LICENSEYou hereby grant Jackson Galaxy Enterprises, Inc. (“JGE”) a worldwide, perpetual, royalty-free, sublicensable license to reproduce and publish the Photo on the Jackson Galaxy website and social media pages, sizzle reels, vlogs and other online materials featuring Jackson Galaxy. These rights are irrevocable, but, as between you and JGE, you remain the owner of the Photo. You acknowledge and agree that JGE may crop or otherwise edit the Photo, provided such cropping or editing does not substantially alter the nature of the Photo. JGE shall have no obligation to use the Photo in any way. You will not be entitled to any payment in connection with any use of the Photo pursuant to these terms and conditions.
REPRESENTATIONS AND WARRANTIESYou hereby represent and warrant that (i) the Photo is your original creation and does not infringe on the rights of any third party or violate any laws, (ii) the Photo does not feature any individuals other than yourself and your cat(s), (iii) all information you provide in connection with the Photo is accurate and truthful, and (iv) you are 18 years of age or older (if you are agreeing to these terms and conditions on behalf of a minor, you certify to JGE that you are such minor’s legal guardian). You acknowledge and agree that your first name, city and cat’s name, as provided by you, may be included with any use of the Photo. You agree to indemnify and hold JGE harmless from and against any claims, liability, costs, damages and expenses arising from a breach of the foregoing representations and warranties.
LIMITATION OF LIABILITYIN NO EVENT SHALL JGE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH USE OF THE PHOTO FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT JGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
MISCELLANEOUSAny dispute relating to the Photo shall be governed by the laws of the State of California, without regard to conflict of laws provisions thereof. You consent to exclusive jurisdiction and venue in the courts located in Los Angeles, California. If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect. These terms and conditions represent the entire agreement of the parties with regard to the Photo and may not be modified other than in a writing signed by both parties.