Media Rights Agreement (this “Agreement”)
We love your image (your “Image”) and know others will benefit from seeing it on our website, social media channels, and retailers’ websites. As you consider allowing us to publish your Image, we want to make sure you know how we intend to use it. By replying to our Instagram post below your Image with #yesrussianpointe, you are confirming your agreement to the terms of this Agreement. If you don’t agree to these terms, we completely understand and no further action is required. Thanks again and please email us at firstname.lastname@example.org if you have any questions.
- You grant Russian Pointe, Inc., an Illinois corporation, its affiliates, subsidiaries, assigns, and those acting on its behalf (collectively, Russian Pointe), a non-exclusive and non-revocable license to reproduce your Image in any form or manner (including, but not limited to, advertising or promotions, video, internet posting, reproduction, display, email, publication, packaging, sales, and distribution), either through Russian Pointe’s own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation. You agree that your Image may be used by Russian Pointeeither alone or in conjunction with sketches, cartoons, captions, films, artwork, textual matter, or other photographs or other media. While Russian Pointe may give you credit for your Image and provide a link back to your Instagram account, you agree that such credit is not an obligation of Russian Pointe and your permission for Russian Pointe to use your Image is not contingent upon such credit being given.
- You understand that Russian Pointe may alter your Image for any use, and you waive any right to inspect or approve your Image as it is altered or any medium, product, or finished work on which your Image appears or may be applied. Further, you waive any claims to royalties with regard to your Image or Russian Pointe’s finished work on which your Image appears. The rights granted, and waivers and consents given, herein are unlimited in time and worldwide in scope.
- You represent and warrant: (1) that your Image is your original work and no one else has a claim of ownership to your Image or other rights which could prevent you from granting us the License described in this Agreement; (2) you have not copied your Image from other images of which you did not have ownership or the right to so copy; (3) you have obtained written signed release(s) from each subject minor person or pet (or their respective legal representative) who appears in your Image or have authority (they are your pets or kids) to release rights on behalf of each subject and you do hereby release such rights on the subject’s behalf.
You agree that if any provision or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of this Agreement shall remain in full force and effect. In the event any litigation or other proceeding with respect to this Agreement and/or any matters arising under or related to this Agreement, the prevailing party in such litigation or proceeding shall be entitled to recover from the non-prevailing party all its reasonable fees, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and expenses) incurred in connection with such proceeding, in addition to such other relief as may be recovered. Any claims, legal proceeding, or litigation arising in connection with this Agreement may only be brought in the Circuit Court of Cook County, Illinois, United States of America, and you consent to the jurisdiction and venue of such court with respect to any such proceeding. All questions concerning the construction, validity, and interpretation of this Agreement shall be governed by the internal law, not the law of conflicts, of the State of Illinois, United States of America.