WOLVERINE CONTENT LICENSE AND RELEASE
By responding to our request for consent with [#YesMerrell], you are accepting and agreeing to the terms and conditions of this Content License and Release (“Terms”), which are a legally binding contract between you and Wolverine World Wide, Inc., collectively with its affiliated entities and portfolio of brands (“Wolverine”).
IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT REPLY TO OUR REQUEST FOR USE OF YOUR CONTENT.
You, on behalf of yourself, your heirs, executors and administrators (together “you”), grant and assign to Wolverine the worldwide, perpetual, royalty-free, non-exclusive, fully paid-up right and license to use at any time and in any media, now known or hereafter developed, for any lawful purpose, including but not limited to the promotion of Wolverine brands, the image that is the subject of Wolverine’s request (the “Content”) and to make any changes, such as editing the Content or using only isolated portions of the Content, and/or additions thereto, or derivative works there from.
You authorize Wolverine to use, reuse, copy, publish, display, exhibit, reproduce, sublicense to a third party, and distribute the Content in any forms of media, which may include, but are not limited to Wolverine’s publications, catalogs, articles, brochures, websites or other electronic forms of media, and to offer the Content for use or distribution in other publications, electronic or otherwise, without notifying you. You waive all moral rights and any right to inspect or approve any such use of the Content.
You understand that you shall not receive any compensation whatsoever in connection with: (a) the agreement to these Terms, (b) the use and exploitation of the Content, or (c) the exercise by Wolverine of the rights granted to Wolverine herein. You expressly waive any claim of lack of consideration that you may have.
You represent and warrant that: (a) the Content does not violate any applicable laws or regulations, including without limitation any third party copyright, trademark or other intellectual property rights; (b) you are the sole and exclusive owner of all right, title and interest in and to the Content and there is no contract or any other right of any person or entity that may prohibit you from granting the rights hereunder to Wolverine; (c) you are 18 years of age or older; and (d) you have all necessary permissions and releases for the use of any names, trademarks, logos, uniforms, design, works of art or images of any person depicted in the Content.
You understand that Wolverine will rely on the consent you are giving in this acknowledgement, and you agree not to bring any claim against Wolverine for Wolverine’s use of the Content consistent with this these Terms. You expressly agree to indemnify, defend, and hold harmless Wolverine from and against any liabilities, claims, demands, suits, judgments of any kind whatsoever, as well as any losses damages, costs, or fees (including attorneys’ fees) arising out of or relating to your Content. You agree that this indemnification will also extend to any claims, demands, or lawsuits brought by your heirs, guardians, executors, personal representatives, or assigns.
It is the intent of both you and Wolverine that these Terms be as broad and inclusive as permitted by law and that if any provision of these Terms is held invalid or otherwise unenforceable by a court of competent jurisdiction, the enforceability of the remaining provisions shall not in any way be affected. These terms are governed by Michigan law.