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 cabi, LLC, as well as its respective licensees, successors and assigns (herein collectively called the “Licensed Parties”), the worldwide, fully-paid, royalty-free, sub-licensable right during the “License Term” (as defined below) to use, publish, broadcast, post online, and copyright (i) Your name, voice, picture, portrait 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 advertising, marketing and promoting cabi, LLC, 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. You understand and acknowledge that cabi, LLC may modify the User Generated Content for formatting, navigational, integration or other purposes, but such modifications will not materially distort such User Generated Content.
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, 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. Cabi, LLC’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
You acknowledge and agree that:
- You are at least 13 years old;
- 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 cabi or cabi’s users; and
- The User Generated Content is not, in cabi’s reasonable discretion, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
LIMITATION OF LIABILITY
INDEMNITY & RELEASE
You agree to defend, indemnify and hold the Licensed Parties and their respective officers, directors, employees, agents, representatives, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind, and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable legal fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of the User Generated Content, your breach or alleged breach of these Terms and Conditions, including any of your warranties, representations or agreements hereunder, your violation of any laws, or your violation of any rights of another person or entity.
In the event that any provision of these Terms and Conditions shall be held to be unenforceable in any jurisdiction, such event shall not affect the remaining provisions.
Nothing contained herein shall deem or construe you and cabi, LLC to be partners, joint ventures, principal-agent or employer-employee, and no party shall have any authority to obligate or bind the other whatsoever.
These Terms and Conditions represent the entire agreement between you and cabi, LLC with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written. No modifications, amendments or waivers will be effective unless in writing and signed by both you and cabi, LLC.
If you are a rights holder and you have found Use of the material for which you have not given permission, or are not covered by a limitation or exception in national law, please contact us by writing to address: [firstname.lastname@example.org] and cabi, LLC will endeavor to respond. Please include your contact details and a direct link to the material(s) which you believe to infringe upon your rights.