RELEASE AND GRANT OF RIGHT TO USE LIKENESS FOR ADVERTISING AND COMMERCIAL PURPOSES AND ASSIGNMENT OF COPYRIGHT INTERESTS (“AGREEMENT”)
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU CONSENT TO SHARING YOUR CONTENT WITH P&G, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
- You represent and warrant that you are at least 18 years old.
- You represent and warrant that you (a) own and control all rights, title and interest in and to the Content you license or that you otherwise have all rights, permissions and consents necessary to post and use such Content (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); (b) have all rights necessary to provide The Procter & Gamble Company and its subsidiaries, affiliates, agents, representatives, licensees, brands, successors and assigns (collectively, “P&G”) with the license and rights outlined in this Agreement and (c) have complied with all applicable laws and regulations associated with acquiring and/or producing the Content. For the purposes of this Agreement, “Content” means voice recordings, photographic portraits, photographic (including videographic) likeness or pictures, recorded statements, text, graphics, moving images, sound, illustrations or any other materials (including any associated metadata or location information) (collectively, “Content”). For purposes of clarification, Content also includes any profile information you allow P&G to access from third party social media platforms (such as Instagram, Twitter, Facebook, etc.) in accordance with the authorization procedures determined by the platform.
- You hereby grant to P&G an unrestricted, nonexclusive, fully paid, royalty free, transferable, worldwide, perpetual, irrevocable and fully sub-licensable right to use, reuse, reproduce, transmit, print, publish, exhibit, modify, adapt, translate, create derivative works from, distribute, perform and publicly display and otherwise use under copyright or similar rights all Content, in whole or in part, without further consideration. For purposes of clarification and not limitation, (a) this license includes, and you expressly consent to, P&G’s right to use and publicly display your name, image, likeness and persona; and (b) nothing in this license transfers your ownership of the Content to P&G. Nothing in this license requires P&G to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.
- Any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with P&G or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at P&G’s request.
- You understand that you will not be paid for P&G’s use of your Content as described in this Agreement.
- You agree to take any actions (including execution of documents) reasonably requested by P&G to effect, perfect or evidence the representations and/or licenses and rights set forth in this Agreement.
- You waive any right that you may have to inspect or approve the finished product or the advertising or other copy that may be used in connection with the Content or the use to which it may be applied. To the extent any “moral rights,” “ancillary rights,” or similar rights in and to the Content exists and are not exclusively owned by P&G, you agree not to enforce any such rights as to P&G.
- To the fullest extent allowed by law, you agree to release, discharge and indemnify P&G, its officers, directors, employees, contractors, successors and assigns and all persons acting under its permission or authority, from any liability, claim, damage, judgment, cost, loss or expense by virtue of any publication, blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the Content or derivative works thereof. You further release P&G, its officers, directors, successors, assigns, agents, and associates from any and all claims for damages for libel, slander, invasion of privacy, violation of publicity rights, or any other claim based on use of the Content.
- This is the entire agreement between you and P&G in relation to the Content you’re licensing. If a court finds any provision of this Agreement to be unreasonable or unenforceable in any respect, you agree that this Agreement will nonetheless be enforced to the maximum extent to which it is found by the court to be legally enforceable.
- This Agreement will be governed by applicable federal law and the laws of the State of Ohio, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of P&G’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).