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 SPLASHE, as well as its respective licensees, designees, successors and assigns (herein collectively called the "Licensed Parties"), the worldwide, perpetual, fully-paid, royalty-free, sub-licensable right to use, publish, broadcast, exploit, distribute, and otherwise post online (i) Your name, voice, picture, portrait, social media handle 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 any legal purpose including without limitation advertising, marketing and promoting SPLASHE, 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, including without limitation any and all digital and social media websites and platforms. You understand and acknowledge that SPLASHE may modify the User Generated Content including without limitation for for formatting, navigational, integration or other purposes.
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 or shall entitle you to any compensation (except where prohibited by law), 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. SPLASHE’S 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 AND OTHER REPRESENTATIONS AND WARRANTIES
You acknowledge and agree that:
- 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 SPLASHE or SPLASHE’S users; and
- The User Generated Content is not, in SPLASHE’S reasonable discretion, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful, false, inaccurate or misleading.
For the avoidance of doubt, SPLASHE will make all determinations as to what User Generated Content is appropriate and in compliance with the above guidelines in its sole discretion.
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: May 12th, 2021