For good and valuable consideration, receipt of which is hereby acknowledged, I hereby grant to Pinna LLC (“Pinna”) and its parents, affiliates and subsidiaries, each of their respective successors and assigns and the licensees and designees of each of the foregoing (all of the foregoing, collectively, the “Licensees”) the right to edit, excerpt, adapt, reproduce, distribute, create derivative works based on, display, publish, publicly perform and otherwise use the audio file submitted to this form (the “Audio”), and my name, likeness, photos, performance, voice and/or identity as contained in the audio (“Likeness”), in whole or in part, in any and all media and formats whether now or later known or developed, throughout the world, including, without limitation, in connection with the podcast program named on this form (“Program”) and/or the marketing, promotion and/or advertising of the Program and/or Pinna.
The rights granted to the Licensees include, without limitation, the right to extract and/or use the audio track of the audio. I acknowledge that Pinna has the right to charge a fee for access to episodes of the Program containing elements of the audio and otherwise to monetize such Program episodes. I expressly waive any and all moral rights I may have in connection with said audio.
I acknowledge that I will not receive, and will not be entitled to, any fee or other payment in connection with any use by the Licensees of the audio or any element thereof.
I will keep confidential any information I obtain about the Program or Pinna’s potential use of the audio.
I acknowledge that I do not have any right to inspect or approve any use of the audio, and I hereby waive any right I might otherwise have to inspect or approve any use of the audio. I represent and warrant that I own the audio and the copyright in the audio, that I have the authority to grant Pinna the rights granted herein and that none of the Licensees will have any obligation to obtain any permission from or make any payment to any other person or entity in connection with the use of the audio. I acknowledge that Pinna will rely on the permissions granted in this agreement, potentially at substantial cost to Pinna. I hereby agree not to assert any claim of any nature whatsoever (including without limitation, claims based on invasion of privacy, defamation or right of publicity) against anyone relating to the exercise of the permissions granted in this agreement. I will not have any right to obtain, and shall not seek, injunctive or other equitable relief with respect to any use of the audio. The Licensees have no obligation to use the audio.
This is the complete and binding agreement between Pinna and me. It supersedes all prior understandings and communications with respect to the subject matter hereof. I have not entered into this agreement in reliance upon any promise or representation (written or oral, express or implied) not contained in this agreement. This agreement cannot be terminated, rescinded or amended except by an agreement signed by me and Pinna. The permission granted in this agreement is irrevocable and cannot be rescinded or terminated. Pinna has the right to transfer or assign this agreement or all or any its rights or privileges hereunder to any entity or individual without restriction. Nothing in this agreement will derogate from or be prejudicial to any rights or privileges that any of the Licensees now is or at any time may be entitled to under law as a member of the public, if this agreement were not in existence. This agreement shall be governed and interpreted in accordance with the laws of the State of New York. Any action relating to a dispute between the parties under this agreement shall be brought solely in the state or federal courts located in New York, New York and I consent to the exclusive jurisdiction of such courts.