Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the endorsedbyutah.com website and/or the “I Endorse” or related Apps (the "Service") operated by Cox for Governor and Fluid Studio LLC (Collectively the “Service Provider”, "us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content").
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by SERVICE PROVIDER.
SERVICE PROVIDER has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that endorsedbyutah.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 7 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Additional Terms and Release to use image
I, the user of the SERVICE, hereby warrant and represent that that I am over the age of 18, have full authority to execute this Release, that I have read this Release, and that by continuing with the service and/or making any submissions to the SERVICE, I have granted this Release on behalf of myself and any others wha appear in my submission(s). I hereby agree that I and all other parents or legal guardians, if any, will be bound by all releases, consents, and covenants contained in this Release.
1. Grantor hereby irrevocably grants to Cox for Governor and Fluid Studio LLC and their licensees, successors, and assigns (collectively, “SERVICE PROVIDER”) consent and full right to: a. Interview (whether written, digitally, in person, or though any other means) Grantor and to record, save, capture, archive, photograph or otherwise tape, reproduce, or take notes on such interview or interviews; b. Record, copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit (legal term) throughout the universe in perpetuity the content or product of such interviews and any materials Grantor may make available to SERVICE PROVIDER (in whole or in part, in any and all languages, and with or without credit to Grantor) in any work produced by SERVICE PROVIDER, including books, magazines, newspapers, advertisements, mosaics, art, articles, or any other publications; and/or in any and all other media now known or hereafter devised, including, without limitation, theatrical, television, print, radio, billboard, motion picture, Internet, and allied media; and in any advertising or publicity in connection therewith; with the unlimited right to reveal fully, quote directly, paraphrase, edit, review, or otherwise make use of the products of such interviews and of such materials; and c. Describe and portray, in whole or in part, Grantor and/or any episodes or biographical history of Grantor’s life and to use Grantor’s name and any pictures, photographs, or likenesses of Grantor (alone or with others, including members of Grantor’s family) from news sources, given to SERVICE PROVIDER by Grantor, or created or obtained by SERVICE PROVIDER in connection with such interviews.
2. Grantor hereby agrees that Grantor shall have no right (including, without limitation, copyright), title, or interest in or to any SERVICE PROVIDER work or publication or any material included therein pursuant to this Release and that Grantor shall have no claim of any kind or nature whatsoever against SERVICE PROVIDER based on the exercise of any rights granted hereunder. Nothing herein will constitute any obligation on the part of SERVICE PROVIDER to make any use of any of the rights set forth herein.
3. Unless Grantor has received SERVICE PROVIDER’s prior written approval, Grantor shall not issue or authorize the publication of any news story or publicity relating to this Release or SERVICE PROVIDER. Neither Grantor nor any third party controlled or licensed by or otherwise affiliated with Grantor (hereinafter, “Third Party”) shall state or imply any approval, sponsorship, or endorsement by SERVICE PROVIDER of Grantor or Grantor’s activities, nor shall Grantor or any Third Party allow any statement or inference of such approval, sponsorship, or endorsement to continue, whether such approval, sponsorship, or endorsement is stated or implied to derive from SERVICE PROVIDER or to result from SERVICE PROVIDER’s use or exercise of the rights granted by this Release.
4. Grantor represents and warrants to SERVICE PROVIDER that Grantor is the person they are representing themselves to be, is over the age of eighteen, is the primary subject, and copyright holder, or has obtained an unlimited unrestricted release by the copyright holder of any photographs submitted, whether directly, or through Facebook integrations, is free to enter into this Release and that Grantor’s performance hereunder will not conflict with any other agreement or understanding to which Grantor may be a party. In the event of any claims made by third parties, Grantor agrees to defend and indemnify SERVICE PROVIDER and to hold SERVICE PROVIDER harmless from any costs, expenses, and/or losses, including reasonable attorney’s fees and costs, incurred as a result of a breach by Grantor of any representation or warranty made in this Release.
5. Grantor hereby acknowledges and agrees that in the event of any breach or alleged breach by SERVICE PROVIDER of any of its obligations to Grantor, Grantor shall be limited to Grantor’s remedies at law for damages and shall not be entitled to terminate or rescind this Release. This Release shall be binding upon and inure to the benefit of the parties, their successors, heirs, assigns, and legal representatives and shall be governed by and construed in accordance with the laws of the State of Utah, excluding conflict-of-law principles. If any dispute arises out of or relates to this Release, the parties shall use their best efforts to settle such dispute through correspondence, mutual consultation, and other mediating efforts. If the parties are unable to resolve their dispute in this manner, both parties agree to the jurisdiction of the courts in the State of Utah for purposes of any action instituted pursuant to this Release.