Testimonial and Submitted Artwork Release
By sending us your: (a) product reviews, testimonials, comments and/or feedback (collectively, "Reviews and Feedback"); and/or (b) original artwork ("Submitted Artwork," and together with the Reviews and Feedback, the "Submitted Material"), you irrevocably grant to Hard Jewelry LLC ("Hard Jewelry") the right to use the Submitted Material, as well as your name and any biographical material, in any and all forms of marketing and promotional material including, without limitation, website publications, print advertisements ("ads"), online ads, television ads, radio ads, interactive media, as well as extracts and reproductions of any portion thereof, and for any and all other uses.
You certify to Hard Jewelry that everything contained in the Reviews and Feedback is true and an expression of your personal belief. You acknowledge and agree that at no time did Hard Jewelry provide you with any consultation, advice or guidance with respect to the substance of the Reviews and Feedback. You acknowledge and agree that you are not: (i) an employee, officer or director of Hard Jewelry; (ii) an immediate family member of an employee, officer or director of Hard Jewelry; or (iii) living in the same household with an employee, officer or director of Hard Jewelry.
You represent and warrant that: (A) the Submitted Artwork does not infringe upon any third party's intellectual property or other proprietary rights, or violate any third party's right of publicity or right of privacy; and (B) the Submitted Artwork is free and clear of any lien, pledge, security interest, license, claim, equitable interest, charge or other restriction of any nature or kind whatsoever.
You understand and agree that the Submitted Material, in whole or in part, may be modified, embellished, edited and/or dramatized, and that any part of the Submitted Material may be used without compensation to you. You agree that no ad, product, service or material incorporating or making reference to the Submitted Material need be submitted to you for approval and Hard Jewelry shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Submitted Material.
You expressly release Hard Jewelry from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement, trademark infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, ad or promotion utilizing or incorporating the Submitted Material, or any other use of the Submitted Material whatsoever. You acknowledge and agree that Hard Jewelry shall not be liable for any causes of action or claims related to your decision to provide the Submitted Material to Hard Jewelry.
You represent and warrant that: (1) you have read this Testimonial and Submitted Artwork Release ("Release") prior to providing your Submitted Material to Hard Jewelry; (2) you are fully familiar with the contents of, and consequences associated with, same; and (3) you have full right, power and legal capacity to execute this Release and to grant the license and other rights described above, without violating any law or contract, or infringing upon the rights of any other person. You certify that you are eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction of residence) or older.
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