Participant warrants and represents that he or she shall keep confidential and never use, misappropriate, disclose or publicize to any third party or to the general public, directly in-person, or through the use of any electronic communication technology, including but not limited to email, social networking and audio storage sites, Sourcing User's Confidential Information for a period of one (1) year following the expiration of the project period. The term "Confidential Information" as used in this NDA includes, but is not limited to: (a) any and all information which is not generally known to the public, related to or concerning this project; (b) any and all information which is not generally known to the public, related to or concerning Sourcing User and/or Audiodraft's role(s) in facilitating and/or hosting this project; (c) Participant's Production once created for submission to this project; and/or (d) Sourcing User's composition(s), design brief(s), logo(s), trademark(s) and/or any other project-related intellectual property (hereafter "Sourcing User I.P.").
Participant agrees and acknowledges that violation of this NDA would constitute irreparable injury to Sourcing User and Audiodraft. Accordingly, both Sourcing User and Audiodraft will be entitled to seek preliminary and final injunctive relief as well as any other applicable remedies at law or in equity against Participant who breaches or whose actions constitute a threat to breach this NDA. In addition, any Participant who breaches this NDA will be liable to either or both Sourcing User and Audiodraft for their costs, attorney fees and expenses expended in asserting their rights under this NDA. Further, where a project challenges Participants to create a new sound recording based on Sourcing User's composition and/or other Sourcing User I.P., Participant is given a limited license to use the Sourcing User I.P. solely for that purpose during the project period in accordance with the provisions of this NDA. Participant's use, duplication, performance, display or distribution of Sourcing User I.P. in any manner not authorized, during or subsequent to the project period and this NDA term, will constitute copyright infringement and will subject Participant to copyright infringement damages in addition to damages incurred from violation of this NDA. Breach of this NDA will also result in Participant being permanently barred from using the Audiodraft platform.