- Grant of Rights: For good and valuable consideration, including my presenting at any Outclick Media conference, the adequacy of which I hereby acknowledge, I, the undersigned (“Panelist”), hereby grant Outclick Media (dba com and Uglobal.com) and its representatives, employees, agents, affiliates, successors, assigns, and those acting under its authority or license (collectively “Outclick Media”), an irrevocable and unrestricted right, title and license, and the copyright to the same, to photograph, quote, record and/or video me at any Outclick Media event, and legitimately and accurately use, reproduce, display, broadcast, edit, publish, or distribute such video, and/or photographs of me, including my name, image, likeness, voice, as depicted therein and/or biographical information (hereinafter collectively referred to as “Panelist’s Likeness”) relating to my presentation and attendance at Company conferences for the publicizing, promoting, advertising, marketing, and/or exploitation of Outclick Media’s product(s) and service(s) in any and all forms, method, devices and media, whether now know or hereafter developed, throughout the world and in perpetuity. The rights herein granted include the right to film/shoot, record and depict and/or portray Panelist and Panelist’s presentation materials in all forms of broadcast media including, but not limited to, the internet, social media, and web/digital media whether now know or hereafter developed) in-perpetuity. In addition, I waive the right to inspect or approve any such use as permitted herein. Additionally, I expressly waive any and all moral and analogous rights. I also waive any right to royalties, credits, or other compensation arising or related to the use permitted herein. Panelist understands that Outclick Media is not obligated to use all or any of the rights so granted.
- Release: I hereby release, indemnify, and hold harmless and forever discharge Outclick Media from all liability, claims, demands, and causes of action which I or any persons acting on my behalf may have by reason of, and/or arising out of, the authorized use of Panelist’s Likeness. I agree that I will not assert or maintain against Outclick Media any claim, action, suit or demand that may arise regarding the authorized use of Panelist’s Likeness including, but not limited to, any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity or copyright, or other claims grounded upon intellectual property rights or civil rights, or for any other reason in connection with Outclick Media’s lawful and authorized use of Panelist’s Likeness as herein provided.
- Other: Panelist represents and warrants that Panelist has the full right, power and authority to grant the rights herein granted and that this representation does not conflict with any other professional or personal commitments now in existence. This Agreement shall be governed by the laws of the State of California (the State and Federal courts situated within such State shall have exclusive jurisdiction over any dispute relating to this Agreement). Panelist irrevocably agrees that the federal courts of the Central District of California and the California State courts shall have sole and exclusive jurisdiction over any suit or other proceeding arising out of or based upon this Agreement; (b) submits to the venue and jurisdiction of such courts; and (c) irrevocably consents to personal jurisdiction by such courts. Panelist acknowledges that in the course providing his or her services hereunder, Panelist may be exposed to certain confidential information and trade secrets of Outclick Media, the disclosure of which could be harmful to Outclick Media. Such confidential information includes, but is not limited to any nonpublic information relating to (a) Outclick Media’s products or services and (b) Outclick Media’s marketing and advertising plans. Panelist therefore agrees that, to the best of his or her ability, Panelist shall retain all such confidential information in confidence and not disclose any portion of it to any third party without first obtaining Outclick Media’s prior written consent. This Agreement shall inure to the benefit of Outclick Media’s successors, assigns, affiliates, licensees, and grantees, and Panelist agrees that Outclick Media may freely assign this Agreement and all use of rights hereunder to any person, firm, or corporation. Panelist’s services are personal and Panelist cannot assign the performance of them. If any provision of this Agreement is illegal, invalid or unenforceable under present or future laws, it is the intention of the parties that the remainder of the Agreement shall not be affected. This Agreement comprises the entire understanding of the parties with respect to the subject matter hereof, all prior oral and written communications or understandings being merged herein. Without limitation of the foregoing, Panelist acknowledges that Panelist has not relied on any oral or written representations or other statements other than those specifically contained in this Agreement.
- Panelist certifies that he or she has read this Agreement before accepting the terms and conditions on the registration page and fully understand the meaning and effect thereof, and do hereby give my consent without reservation to the foregoing. Panelist acknowledges that he or she has had full opportunity to be fully advised by counsel of his or her choice concerning the legal and practical effects of this Agreement, and have either obtained such advice or knowingly chosen not to do so.
