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National Pulse Memorial & Museum
This Publicity Release was last modified on February 14, 2021.
This Publicity Release (this "Release") is a legally binding agreement between you and OnePulse Foundation, Inc. (the "Foundation", "us", "we", or "our"). Please read this Release carefully before creating an account with us or submitting any Materials to us (as defined herein) via the OutLoveHate and affiliated websites and applications (collectively, the Site) or otherwise.
OurTerms of Service & Dispute Resolution also govern this Release and should be read as supplementing each other. To the extent of any unavoidable conflict, this Release shall govern. PLEASE READ TERMS OF SERVICE & DISPUTE RESOLUTION CAREFULLY AS IT AFFECTS YOUR RIGHTS, INCLUDING HAVING A SUBSTANTIAL IMPACT ON HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER (INCLUDING CLAIMS ARISING UNDER THIS RELEASE) ARE RESOLVED, INCLUDING WAIVER OF JURY TRIAL, MANDATORY ARBITRATION, AND WAIVER OF CLASS ACTION.
Our Terms of Service & Dispute Resolution also govern this Release and should be read as supplementing each other. To the extent of any unavoidable conflict, this Release shall govern. PLEASE READ TERMS OF SERVICE & DISPUTE RESOLUTION CAREFULLY AS IT AFFECTS YOUR RIGHTS, INCLUDING HAVING A SUBSTANTIAL IMPACT ON HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER (INCLUDING CLAIMS ARISING UNDER THIS RELEASE) ARE RESOLVED, INCLUDING WAIVER OF JURY TRIAL, MANDATORY ARBITRATION, AND WAIVER OF CLASS ACTION.
The headings of this Release are intended only to be a navigation guide. The headings do not have any substantive meaning or effect.
We desire to use and publicize the Materials, including your name, image, likeness, appearance, and voice for advertising, promotion, and other commercial and business purposes. In exchange for the intangible value you will gain by participating in our publicity programs and other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge, you give us your permission for such use and publicity for such purposes, according to the terms and conditions set forth in this Release.
You hereby irrevocably permit, authorize, grant, and license us and our affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them ("Authorized Persons"), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use your name, image, likeness, appearance, voice, and all other submissions to us through the Site or otherwise, and all materials created by or on behalf of us that incorporate any of the foregoing ("Materials") in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures and other print publications, electronic, magnetic, and optical media, motion pictures, television broadcast, cablecast, and satellite, home video and video on demand, radio broadcasts, display, point-of-sale, and other advertising and promotional materials, press releases, the internet and other digital transmission or delivery methods, mobile applications, on any platform and for any purpose, including but not limited to fundraising, advertising, public relations, publicity, packaging, and promotion of the Foundation and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to you.
The Foundation shall be the exclusive owner of all rights, including copyright, in the Materials. You hereby irrevocably transfer, assign, and otherwise convey to the Foundation your entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. You acknowledge and agree that you have no right to review or approve Materials before they are used by us, and that we have no liability to you for any editing or alteration of the Materials or for any distortion or other effects resulting from our editing, alteration, or use of the Materials, or our presentation of you. Any credit or other acknowledgment of you, if any, shall be determined by us in our sole discretion. We have no obligation to create or use the Materials or to exercise any rights given by this Release.
Without limiting the breadth of the terms of this Release, when you submit Materials, you understand and agree that the Materials may made public on the Site, via our digital mosaic, or shared with the community and public at large.
To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, "Claims") arising directly or indirectly from the Authorized Persons' exercise of their rights under this Release or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part by the negligence of the Foundation or any other person, covenant not to make or bring any such Claim against any Authorized Persons, and forever release and discharge the Authorized Persons from liability under such Claims. You understand that the Foundation is relying on this Release and will incur significant expense in reliance on this Release.
You agree that this Release cannot be terminated, rescinded, or modified, in whole or in part. While we enable you to modify certain Materials submitted to us, we can revoke that privilege at any time without notice. Your modification of any Materials does not in any way modify this Release nor does it change our rights to the Materials as originally submitted, including, but not limited to, our right to publicize the original Materials you submitted before you modified them. You agree that you have no right to, and waive any such right to, the deletion or transfer of the Materials under any applicable law, including, but not limited to the General Data Protection Regulation and the California Consumer Privacy Act.
You represent and warrant to us that you are at least eighteen (18) years of age, and you have full right, power, and authority to enter into this Release and grant the rights hereunder. You further represent and warrant to us that you will provide only true and correct statements and other information in connection with this Release, and the Authorized Persons' use of the Materials and the rights and license granted hereunder do not, and will not, violate any right (including without limitation copyright, trademark, trade secret, right to privacy, or right of publicity) of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from, or any payment to, any third party is required in connection herewith. You agree to defend, indemnify, and hold harmless the Authorized Persons from and against all Claims by third parties resulting from your breach or alleged breach of this Agreement or any of the foregoing representations and warranties
This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. You have not relied on any statement, representation, warranty, or agreement of the Foundation or of any other person on the Foundation’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Release. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. The Foundation may assign this Release and its rights hereunder, in whole or in part, to any person or entity without your consent or notice to you. This Release is binding on and inures to your benefit and the benefit of the Foundation and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
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OUTLOVE HATE is a challenge to us all to let love win. By standing together, united in love, we can fight against the forces that led to the PULSE Nightclub tragedy in 2016.
Your support enables us to build a national memorial that opens hearts, a museum that opens minds, educational programs that open eyes, and legacy scholarships that open doors. Together, we will OUTLOVE HATE.
After completing a donation of $49 or more, you will be able to create a custom portrait to be added to the mosaic, and to be on permanent display at the National PULSE Museum.
A chance to be a part of history with a $49 donation, your portrait will appear on the homepage of this site and on permanent display in the onePULSE Museum.
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