Fanwall Terms and conditions
1. I agree to allow Universal Music Latino, a division of UMG Recordings, Inc., its parent, affiliates, divisions, successors and assigns (individually and collectively referred to as “UNIVERSAL”) to use my image (embodied in still photographs and/or art likeness) as submitted by me or on my behalf (collectively the “Materials”) in any UNIVERSAL promotional and advertising materials, album artwork, collage of images, posters or any other commercial and/or promotional use as determined by UNIVERSAL at its sole discretion in any manner, medium or method, now known or hereafter devised throughout the universe, including, but not limited to an on-line promotional campaign (the “Campaign”) operated by UNIVERSAL to be hosted on www.juanes.net in support of the production, exploitation, advertising, promotion, marketing, sale, license and distribution of a new record album featuring the UNIVERSAL’s artist professionally known as “Juanes” (“the Album”). I recognize that my acceptance of the terms of this Participant Release is a condition of UNIVERSAL permitting me to participant in the Campaign and for the Materials to be used in connection with the production, exploitation, advertising, promotion, marketing, sale and distribution of the Album.
2. I agree that UNIVERSAL may itself or allow others to manipulate, enhance or otherwise re-work my likeness and image in any digital or other electronic format or couple with other third party images and/or likenesses as determined by UNIVERSAL at its sole discretion. I agree that UNIVERSAL shall be the exclusive owner of all copyright and other rights in and to the Materials and all such derivatives thereof and will be able to use the Materials in perpetuity throughout the universe, including in the Campaign and the Album. Without limiting the foregoing, I hereby grant to UNIVERSAL the perpetual and worldwide right to use and license other to use my name, voice, image, photograph, likeness, caricature and any biographical facts which may have been submitted to UNIVERSAL as part of the Campaign in connection with the production, advertising, marketing, promotion and sale of the Album or for any other purpose or in any other manner.
3. I warrant and represent that (a) neither the Materials, nor anything contained therein, nor UNIVERSAL’s exploitation of the Materials will violate any law or infringe upon any third party’s rights, including, without limitation, any rights of copyright, trademark, intellectual property, privacy or publicity rights, (b) the Materials and everything contained therein is original to me or in the public domain, and I have obtained any necessary licenses, grants or permissions to use such content, (c) no content embodied in the Materials is defamatory, libelous, pornographic or obscene, (d) I am at least 18 years old (and, if I am not, my parent or legal guardian will also execute this Participant Release), and (e) if I am executing this Participant Release on behalf of a minor, then I am the parent and/or legal guardian of such minor.
4. I hereby agree not to sue and irrevocably and unconditionally Participant Release, waive and forever discharge UNIVERSAL, its sponsors, and its parent and related companies, subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, representatives, employees, successors and assigns, jointly and individually (collectively, "Releasees"), from any and all liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden, that I may now have or may hereafter have (including, but not limited to, for libel, slander, defamation, invasion of any rights of privacy, right of publicity or personality, intentional infliction of emotional distress, negligent infliction of emotional distress, infringement of copyright or violation of any other right), which arise out of or relate to the production, reproduction, exhibition, broadcast, distribution, advertising, promotion or other exploitation of the Materials by UNIVERSAL, the exercise of any rights in the Materials or the exercise of any rights granted hereunder which I ever had, now have, or in the future may have against the Releasees. I further agree that in the event I breach this agreement and/or bring a claim or lawsuit in violation of this agreement, I shall be liable for any outside attorneys' fees and costs incurred by UNIVERSAL in connection with such breach, claim or lawsuit.
5. I agree that UNIVERSAL will not be liable for any entries that are lost, delayed, illegible, corrupted, damaged, incomplete, or otherwise invalid. Further, I agree that UNIVERSAL shall not be liable for technical, hardware, or software failures of any kind or lost or unavailable network connections which may limit or prohibit my ability to upload my Materials.
6. I acknowledge and agree that the rights granted hereunder and my participation related thereto are unique, unusual, special and extraordinary, the loss of which would not be adequately compensable in damages in an action at law, and that, in addition to any rights or remedies which UNIVERSAL may have under this Participant Release or otherwise, UNIVERSAL therefore would be entitled to all available equitable remedies in case of breach or threatened breach of this Participant Release by me. No breach of this Participant Release or violation of my rights shall entitle me to terminate or rescind the rights granted to UNIVERSAL herein and in the event of any question of UNIVERSAL’s performance of its obligation hereunder, I hereby waive the right, in the event of any such breach, to equitable relief or to enjoin, restrain or interfere with the exercise or any of the rights granted herein, it being my understanding that my sole remedy shall be the right to recover monetary damages with respect to any such breach, but in any event, no consequential, punitive or special damages. I understand that this Participant Release is personal to me and shall not be assignable by me and that UNIVERSAL shall have the right to freely assign this Participant Release to any third party or entity. I further understand that this Participant Release and all matters or issues collateral thereto shall be governed by the laws of the State of California, and any action related thereto shall be under the exclusive jurisdiction of the courts of the City, County and State of California.
7. I acknowledge that I have (a) read the foregoing Participant Release and am familiar with each and all of the terms, covenants an conditions contained therein, (b) I have not been induced to execute this Participant Release by any agreements or statements made by UNIVERSAL (c) I understand that UNIVERSAL is under no obligation to exercise any of the rights, licenses and privileges granted to UNIVERSAL by me, and (d) I am satisfied that said Participant Release is fair and equitable, and I hereby give my express consent to the execution thereof and will not revoke my consent thereto at any time hereafter. This Participant Release may be executed electronically.