I hereby grant to Patagonia the right to use of my name, nickname, likeness, voice, picture, image, caricature, statements, social media handle, accompanying texts, inquiries, feedback, suggestions, language, writings, statistics, signature, facsimile signature, biography, photograph, video, motion picture and any other reference to my persona, personality, information I provide Patagonia or preferences (collectively the “Attributes”), in connection with the manufacture, sale, marketing, advertising and promotion of Patagonia products and/or the Patagonia brand, including, without limitation, on the internet and in connection with social media. As well, I understand when publishing the User Content on the internet, including by replying using the hashtag #yespatagonia on a social media site, Patagonia has no control over the User Content and it is possible that others may duplicate it, including, but not limited to, on other sites on the internet. I further acknowledge Patagonia is not responsible for, and does not endorse, the opinions, advice, suggestions or recommendations posted or sent about the User Content and Patagonia disclaims any liability in connection therewith. I understand under no circumstances will Patagonia be liable in any way for any loss or damage of any kind incurred by me as a result of the use of the User Content. Patagonia has the right, but not the duty, to monitor and edit or remove the User Content and/or any comments posted about User Content. I ASSUME THE RISKS ASSOCIATED WITH THE INTERNET AND SOCIAL MEDIA I represent and warrant that all of the User Content submitted to Patagonia by replying using the hashtag #yespatagonia hereto is original in nature and that I have the legal right to irrevocably license to Patagonia, and its respective successors, licensees, sub-licensees and assigns, in perpetuity, the rights mentioned herein to the User Content. I hereby grant to Patagonia, in perpetuity, the irrevocable, non-exclusive, royalty-free, worldwide right and license to use the User Content (in connection with any Patagonia design, development, production, marketing, advertising, distribution, promotion, and sale, for any and all purposes,), sublicense, telecast, publicize, edit, change, modify, add to, subtract from the User Content, and create derivative works, in any and all media (including social media sites) now known or hereafter developed, without any compensation to me. In the event someone else has in fact shot or appeared in the User Content, I hereby warrant and represent that each person has, in consideration for good and promotional consideration, in a writing that I shall furnish promptly to Patagonia upon request, licensed any and all rights in the User Content to Patagonia upon the terms and conditions set forth in this Agreement. I warrant and represent that no other person has shot or appeared in the User Content. I shot the original photograph(s), graphic(s), image(s), selfie(s), video(s), message(s), or other material(s) that I have replied using the hashtag #yespatagonia, and created any accompanying caption(s), (collectively, the “User Content”) and, in consideration for good and promotional consideration, the sufficiency and receipt of which are hereby acknowledged, I wish to license any and all rights in the User Content to Patagonia Works (“Patagonia) upon the terms and conditions as set forth in this Agreement. I SHOT THE PHOTOGRAPH AND NO OTHER PERSON ASIDE FROM MYSELF APPEARS IN THE PHOTOGRAPH By replying using the hashtag #yespatagonia to a social media site, you are representing that you agree to the following Terms and Conditions:
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