IMPORTANT NOTICE — THIS IS A BINDING CONTRACT
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, You hereby irrevocably grant to Refreshments, as well as its respective licensees, successors and assigns (herein collectively called the "Licensed Parties"), the worldwide, perpetual, fully-paid, royalty-free, sub-licensable right to use, publish, broadcast, post online, and copyright (i) Your name, voice, picture, portrait and likeness (“Name and/or Likeness”) as such Name and/or Likeness appears in or in connection with the User Generated Content and (ii) the User Generated Content in and in connection with advertising, marketing and promoting Refreshments, its products and services, or its sponsored events, in whole or in part, by any and all means, media, devices, processes and technology now or hereafter known or devised throughout the universe. You understand and acknowledge that Refreshments may modify the User Generated Content for formatting, navigational, integration or other purposes, but such modifications will not materially distort such User Generated Content.
No advertisement, promotional media, or other material in any media containing Your Name and/or Likeness related to the User Generated Content need be submitted to You for any further approval for use by the Licensed Parties, and the Licensed Parties shall be without liability to You for any distortion or illusionary effect resulting from the publication of Your Name and/or Likeness.
Notwithstanding the above, the Licensed Parties will have no obligation to make any use of any of the rights granted by You. Refreshments’ use of the User Generated Content or Your Name and/or Likeness does not imply any endorsement of or any affiliation with You.
YOUR REPRESENTATIONS OF OWNERSHIP
You acknowledge and agree that:
- You are not a minor;
- The User Generated Content was created by you or you own or control all rights in such User Generated Content, such that you have all necessary licenses, rights, consents and permissions to publish the User Generated Content and to grant the rights granted herein, including permission from all person(s) appearing in your User Generated Content;
- The User Generated Content does not contain any worms, viruses or other code deemed harmful to Refreshments or Refreshments’ users; and
- The User Generated Content is not, in Refreshments’ reasonable discretion, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
LIMITATION OF LIABILITY
INDEMNITY & RELEASE
If You are a California resident, you expressly waive California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
You irrevocably and unconditionally waive (and agree not to enforce) all rights in the User Generated Content, including without limitation any moral rights or equivalent rights which You may otherwise have under any laws now existing or which become law in the future in any part of the world.
Last updated: October 30, 2020