MATERIALS AND PUBLICITY TERMS
At MasterClass, we respect the rights and privacy of our users. By using the Service and submitting Materials to our site via the “Member Wins” page, you consent and agree to our collection and use of Materials as outlined therein and to our Terms of Service and Privacy Policy.
Materials Release
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you hereby irrevocably grant to MasterClass, the right, but not the obligation, to incorporate, in whole or in part, the materials created and submitted by you via the “Member Wins” submission page, including (a) any and all audio/visual materials you uploaded to MasterClass via the “Member Wins” page (including any and all photographs, videos, content and elements contained therein), and/or (b) your name, recorded voice, appearance, and photograph, written statements, audio/visual materials, biographical information, testimonials, or other likeness, as well as any other information provided by you to MasterClass (collectively, the “Materials”), for use in and in connection with the production, distribution, exhibition, advertising, marketing and promotion of our product and services via any means now in existence or hereafter discovered, worldwide, in perpetuity, in all media, without further review, notice, or compensation of any amount or kind whatsoever. For the sake of clarity, you shall retain ownership of your Materials and shall retain the right to publish or otherwise exploit such Materials after your submission.
By uploading and providing us with the Materials, you represent and warrant that: (i) you have the full right and authority, either as owner or as agent of the owner, to grant the rights granted in this release; (ii) the Materials are free and clear of any liens or other third party claims; (iii) any such use as authorized herein will not give rise to any claims of infringement, misappropriation, invasion of privacy or publicity, claims for payment of any monies such as royalties, re-use fees or residuals, or any other claims; and (iv) no third party permissions or licenses are required in connection with this release and/or any such use. You agree to indemnify, defend and hold MasterClass harmless from and against any claims, damages or expenses (including reasonable costs and outside attorneys’ fees) arising out of any use of the Materials, as well as a breach of this release and/or alleged breach of the representations and warranties provided herein.
You acknowledge that MasterClass has no obligation to use the Materials, or any portion thereof, and that MasterClass may use such Materials, or any portion thereof, in its sole discretion. You further acknowledge that any use of the Materials does not constitute and shall not be considered an endorsement of the Materials or you by MasterClass.
General Terms:
MasterClass has the right, in its sole discretion, to modify these Materials and Publicity Terms and to cancel, modify or suspend this release at any time in its discretion. By submitting Materials you, and to the extent permitted by law on behalf of any relevant third parties, agree to these Material and Publicity Terms, which are final and binding in all respects. MasterClass’s rights under this release may be freely assigned.
Disputes:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Materials and Publicity Terms in relation to you, the Materials, or MasterClass shall be governed by, and construed in accordance with, the laws of the State of California in the United States of America without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of California. Any legal proceedings arising out of this Materials and Publicity Terms or relating to your submitted Materials shall be instituted only in the federal or state courts located in San Francisco County in the State of California, waiving any right to trial by jury, and you consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Materials and Publicity Terms. In the event of any conflict between these Materials and Publicity Terms and any information provided elsewhere (including but not limited in advertising or marketing materials), these Materials and Publicity Terms shall prevail.
Questions? Concerns? Suggestions?
Please contact us at support@masterclass.com, or through our help desk to pose any questions regarding these Materials and Publicity Terms or the Service.
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