AFFIDAVIT & GRANT OF RIGHTS
When prompted, I submitted content via Twitter to the #WhatsYourJourney program initiative (“Submission”). In conjunction with such Submission, I agree as follows:
- I hereby grant to Ford Motor Company, its respective subsidiaries, divisions, related companies, affiliates as well as its designees, licensees and their successors and assigns (collectively, “Ford”) the unconditional and perpetual right, world-wide license and permission to copyright, reproduce, encode, store, copy, transmit, publish, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit and otherwise use Submission (with or without attribution of any kind) in any media throughout the world for any purpose, without limitation, and without review, compensation or approval by me or any other party. (This grant of rights is only limited to the extent that Twitter, Inc. has rights in content disseminated via its service.)
- I agree not to instigate, support, maintain or authorize any action, claim or lawsuit against Ford (or any other person/entity in any way involved with the #WhatsYourJourney program initiative) on the grounds that any use of Submission, or any derivative works, infringes my rights in any respect, including without limitation copyright or moral rights.
- Except where prohibited by law, I grant to Ford the right to use my name, nickname, image, photograph, likeness and other indicia of persona in conjunction with the possible use of Submission in any media throughout the world for any purpose, without limitation, and without review, compensation or approval by me or any other party.
- I agree that nothing herein in any way obligates Ford to use Submission (or any indicia of my persona in conjunction therewith) and that such non-use shall not result in Ford being liable to me or any third party.
- I agree that Ford does not have a duty of confidentiality or like fiduciary duty with regard to Submission.
- I represent and warrant that Submission is solely my original work product, was created by me specifically for the #WhatsYourJourney program initiative and was not previously published; and, no third party has any right in Submission.
- I represent and warrant that any use of Submission by Ford as outlined herein will not violate the rights of any third party. This includes but is not limited to trademark rights, copyright, right of publicity, right of privacy or any other intellectual property or proprietary right of any third party, nor does Submission libel, slander or defame any third party.
- I release, discharge and agree to hold harmless Ford and its officers, directors, employees, shareholders, agents, representatives, successors and assigns, and all persons acting under their permission or authority, from any and all claims or liability arising from use of Submission (or any indicia of my persona in conjunction therewith) as outlined herein or for any violation of the representations and warranties included herein. Without limiting the preceding, I understand and agree that I will be solely responsible for any claims or liability premised upon a third party’s allegation that Submission violated its rights.
- I further acknowledge that I have reviewed and fully understand the provisions of Section 1542 of the California Civil Code (“Certain Claims Not Affected By General Release”) which provides that “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Without any implication that the release being granted hereunder is intended as a general release, I waive and relinquish every right or benefit that I had, have or may have under Section 1542 to the full extent that I may do so. In connection with the release being granted hereunder, I acknowledge that I am aware that I may discover facts in addition to or different from those that I may now know or believe to be true with respect to the subject matter of this Affidavit & Grant of Rights but it is my intention, hereby fully, finally and forever, to release all claims arising out of or in any way connected with or related to this Affidavit & Grant of Rights and/or Submission and that in furtherance of such intention, the release given herein will be and remain a full and complete, limited release notwithstanding the discovery or existence of any such additional or different facts.
- I represent and warrant that I have full right, power and authority to enter into this Affidavit & Grant of Rights and doing so will not conflict with any existing commitment on my part or violate any law. I further represent and warrant that my use of the Twitter account to make Submission did not violate the rights of any third party.
I HAVE CAREFULLY READ AND UNDERSTAND THIS AFFIDAVIT & GRANT OF RIGHTS AND AM AGREEING OF MY OWN FREE WILL. MY AGREEMENT TO THIS AFFIDAVIT & RELEASE WAS NOT SECURED BY DURESS OR OTHER ILLICIT MEANS.