RealSelf, Inc./ Photo Consent Agreement
To give permission to RealSelf to upload photos from your website to your RealSelf photo gallery, please fill in the form below.
There is a $95 fee for this service which covers up the upload of up to 100 photos (50 sets of photos).
TERMS & CONDITIONS
This CONTENT AGREEMENT (the “Agreement”) is made by and between RealSelf, Inc. (“Licensee” or “RealSelf”) and the person or entity listed on the form submitted and is effective as of the later of the dates set forth under the signature of the parties on the submission (the “Effective Date”).
This Agreement is between Content Producer and RealSelf for the use by RealSelf of “before and after” pictorial works created by Content Producer and identified in the submitted form (the “Content”). By giving the Content to RealSelf, Content Producer desires that RealSelf use and publish the Content on the RealSelf website. Content Producer shall deliver the Content as set forth in the submitted form from time to time. In exchange for Content Producer giving the Content to RealSelf, RealSelf shall publish the Content on the Content Producer’s photo gallery on the RealSelf Site for advertising and marketing purposes. The Content given to RealSelf by the Content Producer is governed by the terms of this Agreement and RealSelf’s policies (including “Before and After Uploading Rules”), Community Guidelines and Terms of Service, (which are incorporated herein) (“RealSelf Policies”). RealSelf may use the Content as specified by the terms of this Agreement and the RealSelf Policies.
2. Representations and Warranties
2.1 By Content Producer. As a material inducement for RealSelf’s entry into and performance of this Agreement, Content Producer represents and warrants that:
1. Content Producer has the full right and authority to enter into and perform this Agreement; (i) each person signing the Agreement for Content Producer is authorized to so sign; (ii) the execution, consent or acknowledgement of no other party is necessary in order to validate Content Producer’s entry into and performance of this Agreement; and (iii) Content Producer’s entry into and performance of this Agreement do not violate any agreement binding on Content Producer;
2. Content Producer is the sole author and exclusive owner of all the rights in the Content and Content Producer has had all photographers or employees of Content Producer, who provided services in capturing the pictorial work(s) or otherwise assisting in the development and creation of the Content, execute release forms;
3. All patients appearing in the Content were, at the time of their appearance, at least 18 years of age or older and gave their full consent to such appearance; Content Producer has had all patients appearing in the Content execute release forms, including waiver of all publicity and privacy rights of such persons;
4. The Content was produced in accordance with all applicable laws, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA); and
5. Nothing in the Content infringes any intellectual property (copyright, author’s right, trademark, etc.) or personal right (right of privacy, right of publicity, defamation, etc.) of any person.
2.2 By RealSelf. As a material inducement for Content Producer’s entry into and performance of this Agreement, RealSelf represents and warrants to Content Producer that:
1. RealSelf is a corporation duly organized, validly existing and in good standing under Washington law;
2. RealSelf (i) has the full right and authority to enter into and perform this Agreement; (ii) the
execution, consent or acknowledgment of no other party is necessary in order to validate RealSelf’s entry into and performance of this Agreement; (iii) RealSelf’s entry into and performance of this Agreement does not violate any agreement binding on RealSelf; and (iv) this Agreement is a legal, valid, binding and enforceable obligation of RealSelf.
Each party shall indemnify, defend (with counsel reasonably acceptable by indemnitee), protect and hold harmless the other from and against any and all claims, actions, causes of action, liabilities, damages, expenses and costs (including reasonable ongoing attorneys’ fees (costs of defense)) arising out of or related to a Party’s breach of its representations and warranties hereunder.
This Agreement shall be governed by and construed under and in accordance with the laws of the State of Washington, excluding any conflict of laws provisions. This Agreement contains all the terms and conditions of the Agreement between RealSelf and Content Producer. There are no other terms and conditions and this Agreement may only be modified in writing and signed by RealSelf and Content Producer. Any notices under this Agreement shall be sent to the address listed on the submitted form for each party. In addition, if any provision of this Agreement is held invalid or unenforceable, then the remainder of this Agreement and the affected provision shall remain valid and enforceable and in full force and effect.