Terms And Conditions
Terms And Conditions For Participation In Soffe's #TheUsProject
By submitting a photograph in connection with M.J. Soffe, LLC's #TheUsProject, you hereby accept the invitation of M.J. Soffe, LLC to participate in its #TheUsProject and agree to, acknowledge and understand as follows:
1. Your participation in Soffe's #TheUsProject is entirely voluntary and you hereby warrant that you are above the age of 13.
2. You hereby grant the following rights and permissions to M.J. Soffe, LLC and its affiliates, subsidiaries, licensees, successors and assigns, and to each of their managers, officers, employees, agents and representatives, and those acting with their authority and permission (collectively "Soffe & Affiliates") with respect to any photographs, images, electronic files or items (collectively "Photographs") that you submit to or as part of your participation in #TheUsProject, regardless of the form or method you choose to submit any such Photographs:
- You hereby grant to Soffe all right, title and interest in and to the Photographs and all physical, electronic and other material or media in or on which the Photographs are embodied or reproduced and you acknowledge and agree that all rights in the Photographs granted to Soffe are freely transferable.
- You warrant and represent that (i) you are the sole owner and/or author of the Photographs and have the authority and right to grant any and all rights to the Photographs to Soffe & Affiliates and; (ii) the Photographs are original and do not infringe, misappropriate or otherwise violate the copyright, trademark, intellectual property or other proprietary, publicity or privacy rights of any third party. With respect to any Photographs containing the intellectual property, image, name, likeness, appearance, or other identifying characteristics of any entities or individuals other than you, you have obtained any and all permissions, consents and approvals from such entities or individuals necessary to grant the rights granted to Soffe & Affiliates pursuant to these terms and conditions.
- Soffe & Affiliates shall have the exclusive right forever throughout the universe to change, adapt, modify, use, copy, distribute, display, combine with other material, and otherwise exploit the Photographs in all media and by all means, whether now known or hereafter invented or developed. You hereby waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called "moral rights" or "droit moral" with respect to the Photographs, and to the results and proceeds thereof as well as any requirement that your name be used in connection with the Photographs.
3. You hereby release, discharge, and agree to hold harmless Soffe & Affiliates from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the receipt or transfer of such Photographs or in any subsequent processing of them, as well as any use or publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy. You understand that your release extends to claims that you do not know or do not expect to exist at the time of agreeing to this release, and you hereby waive the protections of California Civil Code Section 1542, which states as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You acknowledge that this authorization, release, and agreement is irrevocable and unconditional, and you hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the rights or permissions granted pursuant to these terms and conditions, and specifically waive the right to seek injunctive or other equitable relief with respect to an breach (or alleged breach) of these terms and conditions.
You acknowledge and agree that Soffe & Affiliates shall have no obligation to actually use any Photographs and that your appearance in a Photograph and/or participation in the #TheUsProject confers upon you no rights to receive compensation of any kind.
These terms and conditions are the entire agreement between you and Soffe & Affiliates or anyone else in relation to the Photographs, and you acknowledge that in agreeing to these terms and conditions, you are not relying upon any promises, assurances, representations or statements of any kind made by Soffe or anyone else about the nature of #TheUsProject or any other aspect of #TheUsProject.