8. Your Information and Likeness
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“Your Information” is defined as any information and materials you provide to
Company or other Users in connection with your registration for and use of the
Service, including without limitation that posted or transmitted for use in Public
Areas. You are solely responsible for Your Information, and we act merely as a
passive conduit for your online distribution and publication of Your Information.
The information and materials described in this Section, as provided by each User,
is collectively referred to herein as “User Generated Content.” You hereby represent
and warrant to Company that Your Information (a) will not be false, inaccurate,
incomplete or misleading; (b) will not be fraudulent or involve the sale of
counterfeit or stolen items; (c) will not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary right or rights of publicity or
privacy; (d) will not violate any law, statute, ordinance, or regulation (including
without limitation those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising); (e) will not be defamatory,
libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene
or contain child pornography or be harmful to minors; (g) will not contain any
viruses, Trojan Horses, worms, time bombs, cancel bots or other computer programming
routines that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information; and (h) will not
create liability for Company or cause Company to lose (in whole or in part) the
services of its ISPs or other partners or suppliers.
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The Service hosts User Generated Content relating to reviews of specific Wesabi-pro.
Such reviews are opinions and not the opinion of Company, have not been verified or
approved by Company and each Client should undertake their own research to be
satisfied that a specific Wesabi-pro is the right person for a Task. You agree that
Company is not liable for any User Generated Content.
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You hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to exercise all
copyright, publicity rights, and any other rights you have in Your Information, in
any media now known or not currently known in order to perform and improve upon the
Service.
Each Wesabi-Pro who provides to the Company any videotape, film, record, photograph,
voice, or all related instrumental, musical, or other sound effects, in exchange for
the right to use the Service, hereby irrevocably grants to the Company the
non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide,
unrestricted, and perpetual right to:
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Use any videotape, film, record or photograph that such Wesabi-pro provides to the
Company, and use, reproduce, modify, or creative derivatives of such Wesabi-pro
picture, silhouette and other reproductions of their physical likeness (as the same
may appear in any still camera photograph and/or motion picture film or video)
(collectively the “Physical Likeness”), in and in connection with the exhibition,
distribution, display, performance, transmission, broadcasting on any and all media,
including, without limitation, the internet, of any videos or images of such
Wesabi-pro in connection with the Service. Reproduce in all media any recordings of
such Wesabi-pro’s voice, and all related instrumental, musical, or other sound
effects (collectively, the “Voice”), made in connection with the Service. Use, and
permit to be used, such Wesabi-pro’s Physical Likeness and Voice in the advertising,
marketing, and/or publicizing of the Service in any media. Use, and permit to be
used, such Wesabi-pro’s name and identity in connection with the Service.
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Each Wesabi-pro hereby waives all rights and releases the Company from, and shall
neither sue nor bring any proceeding against any such parties for, any claim or
cause of action, whether now known or unknown, for defamation, invasion of right to
privacy, publicity or personality or any similar matter, or based upon or relating
to the use and exploitation of such Wesabi-pro’s identity, likeness or voice in
connection with the Service.
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Each Wesabi-pro acknowledges that the Company shall not owe any financial or other
remuneration for using the recordings provided hereunder by such Wesabi-pro, either
for initial or subsequent transmission or playback, and further acknowledges that
the Company is not responsible for any expense or liability incurred as a result of
such Wesabi-pro’s recordings or participation in any recordings, including any loss
of such recording data.