MATERIALS USE AGREEMENT
This Materials Use Agreement (“Agreement”) is made between You, the submitter of Material through the Celebrity Social Media website, and Celebrity Cruises Inc. with registered offices at 1050 Caribbean Way, Miami, Florida, 33132, USA, and confirms Celebrity Cruises Inc.’s non-exclusive right to use the Material. When You tick the acceptance box and submit any Material, You confirm that You agree to the following terms and conditions:
1. For good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, You grant Celebrity Cruises Inc., its parent, subsidiaries, respective agents, authorized persons or entities, licensees, successors, legal representatives, and assigns (“Celebrity”) a full, royalty-free, irrevocable and perpetual right to use any and all photo and video materials submitted by You through the Celebrity Social Media website (“Material”), for any lawful purpose without limitation, including but not limited to the right to print, produce, publish, copy, display, perform, exhibit, transmit, create derivative works, broadcast, disseminate, market, advertise, license, transfer, and/or modify any or all attributes of the Material, throughout the universe in any form of media, including but not limited to print, electronic, web, social, and any other media or embodiment, now known or unknown, without any credit due to You.
2. In connection with the Material, Celebrity has the right to use your name, portrait, picture, likeness and voice, or any or all of them or still photograph provided by You or made or produced for or by Celebrity, in a video, live or videotaped presentation, sound track recording, printed or internet media. You hereby authorize Celebrity to make use of your appearance and Material for any purpose without restriction throughout the universe in perpetuity.
3. You agree that no fee, royalties, residuals or compensation shall be due to You for the submission of any Material and Celebrity shall not be obligated to pay You or any third party any sum whatsoever, regardless of the time or method of any future use of the Material.
4. Celebrity is under no obligation to use or exhibit the Material in any manner.
5. You waive (i) the right to inspect or approve of any use of the Material, (ii) any rights to injunctive relief that You may have in connection with this Agreement, and (iii) the right to revoke this Agreement.
6. By submitting any Material You represent that You are the sole owner of the Material and possess or have obtained all rights, power and authority to the Material necessary for the grant of the rights within this Agreement. You represent and warrant that the rights granted by this Agreement will not conflict with or violate any commitment, agreement, or understanding You have or will have with any person or entity, nor infringe upon any rights of, any person or entity.
7. By submitting any Material You agree to defend, hold harmless and indemnify Celebrity, its licensees and assigns from all claims, losses, expenses, demands, causes of action, damages, liabilities of any kind, and reasonable attorneys’ fees and expenses, arising out of or incurred by reason of the use of the Material or the inaccuracy, alleged breach or actual breach of any representation, warranty, covenant, agreement, or undertaking made by You.
8. This Agreement shall be governed by the laws of the State of Florida (excluding conflicts of law principles) and shall be binding on You and Celebrity Cruises Inc. Any claim or dispute concerning this Agreement shall be brought only in the courts of Miami-Dade County, Florida.
This Agreement represents the entire terms and conditions with respect to the Material and may not be changed, modified, or terminated except in writing by Celebrity Cruises Inc.