Video review upload

RELEASE AND WAIVER

With effect from the date of submission of the form here above, approval for use – past, present and future – is being
granted:

TO:
Qualiteam s.r.l., of Loc. Nassio Sopra 15A, 10010 Chiaverano (TO) Italy (“Company” or the “Released”)

BY:
You, the user, clicking ‘I agree’ in the form on this  of this page and submitting the form (the “Subject”)

For the use of name, biographical information, photographs, videos, quotations, likeness, caricature and similar information of the Subject as more fully described herein (“Information”).

1. Wholly subject to the Qualifying Criteria contained herein, against valuable consideration, the Subject grants to Company, its agents, employees, licensees and successors in interests (“Affiliates”) all ownership, rights, copyright and all associated rights to utilize and publish the Information and Content that has been obtained pursuant to this release.
   
   
2. The release is granted specifically with reference to the video product review(s) for the product named QualiBreath (“Product”). The Product has been purchased by the Subject from the Company and\or its Affiliates and reviewed through means of the video content submitted by the Subject (the “Content”).
   
   
3. The Subject hereby grants Company the right to use the Information and Content:
1. as a part of Company’s general online and offline promotional and marketing efforts and any related derivative and ancillary matters connected therewith;
2. for worldwide publication and distribution;
3. in all formats and platforms in any and all media now known or hereafter developed;
4. in all languages; in advertisements and promotional materials for the Product;
5. used or published individually or in conjunction with any other material; and
6. in any such manner not expressly named but implicitly connected with any of the methodologies, formats or geographies herein.
   
   
4. The Subject represents and warrants that:
1. s/he is the sole owner of all copyright, trademark, and other intellectual property and proprietary rights to and in the Information;
2. publication of the Information as envisioned and authorized herein will not violate or infringe any third-party intellectual property rights ; and
3. s/he is not a party to any contracts in respect of the Information which would adversely affect any of the rights granted herein.
   
   
5. The Subject shall be compensated by way of a royalty payment through a redeemable Amazon gift card issued by the Company to the Subject. This gift card shall carry a value of $50, or such other value as may be agreed to between the Parties. This compensation shall constitute the consideration for the permissions granted by the Subject under this release (“Consideration”).
   
   
6. The Company shall also make the Subject a part of a prize winning draw for a $100 gift card redeemable on Amazon (“Draw”). The Draw shall not constitute a part of the Consideration under this Agreement. The terms and conditions under which the Draw shall operate will be updated from time to time on the Company website.
   A draw will be made at the end of each calendar month between all new and qualified participants and the winner of the draw will receive a $100 gift card redeemable on Amazon. 
   
   
7. The Subject waives any rights that they may have to inspect or approve the use of the Information and Content by Company or their Affiliates. Further, that the Subject waives and releases Company and their Affiliates from all claims of slander, libel, copyright infringement, publicity rights, invasion of privacy and/or any other claim related to the Information and Content. This release shall also include, but not be limited to, any claims related to distortion, blurring, digital alteration, composite use, whether intentional or otherwise in the processing and publication of the Information and Content.
   
   
8. Subject undertakes to comply with certain information and other requirements which must be contained in each video review, these shall collectively be referred to as the qualifying criteria (“Qualifying Criteria”):
   
   
1. A description of the nature of surgery undergone by Subject;
   
   
2. The manner and degree to which the Product helped as a part of the recovery from the surgery; and
   
   
3. Recommendations to other patients planning to undergo the same or similar medical procedures.
   
   In addition to the above criteria, the following procedural compliance shall also be undertaken by the Subject:
   
   i. All Content shall be uploaded directly to the Company website on this page: https://www.qualiteam.com/pages/video-review-upload;
   
   ii. All Content shall comply with minimum video aspect resolution specifications of 854x480 in 480p; and
   
   iii. Content duration shall be between 30 and 120 seconds.
   
   
9. Subject understands that the Qualifying Criteria may be updated from time to time on the website and that in case of any conflict between the Qualifying Criteria here and on the website, the version appearing on the website shall prevail.
   
   
10. This release shall be governed by, and construed in accordance with the laws of Ireland with the courts in Ireland exercising exclusive jurisdiction. In relation to any legal action or proceedings to enforce this Agreement or arising out of or in connection with this Agreement each of the parties irrevocably submits to the exclusive jurisdiction of the courts notwithstanding any principles of conflict of laws.
    
    
11. Subject’s consent recorded in the form above indicates their agreement to all terms recorded herein. Further, in agreeing, Subject warrants that they have no claim, to the extent provided for under law, on ground of breach of confidence or on any ground under legal system against the Company or their Affiliates in respect of the publication of Subject’s name, biographical information or any other Information for or about the Subject.

THE SUBJECT WARRANTS THAT THEY HAVE READ THE DOCUMENT, UNDERSTOOD ITS CONTENTS AND HAVE FREELY CONSENTED TO THE TERMS OF THE RELEASE.

 

Privacy:
The Company undertakes and brings the following to the attention of the Subject in relation to GDPR:

If you are a resident of the European Economic Area (“EEA”), you have certain rights and protections under the law regarding the processing of your personal data. These are summarized below:
When we process your personal data we will only do so in the following situations:

1. We need to use your personal data to perform our responsibilities under our contract with you (e.g., processing payments for and providing the services you have requested).
2. We have a legitimate interest in processing your personal data.
3. There is another applicable lawful basis under which we are permitted to process your personal data.

You have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, please contact us at privacy@qualiteam.com


If you have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.

Instructions