Any person uploading a photograph to our website hereby grant permission to Earth Day Network, Inc. (EDN) as follows: I hereby grant EDN permission to use my picture, photograph, silhouette and other reproductions of my physical likeness as part of the series tentatively entitled Face of Climate Change (the “Picture”) and the unlimited distribution, advertising, promotion, assignment, exhibition and exploitation of the Picture, in perpetuity, by any method or device now known or hereafter devised in which the same may be used, and/or incorporated and/or exhibited and/or exploited.

 

I agree that I will not assert or maintain against you, your successors, directors, employees, investors, managers, assigns or licensees, any claim, action, suit or demand of any kind or nature whatsoever, including but not limited to, those grounded upon invasion of privacy, rights of publicity or other civil rights, or for any other reason in connection with your use of my physical likeness in the Picture as herein provided.  I hereby release you, your successors, employees, investors, managers, assigns and licensees from all causes of action, costs and expenses whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, which I ever had, now have, or may, shall or hereafter have by reason, matter, cause or thing arising out of your use as herein provided.  I waive all rights to inspect or approve the materials bearing my likeness as herein granted, and the uses thereof.

 

I represent and warrant that any photograph(s) provided to EDN by me (the “Provided Materials”) do not and will not infringe upon the copyright, trademark, or any other rights of any person or entity, and that I own all rights in and to the Provided Materials and am free and able to convey the rights granted herein.  I further represent and warrant that the Provided Materials do not and will not constitute a libel or slander of any person or entity or infringe upon or violate the right of privacy or any other right of any person or entity.

 

I shall indemnify EDN against any and all liability, damages, costs and expenses (including reasonable outside attorneys’ fees and costs) in connection with any third party claim or action arising out of the (i) use or exploitation of the Provided Materials, or (ii) breach of any of my representations, warranties or agreements herein.

 

You acknowledge and agree that nothing herein obligates EDN to use or exploit any of the Provided Materials for any purpose.  You acknowledge and agree that this agreement and any of the rights and obligations described hereunder may be assigned, in whole or in part, to any person or entity affiliated with EDN.  You acknowledge and agree that you shall be limited to an action for money damages for any breach of this agreement and shall not be entitled to equitable or injunctive relief.

 

I affirm that neither I, nor anyone acting for me, gave or agreed to give anything of value to you or any of your directors or employees for arranging my appearance in the Picture.

I hereby acknowledge that I have read this Personal Release, understand all of the terms and conditions hereof, and allege that this Personal Release is fair, just and equitable, and is entered into freely and voluntarily.  I approve and affirm this Personal Release.

 

I hereby represent that I am 13 years old or older.  Anyone under the age of 13 must email webmaster@earthday.org to receive a parental consent form which must be signed and submitted to EDN prior to any photo upload.