(the “individual” hereinafter) hereby irrevocably and perpetually grants to MRVL Spa, (the “social media publisher” hereinafter), the unrestricted right, power and authority to reproduce, publish, print, distribute, transmit, copy, or otherwise exploit, in whole or in part, in any medium known or later discovered, including but not limited to by means of digital transmission through the Internet, all photographs and videos which are described in Appendix A.
1. COPYRIGHTS AND USE OF TESTIMONIALS AND PHOTOGRAPHSThe Individual acknowledges and agrees that the Social Media Publisher may use and exploit the videos and photographs in any manner, without restriction of any kind. The Individual hereby releases and holds the Social Media Publisher harmless from and against all claims, suits, threats, demands, liabilities, actions and causes of action, in any way related to the videos and photographs or the Social Media Publisher’s use and exploitation of the photographs, including but not limited to actions based upon invasion of privacy, violation of moral rights, defamation, false light, and all other potential legal theories of any nature or type, under and state, federal or local common law, statutory law, rule, regulation or court order, whether now known and available or whether later developed, discovered or created.
2. REPRESENTATIONS AND WARRANTIESThe Individual represents and warrants that he/she is over the age of majority in the state in which this Release is executed and that the Individual has full power and authority to execute this Release. No other party has any interest or right in and to the videos or photographs or the exploitation thereof by the Social Media Publisher.
3. ENTIRE AGREEMENTThis Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes and replaces all prior discussions, agreements, proposals, understandings, whether orally or in writing, between the parties related to the subject matter of this Agreement. This Agreement may be changed, modified or amended only in a written agreement that is duly executed by authorized representatives of the parties. If any provisions hereof are deemed to be illegal or unenforceable by a court of competent jurisdiction, the enforceability of effectiveness of the remainder of the Agreement shall not be affected and this Agreement shall be enforceable without reference to the unenforceable provision. No party’s waiver of any breach or accommodation to the other party shall be deemed to be a waiver of any subsequent breach.
4. GOVERNING LAWIn interpreting the terms of this Agreement, the parties agree that the laws of Turks and Caicos Island shall be applicable. All suits brought in any court shall be in Turks and Caicos Islands. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth first above, with full knowledge of its content and significance and intending to be legally bound by the terms hereof MRVL Social Media Publisher
