MATERIALS RELEASE
For good and valuable consideration the receipt of which is hereby acknowledged, the undersigned hereby irrevocably grants to Uber Technologies, Inc. (“Uber”) and its affiliated companies, successors, assigns and licensees (collectively, the “Uber Parties” and each, individually, an “Uber Party”), worldwide, non-exclusive rights to mention, refer to, edit, modify, translate, add to and otherwise exploit and/or use, and permit others to use the undersigned’s name, image, photograph, video, statements, and insignia of the undersigned, as well as the elements, products, video footagecopyrighted material and/or other material(s) in the video the undersigned uploaded to www.independentdriver.org, and any and all elements contained therein, in whole or in part, (collectively, the “Materials”), in any manner within and in connection with the advertising, marketing and promotion of the Uber Parties and their products and services (the “Uber Properties”), in any and all media now known or hereafter devised, including but not limited to out of home advertising, television, and social media, throughout the universe in perpetuity.
The undersigned acknowledges that this agreement shall not put the Uber Parties in a more restricted position than a member of the general public with respect to any rights in the Material(s).
The undersigned represents and warrants that: (i) the undersigned has the full right and authority, either as owner or as agent of the owner, to grant the rights granted in this agreement; (ii) the Materials are free and clear of any liens or other third party claims; (iii) any such use as authorized herein will not give rise to any claims of infringement, invasion of privacy or publicity, claims for payment of any monies such as re-use fees or residuals, or any other claims; (iv) no third party permissions or licenses are required in connection with this agreement and/or any such use; and (v) to the extent the Materials contain any statements from me about my experience with Uber, its products or services, that my testimonial reflects my honest opinions, findings, beliefs or experience and was no way influenced by Uber, its employees, agents, assigns or those acting on its behalf. The undersigned agrees to indemnify, defend and hold the Uber Parties harmless from and against any claims, damages or expenses (including reasonable costs and outside attorney’s fees) arising out of a breach of this agreement and/or alleged breach of the representations and warranties provided herein.
The undersigned acknowledges that none of the Uber Parties have any obligation to use the Materials, or any portion thereof, in or in connection with the Uber Properties, and that each Uber Party may use such Material(s), or any portion thereof, in its sole discretion and may make non-substantive edits, including but not limited to cutting certain words or using slightly different phrasing. The undersigned further acknowledges that any use of the Material(s) in connection with the Uber Properties does not constitute and shall not be considered an endorsement of the Material(s) or the undersigned by any Uber Party.
In no event shall the undersigned have the right to enjoin the distribution or exploitation of Uber’s use of the Material, and the undersigned hereby waives any right to equitable or injunctive relief in the event of any breach, termination or cancellation of this agreement. This agreement constitutes the entire agreement between the parties hereto and supersedes all prior agreements, written or oral, with respect to the subject matter hereof and may not be modified except by an instrument in writing signed by the undersigned and Uber. This agreement shall be binding on all of the undersigned’s successors-in-interest and heirs. This agreement, its validity, construction and effect shall be governed by the laws of the State of California without regard to its conflict of laws principles. Each party consents to exclusive jurisdiction and venue in the state and federal courts sitting in San Francisco County, California.
The undersigned agrees that Uber or its representatives may contact the undersigned by email, phone, or SMS at the email address or number provided, including for marketing purposes. The undersigned understands that as always, their personal information will be treated in accordance with Uber’s Privacy Statement.
Posted by Uber
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