By submitting these photos, statements and/or other materials (“Materials”) to P.volve, LLC (“P.volve”), I grant permission to P.volve and its affiliates, successors and assigns, the irrevocable, worldwide right and license to reproduce, edit, alter, copy, exhibit, publish, distribute, and make use of the Materials for the purpose of publication, promotion, illustration or advertising, in any manner or in any medium, including, but not limited to, advertisements, websites, social networking or media sites, and other print and digital communications without payment or any other consideration or right of approval. I waive all moral rights in the Materials and grant all other rights, authorizations or permissions it may otherwise be necessary or desirable to give (including, but not limited to, in respect of performers' property and other rights).
I represent and warrant that (i) the Materials will not violate any copyright, trademark, performers’ or other proprietary right of any third party or violate any right of privacy or publicity or any applicable law, (ii) the Materials are my original work, (iii) that I have sufficient rights as would be necessary for P.volve to use, reproduce, edit, modify, publicly perform, publicly display, publish, create derivative works from, distribute and broadcast the Materials, and otherwise exploit them worldwide and in perpetuity, (iv) the Materials do not contain any disparaging, pornographic, defamatory and/or offensive material, (v) photographs are un-manipulated and unedited and have not been modified in any way, including without limitation by use of Photoshop or other image editing software, and (vi) the Materials are accurate, truthful, not misleading, and reflect my honest views and personal experiences with P.volve’s products and services. If and to the extent that P.volve shall require, for the purpose of complying with any applicable requirements, I will furnish appropriate affidavits attesting to the aforesaid. I understand that in the US the Federal Trade Commission has issued Guides Concerning the Use of Endorsements and Testimonials in Advertising and in the UK the Consumer and Markets Authority and Advertising Standards Authority have issued codes or practice and guidance (“FTC/CMA/ASA Endorsement Guides”) which may be applicable to use of the Materials and I agree to make, and hereby consent to P.volve making, any disclosures that may be required to comply with the FTC/CMA/ASA Endorsement Guides and any other laws, regulations or government guidance issued now or in the future.
I understand that I will not receive any monetary compensation for the permissions and waivers I am granting herein. I understand that I cannot withdraw my permissions, consents, and waivers after I sign this form and that such permissions, consents, and waivers are binding on me and my heirs, legal representatives and assigns.
To the fullest extent permitted by applicable law, I expressly release, waive, discharge and covenant not to sue P.volve, its directors, officers, shareholders, employees, agents, volunteers and designees and their respective representatives, successors, assigns and affiliates from any and all claims, liabilities, causes of action, costs and expenses, at law or in equity, known or unknown, that I may now or hereafter have, arising out of or in any way connected with the above granted uses, including without limitation, any claims for invasion of privacy, libel or defamation, or that P.volve violated any of my copyrights or other intellectual property or proprietary rights.
I understand that P.volve has no obligation to post or use the Materials with or without your name in any manner.
I have read the foregoing and understand its terms and stipulations and by submitting the Materials agree to all of them.
DATA PROTECTION NOTICE FOR UK SUBSCRIBERS
I acknowledge that to the extent that any of my personal data (as defined under the General Data Protection Regulation 2016/679 and the Data Protection Act 2018 (“data protection law”) is: (i) contained within the Materials (Media Data); or (ii) otherwise collected on or in connection with this Release (Contract Data); P.volve shall process my personal data as data controller in accordance with data protection law. P.volve has a legitimate interest in using my personal data for its marketing purposes described above. It may also do so to fulfil its legal obligations. Recipients of my personal data in addition to P.volve will be the third party providers producing and distributing the marketing. P.volve will only share my personal data with other recipients with a lawful basis under data protection law. Subject to legal and tax obligations, if P.volve decides not to use my Media Data it will be deleted, but if my Media Data is included in such marketing it may be used for as long as required for that purpose and/or may be archived in accordance with data protection law and my Contract Data may be retained for the duration of any rights in my Media Data. More information on how P.volve uses personal data and my rights (as to access, rectification, erasure, restriction of processing, objection to processing, profiling and automated decisions and, if applicable, portability) in respect of that are set out in P.volve’s [GDPR Privacy Notice].