REVIEW CONTENT RELEASE TERMS
These Review Content Release Terms are agreed by and between Simba Sleep Limited registered in England under Companies House number 09703422 (“Simba UK”) and the Reviewer as defined below, as identified in a unique Typeform Document as defined below, and when signed by the Reviewer, will constitute the Agreement as defined below.
In these Review Content Release Terms, the following definitions are used:
“Agreement” – means these Review Content Release Terms, combined with the Typeform Document, comprising among other information 1. the Endorsement, and 2. the Reviewer’s full, legal name.
“Data Protection Law” - means the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (EU GDPR) as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as amended by Schedule 1 to the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (SI 2019/419), also known as the the UK GDPR; the Data Protection Act 2018; any other cognate national or supranational legislation or regulation which may be relevant in jurisdiction other than England and Wales in force as of the date of the Agreement being signed by the Reviewer; and any future amending or superseding cognate national or supranational legislation or regulation any territory.
“Endorsement” – means written content, constituting a review, opinion, testimonial, or similar, or a combination of these, which the Reviewer previously published on a public-facing website which related to Simba Sleep Limited, and which is specifically recorded in the Typeform Document.
“I”, “my”, and “Reviewer” - means or refers to a person who has previously authored and caused to be published the Endorsement,, and who has received an email from Simba UK containing a link to a Typeform Document.
“License” – means a perpetual, irrevocable, royalty-free, fully paid up, worldwide licensure and permission for the use or re-use of any and all of the Review Content’s constituent on any channel or media (currently existing or developed in the future) and in any format, and the right of Simba UK to sub-licence the License’s subject matter under the same terms.
“Review Content” – means the Reviewer’s first name, the first letter of Reviewer’s last name, and the region in the UK in which Reviewer resides, and the Endorsement, and any derivative thereof.
“Simba Global” - means Simba UK and its Group companies within the meaning of the Companies Act 2006, and other affiliated entities and licensees of Simba UK worldwide, whether existing or as may come into exist in the future.
“Typeform Document” – means a page hosted by Typeform.com and controlled and administered by Simba UK, the unique URL of which is specified in an email sent to Reviewer by Simba UK on or about 18 July 2024, and which contains, among other information, the Reviewer’s first and last names, and the text of the Endorsement.
I understand and irrevocably agree as follows;
1. in return for a voucher code for 2 Simba Hybrid Pillows for delivery in the UK, redeemable via simbasleep.com, delivered to Reviewer by Simba UK on or about 18 July 2024 via email as full and final payment and good consideration in respect of matters in the Agreement, I grant to Simba UK, who may grant further licensure and permission to Simba Global, the License to the use of the Review Content commencing from the date on which I sign the Typeform Document, which commences the Agreement;
2. by entering into the Agreement, I am warranting and representing that I am the Reviewer and that my statements comprising the Endorsement were to the best of my knowledge factually correct and accurate at the time I published the Endorsement, and that I omitted no material contrary information in the Endorsement; and further, that there is no impediment to my grant of the License to Simba UK as set out in the Agreement, including, but not limited to, confirming that no other third party’s rights may conflict with the Reviewer’s grant of the License and Simba UK or Simba Global engaging in subsequent use of the material over which licensure is granted by the License;
3. the Review Content may be used pursuant to the License by Simba UK and/or by Simba Global entities under a sub-licence for any purpose whatsoever, via any channel or medium, in perpetuity;
4. I fully and irrevocably waive any right to inspect or approve any derivative materials or components thereof, finished or otherwise, wherein the Review Content may appear, in perpetuity;
5. the Agreement supersedes the terms of any terms, privacy policy, or other policy or agreement to which Reviewer previously agreed between Reviewer and Simba UK in interacting with Simba UK digital assets, including, but not limited to, www.simbasleep.com, in connection with the Review Content and the License set out in this Review Content Release Agreement;
6. in order to make comprehensive use of the License granted under the Agreement in addition to the Review Content appearing in advertising, and the associated lawful purpose of defending itself against legal claims and to demonstrate the enduring existence of the Agreement, Simba UK shall be permitted to use and/or sub-licence the Review Content, including, but not limited to, the elements of the Review Content which comprise my Personal Data within the meaning of Data Protection Law;
7. the Review Content includes my first name, the first initial of my surname, and the region where I reside, on a “point in time” basis, and this information shall be subject to public dissemination, as well as processing in such systems as required, and sharing of this information with such employees, agents or contractors as may be necessary, and to the extent that English law allows, I agree to forgo pursuing any request of a right to be forgotten, a right to rectification, and any other similar requests which could impact Simba UK and/or Simba Global’s use of the Review Content under Data Protection Law in perpetuity in respect of Simba UK and/or Simba Global’s use of the Review Content;
8. it is my responsibility to retain a copy of the Agreement, including but not limited to the Review Content as subject to the License, and these Review Content Release Terms, in perpetuity;
9. I agree that I am and will be legally bound by the Agreement to the same extent as if using my manuscript signature based on my signing the Typeform Document via inputting my name in the field specified as per the instructions on the Typeform Document;
10. the Agreement constitutes the entirety of the terms and understanding about the subject matter of the Review Content Release Terms, the Review Content, and the Review Content’s licensure, between the Reviewer and Simba UK;
11. the Agreement, and the License granted under it, shall commence immediately upon the Reviewer signing the Typeform Document; and
12. the Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, or its subject matter, or formation, shall be governed solely by, and construed solely in accordance with, the law of England and Wales, exclusively by the courts of England and Wales.