By uploading your Materialgraph(s) and or video(s) (collectively, “Material”) to the Cat School website, you agree to the terms and conditions set forth below. Use of the information you provide in connection with the Material shall be governed by the Cat School Privacy Policy, which is incorporated by this reference.
LICENSE
You hereby grant Cat School (“CS”) a worldwide, perpetual, royalty-free, sublicensable license to reproduce and publish the Material on the Cat School website and social media pages, sizzle reels, vlogs and other online materials featuring Cat School. These rights are irrevocable, but, as between you and CS, you remain the owner of the Material. You acknowledge and agree that CS may crop or otherwise edit the Material, provided such cropping or editing does not substantially alter the nature of the Material. CS shall have no obligation to use the Material in any way. You will not be entitled to any payment in connection with any use of the Material pursuant to these terms and conditions.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that (i) the Material is your original creation and does not infringe on the rights of any third party or violate any laws, (ii) the Material does not feature any individuals other than yourself and your cat(s), (iii) all information you provide in connection with the Material is accurate and truthful, and (iv) you are 18 years of age or older (if you are agreeing to these terms and conditions on behalf of a minor, you certify to CS that you are such minor’s legal guardian). You acknowledge and agree that your first name and cat’s name, as provided by you, may be included with any use of the Material. You agree to indemnify and hold CS harmless from and against any claims, liability, costs, damages and expenses arising from a breach of the foregoing representations and warranties.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH USE OF THE MATERIAL FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT CS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
MISCELLANEOUS
Any dispute relating to the Material shall be governed by the laws of Canada, without regard to conflict of laws provisions thereof. You consent to exclusive jurisdiction and venue in the courts located in Canada. If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect. These terms and conditions represent the entire agreement of the parties with regard to the Material and may not be modified other than in a writing signed by both parties.