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TESTIMONIAL AND PHOTO RELEASE AGREEMENT

In connection with my participation in the services and activities offered by or through the Opinion Outpost survey panel owned and operated by Dynata,LLC f/k/a Survey Sampling International, LLC (the “Dynata Services”), I have been requested to participate in promotional activities including: (i) the preparation and submission of a statement or testimonial regarding my use of and participation in, the Dynata Services (the “Testimonial”) and (ii) the uploading and submission of a photograph (the “Photo” and collectively with the Testimonial, the “Content”), which Content shall be used by or on behalf of Dynata,LLC f/k/a Survey Sampling International, LLC (“Dynata”) and/or Dynata’s parents, subsidiaries, and/or affiliates (collectively referred to herein as the “Dynata Group”) in connection with the Dynata Promotional Activities (as defined herein). I HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT I AM NEITHER OBLIGATED NOR REQUIRED TO SUBMIT ANY CONTENT AND/OR PARTICIPATE IN THE DYNATA PROMOTIONAL ACTIVITIES.

 

In regards to the submission of the Content, I agree as follows:

 

  1. Any Photo(s) that I submit does not and will not include or contain any image, likeness, or picture of any person other than myself;

 

  1. Any Photo that I submit does not and will not contain or include: (i) any content, material, or statement that is inappropriate and/or not in keeping with Dynata’s image, and/or (ii) any nudity, pornography, illegal activity, or any content or material that is abusive, harassing, obscene, libelous, or defamatory.

 

  1. Any Testimonial that I submit does not and will not contain or include any content, material, or statement that is inappropriate and/or not in keeping with Dynata’s image. 

 

  1. Dynata reserves the right to review and reject all Content submitted by you to Dynata and Dynata is not required or obligated to make use of any Content that you submit to Dynata.

 

In connection with my submission of the Content, I hereby expressly grant to Dynata and to each and every company within the Dynata Group, including, without limitation, its and their respective successors and assigns and to any other person or party as Dynata may designate from time-to-time, the exclusive, transferrable, revocable, world-wide, sub-licensable, royalty-free right and license to use reproduce, display publicly, modify, adapt, edit, publish, translate, distribute, perform, place, upload, create derivative works from, exercise, extract, license, and transfer the Content  and any and all Personal Information (as defined and described herein) in connection with any and all promotional, marketing, and/or advertising activities in connection with the Dynata Services, in any form or manner, and on, in, or through any distribution or dissemination mechanism, platform, and/or channel, including, without limitation, via any social media platform, via any website owned and/or operated by or on behalf of Dynata and/or any company within the Dynata Group, and/or via email distribution (the “Dynata Promotional Activities”). I understand that Dynata will have the right of unlimited use of the Content in connection the Dynata Promotional Activities.  In addition, I hereby expressly consent to Dynata using certain of my personal information, including, without limitation, my first name and last initial and state of residence, (collectively the “Personal Information”) in connection with the Content and the rights and permissions granted by me hereunder. All Personal Information is collected, processed, stored, and transferred in accordance with the terms of this Agreement and Dynata’s privacy policy. I understand that Dynata may use the Content in whole or in part, and that I will not have any opportunity to review the Content following my submission of the Content to Dynata.   

 

I understand that Dynata may correct any grammatical, typographical, or punctuation errors contained in the Testimonial and may format the Content for use in various formats, media, and/or channels or means of distribution. However, Dynata will not revise the opinions, statements, and/or conclusions set forth in the Testimonial. 

 

I hereby expressly represent, warrant, and covenant to Dynata and each and every company within the Dynata Group as follows:

 

  1. I am a bona fide member of the Dynata Services and if I cease my membership with or in the Dynata Services, I will notify Dynata immediately.

 

  1. The Testimonial is true, accurate and reflects my honest belief(s) and real experience(s) in connection with my use of the Dynata Services.

