INSTANTCHAT.COM

Terms and Conditions

and

Model Photo Release

BY SUBMITING A PHOTOGRAPH TO THIS SITE YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS AND MODEL PHOTO RELEASE. IF YOU DO NOT AGREE TO THESE TERMS DO NOT SUBMIT YOUR PERSONAL INFORMATION OR UPLOAD YOUR PHOTOGRAPHIC SUBMISSION. InstantChat.COM, PARTY PIC INC, AND EACH OF THEIR AFFILIATES AND SUBSIDIARIES RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE.

Thank you for visiting InstantChat.com (the "Site"), operated by Party Pic, Inc ("InstantChat" or "we" or "us"). Please carefully read these Terms and Conditions ("Terms") and Model Photo Release which are legally binding contracts between you and InstantChat. By using the Site and submitting photograph(s), you are agreeing to these Terms and Conditions and Model Photo Release posted at the time of your visit.

ELIGIBILITY. You must be at least eighteen (18) years of age to use InstantChat. By agreeing to the Terms, you represent and warrant to us: (i) that you are at 18 years of age, (ii) that you have not previously been suspended or removed from InstantChat, and (iii) that your registration and your use of InstantChat are in compliance with any and all applicable laws and regulations. To submit your photograph(s) to InstantChat you must register at https://InstantChat.com/ by following the on-screen directions to properly complete and submit a registration form. By submitting your photo, you warrant that you and all parties depicted in your photograph are at least 18 years of age.

1. “Model” means me and includes my appearance and likeness in the photograph(s).
2. For good consideration herein acknowledged as received, and by signing this Model Photo Release I hereby give InstantChat and its assigns my permission to license the photograph(s) I have submitted to InstantChat (the "Content") and to use the Content in any media including digital, electronic, print, television, film, and any other media now known or to be invented ("Media") for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or otherwise modified.
3. I agree that I have no further rights to the Content, and all rights to the Content belong to InstantChat and their assigns.
4. I acknowledge and agree that I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to InstantChat or its assigns.
5. I acknowledge and agree that this release is binding upon my heirs and assigns.
6. I agree that this release is irrevocable, worldwide and perpetual.
7. It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary, including, without limitation, to defend claims and protect rights and may be retained as long as necessary to fulfill this purpose.
8. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.
9. I represent that I independently created the Content I submitted to InstantChat and/or that I have all rights, permissions (including, but not limited to, the rights to use the likenesses of people, if any, appearing in the Content), and consents to use and license such Content to InstantChat. I agree to take any actions, including execution of documents reasonably requested by InstantChat to effect, perfect or evidence the foregoing representation and/or the license set forth herein.
10. I hereby waive: (i) any right that I may have to inspect or approve the finished product, the advertising copy, or any printed matter that may be used in connection therewith or the use to which it may be applied; (ii) any rights to injunctive relief I may have in connection with this Model Photo Release; and (iii) the right to revoke this Model Photo Release.
11. To the fullest extent allowed by law I agree to release, discharge, indemnify, defend and hold harmless InstantChat, and all persons acting under InstantChat permission or authority, including but not limited to employees, agents, sponsors, advertisers and contractors, from any liability, claim, damage, judgment, cost, loss, expense, including reasonable attorneys fees, by virtue of any publication or use of the Content as previously described. I agree that in the event of a dispute arising out of the use of the Content, my damages shall not exceed One Hundred Dollars ($100.00) and in no instance shall I be entitled to seek an injunction against InstantChat use of the Content.
12. If a court finds any provision of this Model Photo Release to be unreasonable or unenforceable in any respect, it is my intention and understanding that this Model Photo Release shall be enforced to the maximum extent to which it is found by the court to be legally enforceable.
13. This Model Photo Release shall be governed by applicable federal law and the laws of the State of California, without reference to its choice of law rules.
14. This Photo Release constitutes the entire agreement between myself and InstantChat with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between myself and InstantChat with respect to such matters.
15. This Photo Release may not be amended or supplemented except by a writing signed by InstantChat specifically referencing this Model Photo Release.
16. I have read this Model Photo Release prior to clicking “I Agree” in the form, am familiar with the contents thereof, and have every right to contract in my own name in this matter.