Exuviance "Before and After" Photo Release
Thank you for your interesting in providing to us your before and after photographs of your experience using our EXUVIANCE products ("Content") for use in connection with the advertising, promotion, marketing, training, or other commercial purposes by NeoStrata Company, Inc., the makers of EXUVIANCE, and NeoStrata’s affiliated, related, and associated entities, contractors and partners (whether affiliated or not) and each of their assigns and successors (together collectively referred to as "Company"). Please read the following License, Release, and Waiver (the "Release") and reply to the email providing you a link to this document with a statement confirming that you have read and reviewed this Release, consent to its terms, and upload the photos.
- You grant to Company the non-exclusive, irrevocable, unrestricted and royalty-free right and license, (but not the obligation), in perpetuity, throughout the world, in any and all media now known or hereafter devised, to the unlimited right to use, create, reproduce, distribute, transmit, adapt, create derivative works, publicly perform, publicly display, publish, republish, advertise, license, and otherwise use and permit others to use in any manner your Content or any part thereof, and all materials created by or on behalf of Company that incorporate the Content, in whole, or in part, composite or distorted in character or form, without restriction as to changes or transformations, in all forms, formats, and media, including, but not limited to, social media, television, print, internet websites, electronic media, labeling, in-store, and any and all other forms of media, which now or hereafter may exist, for any purpose, including, but not limited to, advertising, training, publicity, and promotion of the Company, the EXUVIANCE products, and the related businesses, products, and services of Company. You also give your express consent to being publicly identified by name and geographic location if the Content is used by Company, although Company has no obligation to do so. You grant these rights to Company free of charge.
- You recognize and accept that you will not be compensated for your time or participation in creating and sending these photos. You represent that you have chosen to provide photographs of your experience with EXUVIANCE products with no expectation of compensation from the Company, Ulta Beauty, Inc., or any other entity.
- You represent and warrant that the Content you submit is an original work by you, that you own or control 100% of the rights in and to your Content and the rights granted to Company in this license, and such rights are and shall be free and clear of any and all claims, rights and obligations; that you are of legal age; and that you have the right to grant to Company the rights granted to Company in this license, you do not require the consent of any third party and that there is no contract with any third party that could in any way interfere with Company’s rights under this license or require any payment to be made to anyone by Company.
- By consenting to this Release, you also authorize Company to attribute to you the Content and any statements and/or testimonials contained in the Content (expressed or implied) that are true expressions of your personal experiences and beliefs. You represent that you have used one or more EXUVIANCE products and that the Content illustrates the results you experienced from use of EXUVIANCE products. You represent and warrant that the Content and any and all testimonials and/or statements provided about the Company and/or Company’s EXUVIANCE product are true expressions of your personal experiences and beliefs and that the Content has not been altered or distorted in any way.
- You hereby waive and relinquish any and all rights to review or approve the Company’s use of the Content and agree that the Company may exploit, edit, or otherwise modify the Content, and combine the Content with materials furnished or created by others, without my further approval or liability to you. You agree that you shall have no claim to additional compensation or benefit and no claim (including, without limitation, claims based upon invasion of privacy, defamation, moral rights, or right of publicity) arising out of any use or any blurring, distortion, alteration, optical illusion or use in composite form, whether or not intentional, of the use of the Content. You hereby release the Company of and from any claim that you might otherwise have as a result of any such use, sale, display, performance, adaptation, transmission, or publication. The Company have no obligation to use the Content or exercise any rights granted herein. You hereby release the Company from any and all claims and demands arising out of the use of the Content, including claims for defamation, infringement of moral rights, copyright, or trademark, violation of rights of privacy or publicity, intrusion, false light, libel, public disclosure of private facts, physical or emotional injury or distress, or any similar claim or cause of action, in tort, contract, or otherwise, now or hereafter known in any jurisdiction throughout the world.
- As between you and Company, Company is the sole owner of all rights (including copyright) in any materials created by the Company that incorporate the Content and in this capacity shall have the right to use your Content in any manner in its sole discretion within the terms of this license, including, but not limited to the right to edit your Content to accommodate publishing requirements and/or policies; and to add to, delete from, edit, alter and otherwise combine the Content with other content in any manner and in any media whatsoever.
- You agree to indemnify and hold Company harmless from and against all claims, demands, loss, liability, damages and expenses (including legal fees and disbursements), including actions for infringement of copyright, any third party claim inconsistent with your representations and warranties or otherwise in connection with our use of your Content under the terms of this license.
- If this agreement is terminated (by written notice), then you understand that Company will continue to be able to use the Content previously submitted by you, as indicated above. This Release shall be binding upon your heirs, legal representatives, licensees, and assigns.
- This License, Release and Waiver shall be governed and construed in accordance with the laws of the State of New Jersey, and the parties hereto expressly and irrevocably submit to the exclusive jurisdiction of the courts of the State of New Jersey.
By indicating "I ACCEPT THE RELEASE" in an e-mail to your account representative, you hereby indicate that you have read and understood the foregoing and hereby acknowledge and agree to be bound by the foregoing terms and conditions of this License, Release and Waiver relating to the submission of your Content to Company *
* Required information