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You hereby grant Better Buzz and its third-party service providers together with their respective agents, successors, and assigns (the “Licensees”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, and sublicensable right to use your Content for any legitimate business purpose to be determined in the Licensees’ sole discretion, including but not limited to on any social media pages now or hereafter owned or operated by Better Buzz, on our website, in promotional communications, and in any other marketing or advertising materials, in any media now known or hereafter created. In its discretion, Better Buzz may also create derivative works from the Content, by, among other things, altering or editing the Content or combining it with other content, without any obligation to you, including an obligation to obtain approval prior to publishing any such derivative works.
You also grant the Licensees the right to use your name, username, image, likeness, voice, and other attributes of your personality and appearance in connection with the use of the Content pursuant to these Terms.
The Licensees reserve the right to remove or otherwise delete any Content once it is used. You acknowledge and agree the Terms and your authorization of Better Buzz to use the Content does not confer or otherwise grant you any ownership or other rights in or to Better Buzz’s intellectual property (e.g., trademarks, copyrights) or proprietary information or materials.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that (a) you are at least 18 years of age; (b) you are the original creator of the Content; (c) you own all rights associated with the Content and/or have obtained all necessary rights and permissions from any third persons or entities who own, control, or otherwise claim any rights in and to the Content; (d) if the Content features or otherwise displays any third person’s name, voice, image, or readily identifiable likeness, you have obtained such person’s consent for the Licensees to use the Content as provided for herein; (d) the Licensees’ use of the Content pursuant these Terms will not violate the rights of any third party, including but not limited to copyright, trademark, trade secret, privacy, publicity, moral, or contractual.
You hereby waive, release, discharge, and agree to hold the Licensees harmless from any and all liability relating to the Licensees’ use of the Content.
You may not assign, delegate, or otherwise transfer for any reason any rights or obligations arising out of or relating to these Terms without Better Buzz’s prior written consent. Any such attempt or purported transfer without obtaining Better Buzz’s consent will be void. This Agreement is binding upon and inures to the benefit of the Parties and their respective heirs, personal representatives, successors, and assigns. These Terms constitute the complete, exclusive, and fully integrated statement of the Parties’ agreement. As such, it is the sole expression of their agreement, and they are not bound by any other agreements of whatsoever kind or nature. The Terms and any and all disputes relating to or arising out of the Terms, including extra-contractual claims, shall be governed by, construed, and enforced in accordance with the laws of the State of California without giving effect to its conflict of laws rules.
Any disputes arising out of or relating to these Terms must be commenced and maintained in a State or Federal court located in San Diego County, California. If any provisions of these Terms or the application thereof to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of such provision, if any, and the Terms and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. If Better Buzz does not exercise or enforce any legal right or remedy provided for in these Terms or under any applicable laws, the delay or omission will not be construed as a waiver of any rights and all remedies will remain available.
Better Buzz reserves the right to modify these Terms at any time without prior notice by posting an updated version of the Terms. Each time you consent to Better Buzz featuring your Content, you should review the most current version of the Terms posted on this webpage prior to granting Better Buzz permission.