Content Creator Terms of Service
Welcome to Gametime United, the mobile and web service of Gametime United, Inc. (“Gametime United,” “we,” or “us”). This page explains the terms by which you agree to allow the content created in partnership with you ("the Creator"), and our mobile applications, social channels, in connection with the Content Creator Terms of Service Agreement (collectively the “Agreement”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. I give and grant to Gametime United Inc. (“Company”) and its agents, affiliates, licensees, sub-licensees, successors and assigns (collectively the “licensed parties”), the right to use, publish, and otherwise exploit my picture, portrait, image, likeness, name and all other indicia of my identity however depicted or recorded in all media and types of advertising, whether now known or hereafter developed, to advertise and promote Company’s products and services throughout the world, for a period specified in section above labeled “payment” commencing with the date of Company’s first such use publication or exploitation (“Term”), unless extended pursuant to the above terms
2. I agree that all intellectual property rights associated with all photographs, videotape, film and recordings (including but not limited to digital recordings) or other reproductions of me used, taken or created by or at the direction of the licensed parties pursuant to the terms of this Agreement are owned by the content creator.
3. I agree that no advertisement or other material depicting me need be submitted to me for approval, and the licensed parties shall be without liability to me for any illusionary effect or other adverse result resulting from the usage, publication or exploitation of my picture, portrait or likeness.
4. I warrant and represent that this license (a) does not in any way conflict with any existing commitment on my part; (b) is not subject to any third-party approval; and (c) does not require any payment or other consideration to any third party.
5. I hereby grant all consents in relation to rights in any performance and irrevocably and unconditionally waive any moral rights and/or other rights that I may have to inspect and/or approve the finished work or the advertising copy that may be used with the finished work. In the event of any claim by me against the licensed parties, I agree that my remedy will be limited to damages, if any, and I agree not to enjoin, rescind, or otherwise interfere with the use of my image by the licensed parties.
6. Nothing herein will constitute any obligation on the licensed parties to make any use of the rights set forth herein.
7. I warrant and represent that (a) I am at least eighteen (18) years old; and (b) I have the full right and legal capacity to sign this Agreement on my own behalf and without the consent of any other person. I certify that this Agreement constitutes the sole, complete, and exclusive agreement between the Company and myself regarding the topics covered by this Agreement and that I am not relying on any other oral or written representation.
8. I agree to hold the Company and the licensed parties harmless from and against any liability based on any personal, property, residual, re-use or other right which I have or may have by virtue of any such use, publication, or exploitation of my picture, portrait, image, likeness, name and all other indicia of my identity, or any portion thereof. In addition, I release the Company and the licensed parties and hold the Company and the licensed parties harmless from and against any claim arising out of any acts or statements made in connection with such use, publication, or exploitation (including, but not limited to, defamation, invasion of privacy, and the like). I agree that the Company may assign this Agreement to another person or entity. This Agreement shall be binding upon me and my heirs, legal representatives, and assigns.
9. This Agreement, which is in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. This Agreement shall be governed by the laws of the state of California, without regard to choice of law principles, and the applicable federal laws and international treaties of the United States of America, including the Berne Convention or the Protection of Literary and Artistic Works (Paris 1971) to the extent applicable. The federal or state courts of the state of Illinois shall have exclusive jurisdiction to settle any disputes, which may arise out of or in connection with this Agreement. If I am a resident of another country, I voluntarily waive any rights that I may have under the laws of that country for this Agreement to be written in the language of that country.