Manly Bands Testimonial Terms and Conditions
Thank you for submitting to Manly Bands, LLC (the “Manly Bands”).
The following terms and conditions (“Testimonial Terms and Conditions”) apply to your submission of your written, picture or video testimonials (“Testimonials”) for use on this Website (the “Website”) and elsewhere, in any and all media, by Manly Bands. By submitting a Testimonial, you agree to these Testimonial Terms and Conditions. The Testimonial Terms and Conditions are supplemental to and made a part of Terms of Service for the Manly Bands Website (the “Site User Terms”); in the case of a conflict between these Testimonial Terms and Conditions and the Site User Terms, the Site User Terms will take precedence.
1. Eligibility: Only legal U.S. residents of the fifty (50) United States and District of Columbia who are at least eighteen (18) years of age or older at the time of entry are submit Testimonials. By your entry, you acknowledge and agree that you are abiding by the foregoing.
2. Ownership of Testimonial: Upon submitting your Testimonial, you hereby assign to Manly Bands, all of your right, title and interest in and to your Testimonial, including all copyrights and other intellectual property rights therein, with full authority for Manly Bands to copyright, reproduce, publish, make derivative works of, or otherwise use, in any manner and via any form of media Manly Bands deems advisable, for any purpose, throughout the world, all or any part of your Testimonial, in perpetuity. For clarity, by providing this Testimonial, you understands and agree that you are granting and assigning the copyright in the Testimonial to Manly Bands, and that hereinafter, Manly Bands shall be deemed to be the owner of the Testimonial created by you, and such Testimonial shall be deemed assigned to Manly Bands under the U.S. Copyright Act (17 U.S.C. § 101 et seq.), and any other applicable copyright law worldwide, for all registrations, renewals thereof, and otherwise.
3. Release: By submitting a Testimonial hereunder, you agree that Manly Bands may use and publish your name, voice, photograph, drawing or other likeness of you and any descriptive, biographical or other written materials you provide, and all associated rights of personality or publicity, in any manner Manly Bands may deem advisable in connection with its use of your Testimonial. You agree that you are not entitled to any financial compensation for Manly Bands use of your Testimonial. You agree that Manly Bands may use your Testimonial with or without your name, and may make reasonable edits or alterations to your Testimonial, provided that the meaning of your comments and statements is not substantially changed. You hereby waive any right of approval with respect to use of your Testimonial and any materials created by Manly Bands in connection with your Testimonial, and you hereby release and agree to hold harmless Manly Bands, its agents, employees and assigns, and anyone authorized by any of them, from any and all claims, rights, demands, damages, actions or liability which you, your heirs, executors, administrators or assigns, may have in connection with such use of the Testimonial, the resulting advertising relating to or embodying such Testimonial, or these Testimonial Terms and Conditions. You understand that Manly Bands has no obligation to use your Testimonial, and may elect to use or not to use your Testimonial (or any derivative work created from your Testimonial) in Manly Bands sole discretion.
4. Representations and Warranties:
- You represent and affirm that:
- you, and only you, made your Testimonial voluntarily;
- it contains your own opinion;
- it is based on your own experience(s) with Manly Bands or one of its products and/or services;
- and it is true and correct to the best of your knowledge. You represent and affirm that you will contact Manly Bands in writing, if at any time your opinion about Manly Bands or its products and/or services, as expressed in your Testimonial, should change and you wish to retract your Testimonial. You represent and affirm that your beliefs were not influenced in any manner and that, other than as expressed in these Testimonial Terms and Conditions, you have not received nor have been promised anything of value in exchange for making your Testimonial. You further represent and affirm that the facts stated about you in your Testimonial are substantially true and accurate, and that neither you nor any member of your family is an employee of Manly Bands.
- You represent and warrant that you are the original creator of your Testimonial, and have the right, title and license to grant these rights in the testimonial to Manly Bands and further, that your Testimonial does not:
- infringe any copyright or other intellectual property right of any other person or company;
- contain defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material;
- violate the privacy of any individual;
- disparage or otherwise refer to any other company, product, or service; and/or
- contain any malicious code or other technical means of impairing, damaging, or obtaining unauthorized access to any computer or computer system. You further represent and warrant that these Testimonial Terms and Conditions, and your compliance with them, do not in any way conflict with any existing commitments on your part; and that you have the full right to enter into this agreement without violating the legal or equitable rights of any third party.
- Indemnity: You agree to indemnity and defend the Company against any and all claims by third parties arising out of or in connection with your Testimonial, including but not limited to any claim arising out of such infringement or suspected infringement of any third party’s right, except to the extent such claims arise from the Company’s editing or alteration of your Testimonial. For clarity, if your Testimonial is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend Manly Bands, or settle for the benefit of Manly Bands, against such claims (following Manly Bands tender to you, of such indemnification obligation relating to such claim). The foregoing indemnification obligation is in addition to any other indemnification obligations you may owe to Manly Bands under any other terms and conditions.
- Third Parties: Manly Bands may engage with third party providers in connection with accepting, storing, processing, posting, and using Testimonials, and you acknowledge and agree that Manly Bands may store or otherwise upload a Testimonial to a third party provider of services relating to the foregoing.
- Disputes: THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE US AND THE STATE OF UTAH WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of your providing your Testimonial, you agree that if any and all disputes cannot be resolved between the parties, and causes of action arising out of or connected with this Testimonial, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Utah, having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses. You further waive all rights to have damages multiplied or increased.