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I'm only a humbly country space chicken lawyer but the terms explicitly say that Kimmel can do whatever the fuck he wants with the recording.
The idea that Kimmel doesn't have a legal team that checks for this stuff is laughable.
Oh, I'm sure they did, and made sure to get their payment up front
I'm really not surprised. They wouldn't even want to limit commercial use, because I'd assume companies paying celebrities for little blurbs for company parties and stuff like that is a meaningful chunk of their business.
Hard to take a lawyer seriously when the language is so clear and the direct premise of the site, though. It's not some obscure power grab in the EULA of a site focused on something different. It's what you're getting paid for.