademark, service mark or any other personal or property right of any person or entity and that your Material does not constitute a defamation of any person or entity. You also represent that you are the sole owner of the Material and all rights therein, that it is original to you, and that you have the full right to submit the Material to S&S Cycle, Inc upon all the terms and conditions contained herein. If your Material uses or is based on any third party material, you represent that you have paid and will pay in full all license fees, clearance fees, and other obligations, of any kind, arising from any use or commercial exploitation of the Material. You represent that the Material you are submitting is not obscene, pornographic, defamatory, or otherwise illegal. You represent that the Material contains no virus or other malicious code or material that will, upon the occurrence of an event, the passage of time, or otherwise, delete or alter any data or impair the operation of any computer system or any equipment or software thereon, or permit any unauthorized access to any such system, equipment or software. 6. You agree to indemnify and hold S&S Cycle, Inc, its affiliates, parent entities, and assignees harmless from and against any and all claims, losses, or liabilities (including reasonable attorneys' fees) that may be asserted against S&S Cycle, Inc or incurred by any of the foregoing entities at any time in connection with the Material or any use thereof, and/or arising from any breach or alleged breach of any representation made by you to S&S Cycle, Inc. 7. You agree that whether or not S&S Cycle, Inc decides to use the Material, S&S Cycle, Inc will not be obligated to return it to you. You have retained a copy of the Material, and you release S&S Cycle, Inc from any and all liability for loss of or damage to the copy of the Material you have submitted to it. 8. You agree that any controversy arising out of or in connection with any alleged wrongful use of the Material, or a dispute with reference to this Agreement, its validity, or effect will be governed by the laws of the state of California. Any controversy arising out of or in connection with any alleged wrongful use of the Material or a dispute regarding this Agreement, or its validity or effect, will be conclusively determined by the courts of competent jurisdiction located in the state of Wisconsin. 9. You have read and understand this Agreement, and you acknowledge that no oral representations of any kind have been made by S&S Cycle, Inc and that this Agreement states the entire understanding between you and S&S Cycle, Inc. Any modification or waiver hereunder must be in writing, affirmed by the party to be bound. The invalidity of any provision hereof will not affect the remaining provisions. The parties have executed this agreement by clicking on the "AGREE" box below. Agree

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