Release & License
RELEASE AND LICENSE
I hereby grant to Slip Enterprises Pty Ltd and Slip Silk Pillowcase LLC (“Company”), each of their parent companies, subsidiaries and affiliates, each of their respective successors and assigns and the agents, contractors and licensees of each of the foregoing (collectively, the “Licensees”) the non-exclusive royalty free right to use and authorize others (including but not limited to third parties and Company’s third party service providers) to use and/or publish:
(a) any reviews, comments or other statements or content created, published and/or uploaded by me concerning Company and/or Company’s products and/or services (each a “Statement”) (including testimonial statements, such as, without limitations, reviews or content posted by me of Company’s products and/or services);
(b) my name, location, likeness, image, voice and biographical information about me; and
(c) any other content I create, publish or provide including but not limited to text, photographs, images, graphics, videos or other material, in whole or in part, alone or accompanied by other material,
in any manner of advertising, marketing and/or promotional materials and/or communications relating to Company and/or any of Company’s products and/or services, in any and all media and formats, whether now or later known or developed, on any platform, in any and all languages, throughout the universe, in perpetuity.
The foregoing grant of rights includes, without limitation, the right to use and/or publish any Statement, text, photographs, images, video, graphics or other material contained in or displayed in connection with any review or other statement, by the Company or on Company’s website, or otherwise shared with Company’s affiliates or other third parties and third party service providers to be used and published by them on their websites or their other platforms.
I hereby waive any right that I may have to inspect or approve any use of my name, likeness, image, location or voice, any biographical information about me or any review, content, or other statement by me which includes but is not limited to any text, photographs, images, graphics, videos or other material. I acknowledge that each Statement may be used in whole or in part and authorize the Licensees to paraphrase, amplify or shorten any Statement to meet the requirements of copy, layout and/or script, as long as the general sense is not changed.
I represent and warrant that all Statements accurately reflect my experience with Company’s products and/or services and reflect my truthful and honest opinions. If and to the extent my views change, I will promptly notify Company. I understand that that Company is relying on the accuracy and truthfulness of my Statements and that Company can be damaged if any of my Statements are, in whole or in part, false or misleading.
I hereby represent and warrant that each Statement is original to me and not copied from any other person or any entity, that I own 100% of the copyright in each Statement (including, without limitation, any text, images, photographs, video, graphics or other material or content contained in or displayed in connection with any review or other statement), that I have the full authority to make all grants of rights contained in this agreement and that the Licensees will have no obligation to obtain any permission from, or make any payment to, anyone else in connection with their exercise of the rights granted by me.
I hereby release each of the Licensees and their respective officers, directors, agents, attorneys, and employees from any and all claims or demands of any kind that I may have, or that any of my heirs, executors, administrators or assigns hereafter may have, and from any and all liabilities of any kind, in connection with any use of my name, likeness, image or voice, location, any biographical information about me or any review or other statement by me including but not limited to any text, photographs, images, graphics, videos or other material, or any other indicia of me or my persona, including without limitation, claims based upon copyright infringement, invasion of privacy, defamation, false light, intentional infliction of emotional distress, violation of the right of publicity, personal injury, property damage or loss or death. The Licensees will not be responsible or liable for any distortion or illusionary effect in connection with the reproduction of my likeness or any image, photograph, video or graphic of me. I waive and agree not to assert any claim or demand of any kind against anyone relating to the exercise of any permission granted in this agreement. I acknowledge the Licensees are relying on the permissions granted in this agreement.
I INTEND AND ACKNOWLEDGE THAT THE GENERAL RELEASE SET FORTH ABOVE SPECIFICALLY INCLUDES ANY AND ALL “CLAIMS”, AND I EXPRESSLY WAIVE ALL RIGHTS GIVEN BY SECTION 1542 OF THE CALIFORNIA CIVIL CODE WHICH STATES:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
I agree that my rights and remedies in the event of any claim or action relating to any breach of this agreement and/or relating to any use of my name, likeness, image or voice, location, any biographical information about me or any review or other statement by me including but not limited to any text, photographs, images, graphics, videos or other material, will be limited to the right, if any should exist, to recover money damages in an action at law. I will not in any event be entitled to, and I shall not, seek or receive injunctive or other equitable relief with respect to any use of my name, voice, likeness, image, location, biographical information, reviews or Statements including but not limited to any text, photographs, images, graphics, videos or other material, or terminate any grant of rights contained in this agreement.
This agreement will be governed by, and construed in accordance with, the laws of the State in which I reside at the time that I entered into this Release and License. Any dispute arising under, in connection with, or incident to this agreement or about its interpretation will be resolved exclusively in the state or federal courts located in in the State in which I reside at the time that I entered into this Release and License. I irrevocably submit to the exclusive jurisdiction and venue of those courts.
I have been given a full opportunity to review this agreement. I represent and warrant that I am at least 16 years old and have the legal right and capacity to make this agreement and that it will not be necessary for any of the Licensees to obtain consent from anyone else in connection with my entering into this agreement or the exercise by any of the Licensees of any of their rights hereunder. I have read, understood and voluntarily agree to be bound by this agreement. I have not entered into this agreement in reliance upon any promise or representation (written or oral, express or implied) not contained in this agreement. This agreement constitutes the entire understanding of me and Company with respect to the subject matter hereof and cannot be changed except by a written document signed by me and Company. Each of the permissions and rights granted in this agreement is irrevocable and cannot be rescinded or terminated. I agree that Company will have the right to assign this agreement and/or Company’s rights hereunder to any third party. This agreement shall inure to the benefit of and be binding upon the parties’ respective successors, licensees and assigns. Nothing in this agreement will derogate from or limit any rights or privileges that Company now is or at any time may be entitled to under law if this agreement were not in existence. Company is under no obligation to use the rights granted in this agreement.