Online Materials

PLEASE REVIEW THIS ONLINE MATERIALS RELEASE CAREFULLY. BY GIVING NOTICE OF YOUR CONSENT IN THE MANNER REQUESTED BY ESTES EXPRESS LINES (E.G., BY SENDING THE HASHTAG #AGREE OR OTHERWISE) YOU CONFIRM THAT YOU OWN AND CONTROL ALL RIGHTS IN THE PHOTOGRAPH, VIDEO, OR OTHER MATERIAL THAT IS THE SUBJECT OF THIS RELEASE AND THAT YOU ARE VOLUNTARILY GIVING YOUR AGREEMENT AND CONSENT TO THE TERMS OF THE ONLINE MATERIALS RELEASE SET FORTH BELOW.

I hereby confirm that I am 18 years of age or older.

In exchange for having my copyright-protected work publicly used and recognized and for other good and valuable consideration, the receipt of which is hereby acknowledged, I hereby grant to Estes Express Lines, its subsidiaries and affiliates, and their successors, agents, licensees and assignees (collectively, “Estes”) a nonexclusive, worldwide, royalty free, perpetual and irrevocable right and license to use, reproduce, publicly display, modify, adapt, distribute, create derivative works from, post, and exhibit the photographs, text, video, sound, or other material that have been identified as the subject of this Online Materials Release (collectively, the “Materials”) for any purpose, including but not limited to advertising, promotion, or publicity. The license granted hereby includes the right, but not the obligation, to use and publicly display my name, image, likeness, and other profile information about me made available to Estes through any third party social medial platform (such as Facebook, Instagram, or Twitter) in connection with the Materials. Estes shall have the unlimited right to vary, change, alter, modify, add to and/or delete from the Materials, to use a portion or portions thereof, and to use or include the foregoing with any other material of any kind.

Estes is under no obligation to reproduce, display, distribute, perform and/or exhibit the Materials in any manner. I hereby waive (i) the right to inspect or approve of any reproduction, display, distribution, performance and/or exhibition of the Materials, (ii) any rights to injunctive relief I may have in connection with this Online Materials Release, and (iii) the right to revoke this Online Materials Release.

I hereby confirm that the Materials constitute my original work, and that the permitted use of the Materials by Estes in accordance with this Online Materials Release does not violate or infringe the intellectual property rights of any third party. I agree to indemnify and hold Estes harmless from and against any and all liability, loss, damage, or judgments, including attorneys fees, that Estes may suffer by reason of any failure of Materials to comply with the terms of this release, including but not limited to claims that the Materials infringe upon the intellectual property rights of a third party.

I hereby waive and release, hold harmless and indemnify Estes, its successors, licensees and assigns of and from all claims, demands, causes of action, damages, liabilities of any kind, and attorneys’ fees which may arise out of or in connection with the use of the Materials by Estes, including but not limited to (a) claims based upon rights of privacy or publicity or misappropriation of likeness or image; (b) claims based upon statutory or common law privacy rights including but not limited to intrusion upon privacy or portrayal in a false or misleading light; (c) claims based upon intentional or negligent infliction of emotional distress; (d) claims based upon allegedly unfair or deceptive business or trade practices; (e) claims for infringement of copyright, (f) claims of allegedly false or misleading advertising including but not limited to claims based upon Section 43(a) of the U.S. Lanham Act; (g) fraud (such as alleged deception or surprise about the manner or extent of use of the Materials); or (h) breach of alleged moral rights. I agree not to bring any claims in the future against Estes, its successors, licensees, or assigns based upon any of the foregoing.

I agree that no sum shall be due to me for execution of this Online Materials Release and Estes shall not be obligated to pay me or any third party any sum whatsoever, regardless of the time or method of any future reproduction, display, distribution, performance and/or exhibition of the Materials.

This Online Materials Release represents the entire agreement between Estes and me with regard to the use and publication of the Materials, and supersedes any prior understandings or agreements with respect to the subject matter hereof. This Online Materials Release shall be governed by and construed in accordance with the laws of the State of Virginia (excluding conflicts of law principles).