 

  1. I provide the Content voluntarily and I have not, and will not receive any, payment or compensation for providing the Content and/or entering into this Agreement.

 

  1. The use of the Content and the Personal Information as authorized herein does not and will not infringe, misappropriate, and/or violate the intellectual property, proprietary, and/or privacy rights of any person, party, and/or entity.

 

  1. Except for my participation in and use of the Services, there is no material connection or relationship between myself and Dynata and/or any company within the Dynata Group and/or any of their respective members, managers, shareholders, directors, officers, employees, and/or representative.

 

  1. I am eighteen (18) years of age or older and have the full and unrestricted right to enter into this Agreement.  

 

I HEREBY RELEASE AND FOREVER DISCHARGE DYNATA, ANY COMPANY WITHIN THE DYNATA GROUP, AND/OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND/OR REPRESENTATIVES (INDIVIDUALLY A “RELEASEE” AND COLLECTIVELY THE “RELEASEES”), FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, CAUSES OF ACTION, DEMANDS, LOSSES, LIABILITIES, OBLIGATIONS, JUDGMENTS, AWARDS, DAMAGES, COSTS AND EXPENSES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF, RESULTING FROM OR CAUSED BY, WHETHER DIRECTLY OR INDIRECTLY, THE USE OF THE CONTENT AND/OR THE PERSONAL INFORMATION AS SET FORTH HEREIN. 

 

I HEREBY EXPRESSLY AGREE NOT TO COMMENCE, AND NOT TO CAUSE ANY THIRD PARTY OR PERSON TO COMMENCE, ANY LAWSUIT, ADMINISTRATIVE PROCEEDING OR ANY OTHER LEGAL ACTION AGAINST ANY RELEASEE AND/OR THE RELEASEES IN CONNECTION WITH, OR AS A RESULT OF, THE CONTENT AND THE USE OF THE CONTENT AND THE PERSONAL INFORMATION AS SET FORTH HEREIN.

 

I hereby EXPRESSLY agree to indemnify, defend, and hold HARMLESS EACH RELEASEE AND THE RELEASEES from and against ANY AND all claims, liabilities, LOSES, damages, AWARDS, FINES, JUDGMENTS, and penalties, and costs and expenses of any kind (including, without limitation, reasonable attorneys' fees and expenses) arising from or related to, whether directly or indirectly,: (I) my SUBMISSION OF THE CONTENT; AND/OR (II) ANY BREACH OR VIOLATION OF THE TERMS, REQUIREMENTS, RESTRICTIONS, REPRESENTATIONS, WARRANTIES, AND AGREEMENTS THAT I MAKE OR AGREE TO HEREIN.   

 

I HEREBY EXPRESSLY AGREE THAT IN NO EVENT WILL ANY RELEASEE BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT, EVEN IF EITHER PARTY HAS BEEN ADVISED OF (OR KNEW OR SHOULD HAVE KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES.

 

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter covered herein, and cancels, replaces and supersedes any other terms and agreements between the Parties with regard to the subject matter covered herein, whether prior or contemporaneous, written or oral. This Agreement shall be binding upon the parties, their heirs, successors, and permitted assigns or transferees. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Connecticut, USA, without regard to any portion of any choice of law principles (whether those of Connecticut USA, or any other jurisdiction) that might provide for the application of a different jurisdiction’s law. All claims or disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction and venue of the state or Federal courts located in Fairfield County, Connecticut USA. If any term of this Agreement is deemed invalid, illegal or unenforceable, the remaining terms shall be unimpaired and shall remain in full force and effect, as if the invalid, illegal or unenforceable term never formed a part of this Agreement.

 

In the event that I wish to receive a paper or hardcopy version of this Agreement, and/or in the event that I wish to revoke the rights and licenses granted herein, I may send an email to DynataI at helpdesk@opinionoutpost.com. Please include in the subject line the specific details of your request. Dynata will use reasonable efforts to respond to emails and process all requests within a reasonable time following receipt.