Guest Participation Agreement, Recording Consent and Release
YourSpace LLC
Version 1.0 — Effective upon publication on the Platform
This Guest Participation Agreement, Recording Consent and Release (the "Guest Agreement") applies to every Guest and to everyone who enters an Event page, records, uploads or appears in Content through the Platform. It is part of the Terms of Service. YOU MUST CHECK THE BOX EVERY TIME YOU ENTER AN EVENT PAGE.
1. Who You Are Agreeing With
You are agreeing with YourSpace LLC ("Company"), and, as to Sections 3 through 7, for the benefit of the Host of the Event and the Company Parties.
2. You May Be Recorded
2.1 YOU UNDERSTAND AND AGREE THAT AT THIS EVENT YOU MAY BE RECORDED ON VIDEO, IN PHOTOS AND IN AUDIO, INCLUDING YOUR VOICE AND CONVERSATIONS, BY OTHER GUESTS, BY THE HOST AND THROUGH THE PLATFORM. RECORDINGS MAY BE UPLOADED, SHOWN TO OTHER GUESTS, STORED, EDITED, COMBINED INTO A FILM, AND SHARED BY THE HOST AND BY OTHER PEOPLE.
2.2 BY CHECKING THE BOX AND CONTINUING, YOU GIVE YOUR VOLUNTARY, INFORMED CONSENT TO ALL OF THE ABOVE, INCLUDING RECORDING OF YOUR AUDIO. IF YOU DO NOT CONSENT, DO NOT ENTER THE EVENT PAGE AND TELL THE HOST. YOU MAY ALSO MOVE AWAY FROM RECORDING OR ASK THE HOST TO EXCLUDE YOU.
2.3 THIS CONSENT APPLIES TO RECORDINGS MADE BY YOU AND TO RECORDINGS OF YOU MADE BY ANY OTHER USER OF THE PLATFORM.
3. No Expectation of Privacy
At the Event, in the booth and in uploaded Content, you have no expectation of privacy. Do not say or do anything you want to keep private in places where recording occurs.
4. License and Release for Your Appearance and Content
4.1 You grant Company, the Host, and their respective service providers, successors and licensees a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, sublicensable license to record, capture, reproduce, edit, combine, caption, synchronize, display, perform, distribute and use your name, voice, image, likeness, appearance, statements, performance and any Content you record or upload, in the Platform, in Films and in related materials, for the purposes in the Terms of Service and for the Host's personal use and sharing.
4.2 YOU RELEASE AND FOREVER DISCHARGE COMPANY, THE HOST, AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL CLAIMS, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO THE RECORDING, USE, DISPLAY, EDITING, STORAGE OR SHARING OF YOUR APPEARANCE, VOICE AND CONTENT AS DESCRIBED IN THIS GUEST AGREEMENT AND THE TERMS OF SERVICE, INCLUDING CLAIMS FOR INVASION OF PRIVACY, MISAPPROPRIATION, VIOLATION OF PUBLICITY RIGHTS, DEFAMATION, EMOTIONAL DISTRESS, AND VIOLATION OF ANY RECORDING OR WIRETAP LAW, TO THE FULLEST EXTENT PERMITTED BY LAW.
4.3 YOU WAIVE ANY RIGHT TO INSPECT OR APPROVE ANY FILM OR USE, AND ANY RIGHT TO COMPENSATION.
5. Your Responsibilities as a Guest
5.1 You are responsible for what you record and upload. You will not record where people have a reasonable expectation of privacy (such as restrooms or changing areas), and you will follow the Host's and venue's rules.
5.2 You represent that you have the right to upload what you upload, that it does not infringe anyone's rights, and that it complies with the Acceptable Use and Content Moderation Policy.
5.3 You will not use the Platform to harass, expose or embarrass anyone.
5.4 You are responsible for your device, your data plan and your own safety. Do not use your device in an unsafe way.
6. Minors
6.1 You must be at least 13 years old to enter an Event page. If you are under 18, a parent or legal guardian must permit your use, has read this Guest Agreement, and agrees to it for you. By checking the box you confirm either that you are at least 18 or that a parent or guardian has given that permission.
6.2 A parent or guardian who allows a minor to attend and be recorded accepts this Guest Agreement for the minor, including the release in Section 4.
6.3 A parent or guardian may ask us to delete a minor's uploaded Content through the Platform's Privacy Requests page. See the Privacy Policy.
7. Company and Host Roles
7.1 The Host, not Company, controls the Event, the Film and who sees Content. The Company does not attend or supervise the Event. The Company is not responsible for what the Host or any other Guest does with recordings.
7.2 Your relationship is with the Host for anything that happens at the Event. Company's liability to you is limited as the Terms of Service state, including Sections 14 through 17.
8. Deletion and Takedown Requests
8.1 You may delete Content you uploaded using the Platform's tools. Deletion has the limits stated in Section 7.7 of the Terms of Service.
8.2 If you appear in Content and want it reviewed for removal, use the Report tool or the Privacy Requests page. We will review requests in our discretion and as the law requires. We may decline requests where Content is already in a delivered Film, is the Host's or another person's content, or is needed for legal reasons.
8A. Event Access Ends
8A.1 Your access to the Event is limited to that Event. You may delete your own uploads while the Event is open. When the Host submits the Event to the studio, uploads are locked. When the Event is closed, your access to the Event ends and you will not be able to view or add Content, but your account and your right to request deletion of your information remain, as the Privacy Policy describes. The Host decides whether to share the finished Film with you.
8A.2 Tapping "I'm done" tells the Host you have finished adding Content. It does not lock the Event and does not remove the licenses and releases you have granted.
9. Other Terms
This Guest Agreement is governed by Sections 14 through 22 of the Terms of Service, including the disclaimers, limitation of liability, indemnification, arbitration and class action waiver, and governing law (Alabama).