As used herein, "TruSens", "us" or "we" refers to ACCO Brands Corporation and its subsidiaries and affiliates, successors and assigns. “Content” shall refer to the picture, graphic, drawing, image, illustrations, text, video recordings, sound recordings, or other material you posted online or through social media platforms, or that you have submitted to TruSens in any manner or medium that TruSens identified to you in the message that gave you access to this License and Release (the “Message”).
TruSens is interested in the Content and would like your permission to share it. Please review the terms and conditions of this License and Release (the “License and Release”) to determine whether you wish to grant TruSens the rights and permissions set forth herein. By replying “I Accept” in response to the Message, you represent and warrant that you have the right, power, and authority to grant the rights to TruSens to use the Content in the manner set forth below; and agree to the License and Release set forth below.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you grant to TruSens as licensee an irrevocable, fully paid up, non-exclusive, world-wide, sub-licensable, transferable and royalty-free license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such Content and to incorporate the Content, as well as your likeness, picture(s), photograph(s), voice, performance, name (including, pseudonym, social media and/or Twitter or other similar handle(s) (collectively “Name”)), and/or footage of you and any other individual contained therein (the “Likeness”) in any form, medium, or technology, now known or hereafter developed, throughout the world for the purpose of marketing, distributing, and selling products or services, or for other promotional, commercial, informational or purposes, including but not limited to use in social media, website, and email, for a perpetual term. In addition, you grant TruSens the right to include your Name with the Content; provided, however, TruSens shall have no obligation to do so. TruSens is not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with the Content.
Further, you warrant and represent that:
- You are the sole owner of the Content, including but not limited to, all copyright rights therein;
- You and any persons appearing in the Content are U.S. residents;
- You and any persons appearing in the Content are at least 18 years of age or the age of majority in your state of residence and you have obtained any necessary releases from any person(s) appearing in the Content or, if such persons are minors, you are or have obtained from the person who is, the parent or legal guardian, the authorization and release for any such minor who appears in the Content by agreeing to this License and Release TruSens will have the necessary permission to feature such persons in the Content and you will provide such authorization(s) upon TruSens’ request;
- Your license of the Content to TruSens and the use by TruSens of the Content as contemplated by the license will not infringe any third party’s rights;
- There are no pending or threatened lawsuits concerning any aspect of the Content;
- You were in compliance with the terms and conditions of the platform(s) where the Content was originally posted;
- You are a bona fide user of the TruSens product depicted or described in the Content;
- There is no connection between you and TruSens which might materially affect the weight or credibility of any statement made by you in the Content; and
- If the Content expresses an opinion about the TruSens product, it reflects your honest, opinions, findings, beliefs, or experience with the TruSens product.
You expressly release and forever waive any and all claims, actions, causes of action, demands, rights, damages, costs, attorney’s fees, losses and expenses which you may have against TruSens and each of their respective employees, officers, directors, employees, representatives and agents including, but not limited to, based upon the ownership of and/or use of the Content and/or Likenesses granted to TruSens hereunder, including, but not limited to, any claims for damages for libel, defamation, infringement of the right of publicity, invasion of privacy. You understand that you shall have no right of approval, and no claim (including, but not limited to, claims based upon right of approval, defamation, or right of publicity) arising out of any use or any blurring, distortion, alteration, optical illusion, or use in composite form, whether or not intentional, of the Content and/or Likenesses. You hereby waive the benefits of any statute or law that purports to limit the effect of this Release and waive the benefit of any provision of law known as “moral rights” or similar laws, including without limitation accreditation.
By replying “I Agree”, you unconditionally accept this License and Release and it shall constitute the entire understanding of you and TruSens with respect to the subject matter herein. Removing your Content from the platform on which it was originally provided shall not serve to void, terminate, or alter this License and Release or the enforcement thereof. This License and Release shall be binding upon and inure to the benefit of you and TruSens and their respective successors and heirs.
IF YOU DO NOT OWN OR HAVE AUTHORIZATION TO GRANT THE RIGHTS AND PERMISSIONS DESCRIBED HEREIN AND/OR DO NOT WANT TO GRANT TRUSENS SUCH RIGHTS, DO NOT REPLY “I AGREE” TO THE TRUSENS USAGE REQUEST MESSAGE.