Some opening thoughts …
Below outlines what you, the Participant, are signing up for when you participate in The Real Human Project. It is written by lawyers which means it is awesomely detailed but it also can be a bit of slog for those of us that didn’t go to law school. You should read it anyway. From a high level, we’ve tried to design The Real Human Project so that you and other Participants feel safe to share your personal stories, and with the objective of helping you cultivate more meaningful and productive relationships. To that end, we have included in this release a covenant by us, The Real Human Project LLC (the “Company”, “we” and “us”), limiting those who have access to your Recording and Episode (both defined below) to only those groups and individuals you have authorized us to share it with (and a few others in the very specific cases listed in Section 5 below).
Now the important legal stuff …
In order participate in The Real Human Project LLC’s system that uses personal podcast episodes for improved human connection (the “Project”), to have access to a podcast episode of my interview created by the Company in connection with that Project (the “Episode”), and for other good and valuable consideration, the Participant hereby agrees as follows:
- RELEASE. Without further consent from or any royalty, payment, or other compensation to me, in connection with the Project and the Episode, I hereby: (a) grant and license to the Company and its affiliates, successors, licensees, agents, and assigns (“Authorized Persons”) the right and license, in connection with the Project and creation of the Episode, to digitize, modify, alter, edit, adapt, create derivative works, display, transmit, publish, broadcast, reproduce, otherwise use, and permit others to use, the audio recording of my voice (the “Recording”) in perpetuity and in any medium or format whatsoever now existing or hereafter created, including without limitation online (web and application) streaming and downloadable files; and (b) permit, authorize, and license the Company and the Authorized Persons, in connection with the Project and creation of the Episode, to use my name, photo, professional and personal biographical information, without further consent from or any royalty, payment, or other compensation to me except as otherwise expressly provided in this Agreement.
- OWNERSHIP. I agree that Company is and will be the sole and exclusive owner of all right, title, and interest in and to the Recording (including all audio, video, and other recordings) and the Episode, including all copyrights and other intellectual property rights therein, in perpetuity. In furtherance of the foregoing, I agree that the results and proceeds of my services in connection with the Recording and the Episode are work made for hire for Company as defined in Section 101 of the Copyright Act of 1976. To the extent the Recording or the Episode, or any part of either does not qualify as, or otherwise fails to be, work made for hire, I shall, and hereby do, (a) assign, transfer, and otherwise convey to Company, irrevocably and in perpetuity, throughout the universe, all of my right, title, and interest in and to, if any, the Recording and the Episode, including all copyright and other intellectual property rights, including all registration, renewal, and reversion rights, and the right to register and sue to enforce such copyrights against infringers; and (b) irrevocably waive any and all claims I may now or hereafter have in any jurisdiction to so-called “moral rights” or rights of droit moral in the Recording and the Episode.
- WAIVER. To the fullest extent permitted by applicable law, I 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, 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 arising from the Company’s and/or the Authorized Persons’ exercise of their rights under this release. I agree that this release cannot be terminated or rescinded, and I waive my right to injunctive and other equitable relief in the event of a dispute with Company or any Authorized Persons.
- REPRESENTATIONS; COVENANTS. I represent and covenant that: (a) I am at least 18 years of age; (b) I have full right, power, and authority to enter into this release and grant the rights hereunder; and (c) I have not entered into and will not enter into any agreement or commitment which conflicts with the provisions of this release or which restricts me from, or would be violated by, entering into or fulfilling my responsibilities under this release; (c) I will provide only true and correct statements and other information in connection with the Recording, Project and Episode; (d) the Company’s and Authorized Persons’ use of the Recording and the rights and license granted hereunder, do not, and will not, violate the rights of any party; and (e) I will not disclose to the Company any confidential information of any party, including without limitation my employer, in connection with the Recording, Episode or Project.
- COMPANY’S COVENANT. The Company covenants to you that it will not (and will not permit any Authorized Person to), without your permission, make the Recording or the Episode available to any third party who you have not authorized to receive it (through the Company’s web-based application or otherwise). You agree that it will not be a breach of this covenant to: (a) make the Episode available via a publicly-accessible webpage available to you and those to whom you provide it; (b) make the Episode or Recording available if and as required by law or to enforce legal rights; (c) make the Recording or Episode available to any vendor providing services to the Company, provided such third-party has agreed in writing to (i) maintain the Recording and/or Episode, as applicable, in confidence and (ii) only use the Recording and/or Episode in connection with the services to the Company; or (d) to an acquirer (i) of all or substantially all of the Company’s assets or (ii) in connection with a change of control or merger. The Company also covenants that you may rescind or withdraw any prior authorization granted to Company. Upon your written request for the removal or deletion of the Episode and/or the Recording, the Company shall promptly, and within a reasonable period, comply with such request and effectuate the deletion.
- GENERAL. This is the entire agreement of the parties with respect to the subject matter hereof, and there are no other agreements, representations or promises. This release may not be amended except in a writing signed by the parties hereto. If any term or provision of this release is invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to render it enforceable, or, if incapable of such modification, shall be severed from this release and the remainder shall be enforced. This release shall be governed by the laws of California and any action to enforce or interpret it must be brought in the courts located in Los Angeles, California.
BY TICKING THE CHECKBOX WHEN CREATING AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS RELEASE AND AGREE TO IT.
