By uploading a testimonial to the PixleeTurnTo platform on our site, you grant Three Bird Nest, LLC (“3BN”) a perpetual, worldwide, irrevocable right and license to use (in whole or in part), your name, profile, written review, testimony, video or photo (collectively your “Endorsement”) in 3BN marketing materials. This includes the use of your Endorsement, in whole or in part, in all forms of media including without limitation, digital, print, paid marketing on social media, organic posting on social media, sharing via our email newsletter, and any other owned or paid marketing materials whether now or hereafter known. As such, 3BN shall be entitled to exploit, copy, publish, exhibit, and distribute the Endorsement, in whole or in part, for its marketing, advertising, and other business purposes.
You acknowledge and agree that 3BN (1) is under no obligation to actually use the Endorsement at any time; and (2) may use the Endorsement with or without your name.
You understand that your Endorsement may be edited and may appear in a variety of formats, including but not limited to print, digital, and social media. You hereby waive any right to inspect or approve any use by 3BN of the Endorsement. 3BN shall be entitled to modify the Endorsement provided that there is no material change in the original content that could cause a reasonable person to misinterpret your Endorsement.
You hereby attest that (1) the Endorsement is true and accurate in all respects and reflects your personal experiences and honest beliefs and those of no other party; and (2) you made the Endorsement of your own free will and without any influence or pressure of any kind from 3BN and/or any third party.
You represent and warrant that the Endorsement, or any part thereof, will not infringe upon the rights of any third parties, including without limitation, any intellectual property rights, unfair competition, dilution, and/or publicity or privacy rights.
You also grant 3BN the right to use your name, likeness, and any statements made by you in connection with your Endorsement.
You hereby release and hold harmless 3BN from and against any and all claims, demands, and liabilities of any kind or nature arising in any way out of 3BN’s use of the Endorsement, including without limitation, any claims alleging that 3BN violated your intellectual property, privacy, or publicity rights. You will not make any claim against 3BN for its use of the Endorsement.
You agree to indemnify and hold harmless 3BN against any and all losses, damages, costs, claims, liabilities, judgments, actions, awards, settlements, penalties, fines, or expenses of whatever kind or nature, including without limitation reasonable outside attorney fees and related costs, incurred by 3BN to the extent arising out of any claim made by any third party related to 3BN’s right to use the Endorsement pursuant to the terms hereof.
This Release and all matters arising out of or relating to it shall be governed by and construed in accordance with the laws of California without giving effect to any of its conflict of laws provisions. Any claim or cause of action arising under this release may be brought only in the federal and state courts located in Alameda County, California.
By uploading your Endorsement, you certify that you are eighteen (18) years of age or older, have read this consent and release, fully understand its contents, and intend to be legally bound by it.