Common use of Statements of Fact Clause in Contracts

Statements of Fact. The Creator states that the following facts are accurate and will continue to be accurate during this agreement: 8.1 If the Creator is an individual, the Creator is at least 18-years old and has the legal capacity to enter into this agreement. If the Creator is an entity, it is duly organized, validly existing, and in good standing as a legal entity under the laws of its jurisdiction of incorporation, organization, or chartering. 8.2 The Creator has the power to enter into this agreement, to grant the rights granted in it, and to perform fully the Creator’s obligations in this agreement. 8.3 The Creator is duly licensed, authorized, and certified by all applicable governmental and regulatory authorities to perform the Creator’s duties and obligations under this agreement. 8.4 The Creator has independently evaluated the desirability of participating in the Platform, and the Creator has not relied on any statement other than those set out in this agreement. 8.5 The Creator’s signing and performance of this agreement will not conflict with or violate (i) any order, judgment, or decree that applies to the Creator; or (ii) any agreement that applies to the Creator. 8.6 The Creator’s performance under this agreement, use of the Platform, and the Creator Content will not: (a) invade the right of privacy or publicity of any person (including invasion of rights of celebrity); (b) involve any defamatory, libelous, slanderous, obscene, indecent, or otherwise unlawful material; (c) violate any applicable law, including 18 U.S.C. § 1591 (sex trafficking of children or by force, fraud, or coercion), and 18 U.S.C. § 2421A (promotion or facilitation of prostitution and reckless disregard of sex trafficking); or (d) otherwise infringe on the rights of any third parties, including those of copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual-property rights, or engage in false advertising, unfair competition, violation of antidiscrimination law, or violation of any other right of any person. 8.7 The Creator owns all interest in all Creator Content that is uploaded to the Creator Profile or otherwise used in connection with the Platform. 8.8 The Creator has sufficient rights in the Creator Content to grant the Company rights granted in this agreement (including a signed written appearance release for each identifiable person in the Creator Content to use their name and likeness). 8.9 The Creator Content does not depict any individual under 18-years old. 8.10 The Creator complies with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including inspecting and keeping all required written documents, including written documents sufficient to confirm that all subjects of the Creator Content were at least 18-years old at the time of the production of the Creator Content as required by 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, and will provide the Company with copies of all required written documents on request.

Appears in 1 contract

Sources: User Agreement

Statements of Fact. The Creator states that the following facts are accurate and will continue to be accurate during this agreement: 8.1 If the Creator is an individual, the Creator is at least 18-years old and has the legal capacity to enter into this agreement. If the Creator is an entity, it is duly organized, validly existing, and in good standing as a legal entity under the laws of its jurisdiction of incorporation, organization, or chartering. 8.2 The Creator has the power to enter into this agreement, to grant the rights granted in it, and to perform fully the Creator’s obligations in this agreement. 8.3 The Creator is duly licensed, authorized, and certified certified by all applicable governmental and regulatory authorities to perform the Creator’s duties and obligations under this agreement. 8.4 The Creator has independently evaluated the desirability of participating in the Platform, and the Creator has not relied on any statement other than those set out in this agreement. 8.5 The Creator’s signing and performance of this agreement will not conflict conflict with or violate (i) any order, judgment, or decree that applies to the Creator; or (ii) any agreement that applies to the Creator. 8.6 The Creator’s performance under this agreement, use of the Platform, and the Creator Content will not: (a) invade the right of privacy or publicity of any person (including invasion of rights of celebrity); (b) involve any defamatory, libelous, slanderous, obscene, indecent, or otherwise unlawful material; (c) violate any applicable law, including 18 U.S.C. § 1591 (sex trafficking trafficking of children or by force, fraud, or coercion), and 18 U.S.C. § 2421A (promotion or facilitation of prostitution and reckless disregard of sex traffickingtrafficking); or (d) otherwise infringe on the rights of any third parties, including those of copyright, patent, trademark, service mark▇▇▇▇, trade name, trade secret, or other intellectual-intellectual- property rights, or engage in false advertising, unfair competition, violation of antidiscrimination law, or violation of any other right of any person. 8.7 The Creator owns all interest in all Creator Content that is uploaded to the Creator Profile Profile or otherwise used in connection with the Platform. 8.8 The Creator has sufficient sufficient rights in the Creator Content to grant the Company rights granted in this agreement (including a signed written appearance release for each identifiable identifiable person in the Creator Content to use their name and likeness). 8.9 The Creator Content does not depict any individual under 18-years old. 8.10 The Creator complies with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including inspecting and keeping all required written documents, including written documents sufficient sufficient to confirm confirm that all subjects of the Creator Content were at least 18-years old at the time of the production of the Creator Content as required by 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, and will provide the Company with copies of all required written documents on request.

Appears in 1 contract

Sources: User Agreement

Statements of Fact. The Creator states that the following facts are accurate and will continue to be accurate during this agreement: 8.1 If the Creator is an individual, the Creator is at least 18-years old and has the legal capacity to enter into this agreement. If the Creator is an entity, it is duly organized, validly existing, and in good standing as a legal entity under the laws of its jurisdiction of incorporation, organization, or chartering. 8.2 The Creator has the power to enter into this agreement, to grant the rights granted in it, and to perform fully the Creator’s obligations in this agreement. 8.3 The Creator is duly licensed, authorized, and certified by all applicable governmental and regulatory authorities to perform the Creator’s duties and obligations under this agreement. 8.4 The Creator has independently evaluated the desirability of participating in the Platform, and the Creator has not relied on any statement other than those set out in this agreement. 8.5 The Creator’s signing and performance of this agreement will not conflict with or violate (i) any order, judgment, or decree that applies to the Creator; or (ii) any agreement that applies to the Creator. 8.6 The Creator’s performance under this agreement, use of the Platform, and the Creator Content will not: (a) invade the right of privacy or publicity of any person (including invasion of rights of celebrity); (b) involve any defamatory, libelous, slanderous, obscene, indecent, or otherwise unlawful material; (c) violate any applicable law, including 18 U.S.C. § 1591 (sex trafficking of children or by force, fraud, or coercion), and 18 U.S.C. § 2421A (promotion or facilitation of prostitution and reckless disregard of sex trafficking); or (d) otherwise infringe on the rights of any third parties, including those of copyright, patent, trademark, service mark▇▇▇▇, trade name, trade secret, or other intellectual-property rights, or engage in false advertising, unfair competition, violation of antidiscrimination law, or violation of any other right of any person. 8.7 The Creator owns all interest in all Creator Content that is uploaded to the Creator Profile or otherwise used in connection with the Platform. 8.8 The Creator has sufficient rights in the Creator Content to grant the Company rights granted in this agreement (including a signed written appearance release for each identifiable person in the Creator Content to use their name and likeness). 8.9 The Creator Content does not depict any individual under 18-years old. 8.10 The Creator complies with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including inspecting and keeping all required written documents, including written documents sufficient to confirm that all subjects of the Creator Content were at least 18-years old at the time of the production of the Creator Content as required by 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, and will provide the Company with copies of all required written documents on request.

Appears in 1 contract

Sources: User Agreement