End User License Agreement (EULA) for Communication and Consent to Use of Likeness, Voice Recordings, and Logging of Communications

Effective Date: October 4th, 2024

THIS AGREEMENT ONLY APPLIES TO INDIVIDUALS LEGALLY NAMED ROBERT HALL, THE EMAIL 21RHALL@KES.NET, OR ANY COMMUNICATIONS VIA ANY PLATFORM FROM THE PHONE NUMBER +44 7485 733509. OTHER INDIVIDUALS DO NOT HAVE TO ABIDE BY THIS AGREEMENT.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ENGAGING IN COMMUNICATION WITH THE OTHER PARTY. BY ENGAGING IN ANY FORM OF COMMUNICATION WITH THE OTHER PARTY, INCLUDING BUT NOT LIMITED TO VERBAL, WRITTEN, ELECTRONIC COMMUNICATIONS, OR ANY OTHER FORM OF INTERACTION, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.

  1. Consent to Recording and Use of Voice: By engaging in communication with the other party, you hereby give explicit consent to the other party to record, store, and use your voice for any purpose, including but not limited to transcription, reproduction, distribution, and use in any media now known or hereafter devised. This includes both real-time communication and any recordings made during the interaction.
  2. Consent to Use of Likeness: You further agree that by participating in any visual form of communication (e.g., video calls, image sharing, etc.), the other party may capture, record, and use your likeness for any purpose. This includes but is not limited to promotional materials, digital media, or other forms of content creation.
  3. Consent to Log Communications: You explicitly agree that the other party may log, store, and use all forms of communication, including but not limited to instant messages, emails, texts, and any other digital or electronic communications. These logs may be used for record-keeping, compliance, and any other purpose that the other party deems appropriate, including but not limited to monitoring, analysis, and content creation.
  4. Ownership of Recordings, Likeness, and Communications: You acknowledge and agree that any voice recordings, images, written or electronic communications, or representations of your likeness captured or logged during interactions with the other party are the property of the other party. You relinquish any rights to compensation or royalties arising from such use.
  5. Right to Modify or Revoke Consent: If you wish to revoke consent to the recording, logging, or use of your voice, likeness, and communications, you must do so in writing. Revocation of consent will apply only to future communications and will not affect recordings, logs, or likenesses obtained prior to the revocation.
  6. Scope of Use: The rights granted herein to the other party are non-exclusive, royalty-free, and perpetual. the other party reserves the right to use recordings, likeness, and logged communications in any jurisdiction, without limitation.
  7. Privacy and Data Protection: the other party will take reasonable steps to protect your personal information in compliance with applicable privacy laws, including the UK Data Protection Act 2018 and the General Data Protection Regulation (GDPR). However, you acknowledge that the nature of this agreement includes the use and sharing of recordings, likenesses, and communications, and therefore, such content may be publicly accessible or used in digital media.
  8. Arbitration Clause: Any disputes arising out of or relating to this EULA, including disputes regarding the use of recordings, likenesses, voice, or logged communications, shall be settled through binding arbitration in accordance with the rules of a recognized UK arbitration body. The arbitration will take place in the United Kingdom and will be conducted on an individual basis, not as a class action. Each party will be responsible for its own costs and fees associated with the arbitration unless otherwise provided by the arbitration rules.
  9. Breach of Agreement and Legal Action: In the event of a breach of this agreement by you (the party engaging in communication), the other party reserves the right to seek any and all available legal remedies, including but not limited to prosecution, financial damages, and injunctive relief. Should it be determined that you have failed to comply with the terms of this agreement, you may be held liable for damages, and the other party may initiate legal proceedings against you in a court of competent jurisdiction.
  10. No Liability: You agree to hold the other party harmless for any claims or damages arising from the use of your voice, likeness, or logged communications under this agreement. In the event that you breach this agreement, the other party may seek legal recourse and pursue any and all remedies available under law, including prosecuting you to the fullest extent.
  11. Governing Law: This agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of laws principles.
  12. Right to Modify the EULA: the other party reserves the right to modify or update the terms of this EULA at any time without prior notice. Any changes will be effective immediately upon being posted or communicated. It is your responsibility to review the most current version of this agreement regularly. Continued communication after any such changes constitutes your acceptance of the modified terms.

By continuing to engage in communication with the other party, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this EULA.