ROBO KONG IMAGE RELEASE AGREEMENT
BY PARTICIPATING IN THE ROBO KONG GAME AS A USER CONTROLLING THE CHARACTER IN THE GAME, YOU AGREE TO THE TERMS OF THIS IMAGE RELEASE AGREEMENT (“Agreement”). If you do not agree to the terms, do not participate in Robo Kong.
1. Image Grant & Release.
By signing this Agreement, Participant authorizes 1800N0TH1NG, to use the following: (a) Participant’s images including, but not limited to, photographic, motion picture and electronic (video), streaming images; (b) Participant’s voice including, but not limited to, sound and video recordings and streaming; and (c) Participant’s name, likensess, actions, activities, statements and biography (“Materials”).
In consideration of the Participant’s involvement and for 1800N0TH1NG’s use of the Materials, Participant grants to 1800N0TH1NG, its affiliates, successors and assigns, the absolute right and permission to the copyright, in their name or otherwise, and use, re-use, to publish, and re-publish, reproduce, copy, exhibit, stream or otherwise distribute in all forms and medium, including but not limited to the World Wide Web, the Materials, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with Participant’s own or a fictitious name (including, without limitation, for identification and caption purposes) or reproductions thereof in color or otherwise, made through any medium, and in any and all media now or hereafter known for illustration, promotion, art, advertising, trade, or any other purpose whatsoever. Participant hereby declares this consent to be irrevocable. This release extends to all langauages, media, formats and markets now known or hereafter devised. This permission shall continue in perpetuity.
Participant further grants to 1800N0TH1NG the right to use the Materials for marketing, communications or advertising purposes as 1800N0TH1NG deems fit.
Participant hereby releases, discharges and agrees to save harmless 1800N0TH1NG, its affiliates, successors and assigns, 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 any of the Materials or in any subsequent processing of the Materials, including without limitation any claims for libel or invasion of privacy.
Participant hereby waives any right that Participant may have to inspect or approve the finished product or products and the use of the Materials.
PARTICIPANT HEREBY EXPRESSLY WAIVES ANY ENTITLEMENT OR CLAIM TO ANY COMPENSATION, TAXES, INSURANCE OR BENEFITS FROM 1800N0TH1NG, INCLUDING WITHOUT LIMITATION ANY ENTITLEMENT OR CLAIM TO PARTICIPATION IN AND BENEFITS PROVIDED BY (1) ANY 1800N0TH1NG 401(k) PLAN; (2) ANY 1800N0TH1NG EMPLOYEE HEALTH BENEFIT PLAN; (3) ANY 1800N0TH1NG LONG-TERM DISABILITY PLAN; (4) THE 1800N0TH1NG LIFE INSURANCE PLAN; (5) ANY 1800N0TH1NG EMPLOYEE STOCK PURCHASE PLAN OR EMPLOYEE STOCK OPTION PLAN; AND (6) ANY OTHER ERISA OR NON-ERISA BENEFITS.
3.1 As used in this Agreement, “Confidential Information” means all nonpublic information disclosed by or relating to 1800N0TH1NG and each entity that controls, is controlled by or is under common control with 1800N0TH1NG (a “1800N0TH1NG Group Company”) that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential Information includes, without limitation (i) all nonpublic information relating to any 1800N0TH1NG apps, programs, games, technology, customers, business plans, promotional and marketing activities, finances and other business affairs, and (ii) all third-party information that 1800N0TH1NG is obligated to keep confidential.
3.2 Participant may use Confidential Information only in connection with his/her participation with 1800N0TH1NG. Except as expressly provided in this Agreement, Participant will not disclose Confidential Information to anyone without 1800N0TH1NG’s prior written consent. Participant will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Confidential Information.
3.3 All Confidential Information will remain the exclusive property of the 1800N0TH1NG.
This Agreement may be amended only in writing, signed by 1800N0TH1NG and Participant.
All obligations of Participant hereunder shall survive termination of this Agreement.
No waiver of any provision of this Agreement or any right or obligation of a party hereunder shall be effective unless made in writing by the waiving party.
Participant acknowledges that this Agreement will not create a partnership, joint venture, agency or employment relationship between Participant and 1800N0TH1NG.
Participant has no authority to enter into any agreement on 1800N0TH1NG’s behalf.
This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and supersedes any previous agreements regarding such subject matter, may be modified only by a writing signed by both parties, and will be governed in all respects by the laws of the State of California, without regard to any rules governing conflicts of laws. Participant irrevocably submits to venue and exclusive personal jurisdiction in the federal and state courts in the State of California, Los Angeles County, for any dispute arising out of this Agreement, and waives all objections to jurisdiction and venue of such courts.
If a provision of this Agreement is held invalid under any applicable law, such invalidity will not affect any other provision of this Agreement that can be given effect without the invalid provision. Further, all terms and conditions of the Agreement will be deemed enforceable to the fullest extent permissible under applicable law, and, when necessary, the court is requested to reform any and all terms or conditions to give them such effect.
Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §§ 1280 et seq., as modified by this provision. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute, and except as otherwise stated in this provision, the arbitration will be conducted in accordance with the rules of the organization that is selected. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Nothing in this paragraph shall affect either party’s ability to seek from a court injunctive or equitable relief at any time to the extent same is not precluded by another provision of this agreement.
Last Updated: June 20, 2016