MYMO Inc. (d/b/a Ghia), a Delaware corporation, with a principal place of business located at 2699 1/2 Beachwood Dr, #4110, Los Angeles, CA 90068 (the “Company”), is providing you ________________ in connection with your marketing of the Company’s products and/or services through social media posts (“Posts”). With your acceptance of the Discounted Product from the Company (the “Compensation”), the following terms and conditions shall constitute the agreement between you and the Company with respect to the Posts.
You acknowledge and agree that each of the Posts must include clear and conspicuous disclosure suited to the online property on which you are publishing. Such disclosure and all Posts must comply with all applicable laws, including the Federal Trade Commission’s then current Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “FTC Guidelines”).
You irrevocably grant and license to Company and its affiliates, successors, licensees, agents, and assigns(“Authorized Persons”) perpetual, worldwide and unrestricted right and permission to take, use, re-use, copy, reproduce,exploit, publish, republish, license and create derivative works from the Posts, in whole or in part, or composite or distorted in character or form, including the right to publish your name, image and likeness without restriction as to changes and alterations, in conjunction with your own or a fictitious name, or reproductions thereof in color or otherwise made through any medium and in any and all media now or hereinafter known, specifically including, without limitation, print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade or any other purpose whatsoever,without further consent from or any royalty, payment, or other compensation to you. You acknowledge and agree that the Compensation shall be the sole consideration in respect of the foregoing license and rights.
You represent and warrant to Company that (i) you are at least eighteen (18) years of age, and you have full right,power, and authority to grant the rights hereunder, (ii) the Posts will comply with all applicable laws, rules and regulations,including without limitation, the FTC Guidelines and all terms of use applicable to any social media channels on which Posts are posted, (iii) the Posts will not infringe or violate any intellectual property right, right of publicity or privacy, or any other right of any third party and (iv) the Posts will not contain any material or information that is unlawful, disparaging,defamatory or offensive, or that would be detrimental to the reputation, business and/or sale of the products or services of he Company. Nothing herein shall be construed to create a joint venture or partnership between the parties hereto or an employee/employer relationship.
To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy,violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort,contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively,“Claims”) arising directly or indirectly from the production, exhibition, advertising, promotion, exploitation, or other use of the Posts, and whether resulting in whole or in part by the negligence of Company or any other person, covenant not to make or bring any such Claim against any Authorized Persons and their agents, employees, and representatives, and forever release and discharge the Authorized Persons from liability under such Claims.
BY ACCEPTING THE CONSIDERATION, YOU HEREBY ACKNOWLEDGE AND AGREE TO THE FOREGOING TERMS & CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, PROMPTLY REFUSE OR RETURN THE CONSIDERATION TO THE COMPANY.
