Social Media Agreement
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. BY RESPONDING TO KUSHIES’ PHOTO RIGHTS REQUEST WITH THE HASHTAG #KUSHIESBABY, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
You may be viewing this license agreement on a small screen. If so, here are the highlights of the License Agreement below (but please read the agreement).
• You own the Content. Nothing in this license agreement changes that.
• You are giving Kushies a license to use the Content on Kushies’ website, and social media posting with attribution where applicable..
• You are also giving Kushies a license to use your name and image and other biographic material in conjunction with the Content.
• You have all the rights from third parties for your Content and nothing in the Content is inappropriate or defamatory.
• You are releasing Kushies from any liability and you promise not to sue Kushies for its use of the Content as described.
1. You represent and warrant that you are at least 18 years old.
2. You represent and warrant that you (a) own and control all rights, title and interest in and to the Content you license or that you otherwise have all rights, permissions and consents necessary to post and use such Content (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); (b) have all rights necessary to provide Kushies and its affiliates, agents, representatives, licensees and assigns (collectively, “Kushies”) with the license and rights set forth in Section 4 below; and (c) have complied with all applicable laws and regulations associated with acquiring and/or producing the Content. For the purposes of this Agreement, “Content” means photographs, text, graphics, moving images, sound, illustrations or any other materials (including any associated metadata or location information) (collectively, “Content”). For purposes of clarification, Content also includes any profile information you allow Kushies to access from third party social media platforms (such as Instagram, Twitter, Pinterest and Facebook) in accordance with the authorization procedures determined by the platform.
3. You hereby grant to Kushies a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in connection with the Kushies website and for other Kushies marketing purposes, including but not limited to social media, and websites for any purpose, including for promotional and publicity purposes. Kushies may display advertisements in connection with your Content or on pages where your Content may be viewed by you or others, and we may use your Content to advertise and promote Kushies, or the Site. For purposes of clarification and not limitation, (a) this license includes, and you expressly consent to, Kushies’ right to use and publicly display your name, image, likeness and persona; and (b) nothing in this license transfers your ownership of the Content to Kushies. Nothing in this license requires Kushies to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all. We may exercise our rights anywhere in the world.
4. You understand that you will not be paid for Kushies’ use of your Content as described in this License Agreement. Each of us will bear our own expenses associated with this License Agreement.
5. You agree to take any actions (including execution of documents) reasonably requested by Kushies to effect, perfect or evidence the representations and/or licenses and rights set forth in this License Agreement.
6. You agree that you will not submit Content that:
– infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of another;
– includes material that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
– displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful to Kushies or any other person or depicts the use of a product in a manner that is contrary to any instruction or warnings relating to the product;
– impinges upon or violates the publicity, privacy or data protection rights of others; or
– makes or includes false or misleading statements, claims or depictions about a person, company, product or service.
Without limiting the foregoing, you agree that in conjunction with the production of your Content, you have not inflicted emotional distress or abuse on other people, have not publicly humiliated other people, have not assaulted, stalked or threatened other people, have not entered onto private property without permission, have not impersonated any other person or misrepresented your affiliation, title, or authority, and have not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Kushies will reject and/or remove any Content in which Kushies believes, in its sole discretion, that any such activities have occurred.
7. To the fullest extent allowed by law, you agree to release, discharge and indemnify Kushies and its employees, contractors, sponsors or any other person acting under Kushies’ permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. You further agree to waive any rights to injunctive relief you may have in connection with this License Agreement.
8. This is the entire agreement between you and Kushies in relation to the Content you’re licensing. If a court finds any provision of this License Agreement to be unreasonable or unenforceable in any respect, you agree that this License Agreement will nonetheless be enforced to the maximum extent to which it is found by the court to be legally enforceable.
9. This License Agreement will be governed by applicable federal laws of Canada, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Kushies’ rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).