This provision establishes a comprehensive prohibition on the use of the User's likeness imagery, photograph, voice, mannerism, and branding without their express written consent. Its purpose is to safeguard Dimitri Alexander's rights to control the exploitation of their personal identity, preventing unauthorized individuals or entities from utilizing their likeness or associated elements for commercial or other purposes without proper permission.
Prohibition Scope: No person or entity may use the User's likeness imagery, photograph, voice, mannerism, or branding without obtaining the User's explicit written consent. This prohibition applies to all mediums and forms of representation, including but not limited to photographs, videos, recordings, drawings, digital renderings, or any other medium that captures or reproduces the User's identifiable features.
Likeness Imagery: The prohibition includes visual representations that accurately depict the User's physical appearance, encompassing their facial features, body characteristics, and other identifiable attributes. This covers photographs, illustrations, or any other medium that truthfully portrays the User's likeness.
Voice and Mannerism: The prohibition extends to the use of the User's voice, vocal characteristics, and mannerisms. This encompasses recordings, impersonations, imitations, or any other means of reproducing or utilizing the distinctive vocal qualities or behavior associated with the User.
Branding: The prohibition also covers the use of the User's branding elements, including trademarks, logos, slogans, or any other distinctive marks linked to the User's identity or commercial activities. Unauthorized use of these branding elements without the User's consent is strictly forbidden.
Written Consent Requirement: Utilizing the User's likeness imagery, photograph, voice, mannerism, or branding necessitates the User's prior written consent. This consent must be voluntary, informed, and specific to the intended use or purpose. The User must possess full awareness of how their likeness or associated elements will be employed and the potential implications of such usage.
Exceptions: Certain exceptions to the prohibition may exist in cases protected by applicable laws, such as fair use, transformative works, news reporting, or public interest purposes. However, these exceptions must be evaluated on a case-by-case basis and should not be automatically assumed as a blanket authorization for unrestricted use.
Enforcement and Remedies: Violations of this prohibition may result in legal consequences and remedies, including injunctions, damages, accountings, and any other appropriate relief available under the relevant jurisdiction and legal framework.