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By accessing and using the 224 PERFORMANCE, LLC (“224 PERFORMANCE”), Website, mobile or tablet application, or any other feature or other 224 PERFORMANCE, LLC (“224 PERFORMANCE”) platform (collectively “Website”) you agree to be bound by these terms and conditions:
A.) By agreeing to the Copyright and Use of Likeness Release, or by submitting video, subscribing, or otherwise agreeing to appear in video recorded during participation in the activities and programs offered by 224 PERFORMANCE, you automatically grant 224 PERFORMANCE the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such recordings, videos, sound recordings, or other media submitted by you or created by 224 PERFORMANCE, (“User Content”), in whole or in part, worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties.
B.) You represent and warrant to 224 PERFORMANCE that you have the full legal right, power and authority to grant to 224 PERFORMANCE the license provided for herein, that you own or control the complete rights to any submission or other User Content you submit, and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms of Use, or infringe upon any rights, including the right of privacy or right of publicity, constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant 224 PERFORMANCE the right, but not the obligation, to pursue at law any person or entity that violates any right owned by 224 PERFORMANCE in the User Content.
C.) The 224 PERFORMANCE Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by 224 PERFORMANCE, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Policy permits you to use the 224 PERFORMANCE Website for your non-commercial use only. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by 224 PERFORMANCE.
D.) Your use of the Website constitutes your express agreement to not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the 224 PERFORMANCE Website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.
