You (“Writer”) agree with Reputation Data Corp. and the website fabulousperson.com (“fp”) that fp may use your name and any comments and images which you have submitted, on and in connection with the fabulousperson website, including on marketing materials therefore. Writer hereby assigns and licenses all rights to use Writer’s name, submitted images and written/typed content to fp for use on, in and in relation to the fp website (including for search engine submissions). Writer understands and agrees that Writer’s name and images will turn up in search engine results, to which Writer agrees and consents.
Writer agrees that fp may post any comments and images emailed to fp by Writer and writer hereby assigns, transfer and licenses any rights including any copyrights in such to fp, and Writer hereby releases fp and its officers, directors and employees and holds such parties harmless from any loss, cost, liability, injury, damages, expenses, legal actions and lawsuits, including any action or lawsuit for copyright infringement against fp in connection with or related to or resulting from the posting of Writer’s comments, statements and/or images which Writer has emailed to fp. All information provided with Writer’s submission of comments may be posted on the profile of the person about whom Writer has written.
Writer agrees that fp may fix grammatical and/or typographical mistakes in Writer’s comments prior to posting. Further, Fp may turn words such as “he” or “she” into the actual name of the person whom Writer is writing about (ex: “She” is great may be amended to read “Mary X” is great).
Writer understands that once its profile is indexed by search engines, the use of the profile is out of the control of Writer and/or fp and Writer hereby releases fp from any liability for any loss, cost, damage, harm, injury or expense resulting from or related to use of such content by any search engine or by any third party.
This Agreement and our services may be amended from time to time, in which case Writer hereby agrees to the terms of such changes and amendments.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to the conflicts of laws provisions thereof. The parties hereto hereby consent to and submit to the jurisdiction of the federal and state courts located in the State of New York. The parties hereto waive any defenses based upon lack of personal jurisdiction or venue or inconvenient forum.
Notwithstanding anything to the contrary herein, all disputes and controversies arising under or in connection with this Agreement shall be settled by arbitration conducted before a panel of three (3) arbitrators sitting in New York City, New York in accordance with the rules for expedited resolution of commercial disputes of the American Arbitration Association then in effect. The determination of the majority of the arbitrators shall be final and binding on the parties. Judgment may be entered on the award of the arbitrator in any court having proper jurisdiction. The expenses of the arbitration shall be borne equally by the parties thereto, but each party shall bear the entire cost of its or his attorney’s fees and disbursements. The arbitrators sitting in any such controversy shall not have the authority or power to modify or alter any express condition or provision of this agreement, or any modification thereof, or to render any award by which its terms has the effect of altering or modifying any express condition or provision of this agreement, or modification thereof. The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.
All prior agreements, if any, between the parties hereto, verbal or otherwise, are merged herein and superseded hereby, This Agreement contains the entire understanding of the parties hereto relating to the subject matter herein contained, and this Agreement cannot be changed, rescinded, amended or terminated except in a writing signed by both parties. Facsimile/emailed copies of signatures and initials hereon operate with and have the same legal effect as originals thereof. Electronic or digital signatures hereon, and any boxes checked on the fp website in agreement herewith, operate with and have with the same legal effect as handwritten signatures (and initials) hereon would have. This agreement may be assigned by fp to a related entity or to any entity owned or controlled by the person(s) who owns or control fp. This agreement may not be assigned by Writer.