PHOTO FLIGHT Photo Release
(Updated August 2012)
- BY SUBMITTING A PHOTO, YOU AGREE TO GRANT TO RADIO FLYER, INC. THE RIGHTS CONTAINED IN THIS PHOTO RELEASE ("RELEASE"). IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT SUBMIT A PHOTO.
- For good and valuable consideration, receipt of which is hereby acknowledged, you hereby grant to Radio Flyer, Inc., its agents, advertising and promotion agencies, and others working for it or on its behalf, and each of their respective licensees, successors, and assigns (collectively, the "Licensed Parties"), the worldwide, perpetual, irrevocable and absolute right and permission to reproduce, transmit, distribute, publish, re-publish, make derivative works of, display, perform and otherwise use the photograph you submitted ("Photo") for any and all purposes, and in any and all media or formats, whether now known or hereafter developed, including, but not limited to, in electronic, digital, online, or print formats. To the maximum extent permitted by law, you further waive and release any and all "moral rights" you may have in the Photo.
- The rights granted in this Release also include the worldwide, perpetual, irrevocable right and permission to use your, your children's and any third person's name, picture, likeness, and images to the extent depicted in the Photo ("Personal Rights") in connection with the use of the Photo, including, but not limited to, for any advertising, promotion, and publicity purposes associated with the products or services of the Licensed Parties.
- You understand that Licensed Parties are not obligated to make any use of the Photo or the Personal Rights granted herein. You understand that the Licensed Parties have no obligation to display your name or reference any other Personal Rights in connection with any use of the Photo. You shall have no right of approval of any use of the Photo or other materials produced hereunder, no claim or right to any payment, royalty or other monetary compensation for use of the Photo or the Personal Rights, and no claim (including, without limitation, claims based upon copyright infringement, invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of the Photo or your or your child's name, signature, picture, or likeness. You agree not to contest the rights or authority granted to the Licensed Parties hereunder.
- You represent and warrant that (a) you are the rightful owner of the Photo and have the right, power and authority to grant the rights in the Photo and Personal Rights you grant in this Release; (b) you are the parent or legal guardian of any children shown in the Photo and have the right to enter into this Release on their behalf; (c) you have received permissions from any and all third parties depicted or shown in the Photo necessary for the Licensed Parties to exercise the rights granted herein; (d) the Photo does not violate or infringe any copyright, trademark, trade secret, privacy, publicity or any other right of any third party; and (e) you have no conflicting commitments or obligations that would interfere with the rights you have granted. You agree to indemnify and hold harmless the Licensed Parties from any and all claims, losses, expenses (including reasonable attorney's fees), losses or liabilities arising out of any breach of these representations and warranties.
- This Release contains the entire understanding between the parties with respect to the subject matter hereof, supersedes all prior agreements with respect to the subject matter hereof, and may not be altered or waived except by a writing signed by both parties. This Release shall be governed by the laws of the State of Illinois applicable to contracts executed and to be fully performed therein, without regard to its principles of choice of laws. The exclusive venue and jurisdiction for any legal action arising out or relating to this Release shall be a court of competent jurisdiction located in the State of Illinois. You consent to the jurisdiction of said courts.
THANK YOU FOR YOUR PHOTO SUBMISSION!