SOCIAL MEDIA AGREEMENT
Bride & Groom
Effective: August 22, 2016
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. IT CONTAINS TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU USE THE HASHTAG #AGREE IN RESPONSE TO SOCIAL COMMUNICATIONS WITH BRIDE & GROOM, AND/OR WHEN YOU USE THE HASHTAG #TILLDEATHDOUSPARTY, AND/OR WHEN YOU SUBMIT CONTENT TO BRIDE & GROOM FOR PUBLICATION ON BRIDE & GROOM PLATFORMS (DEFINED WITHIN), 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 (but please carefully read this agreement in its entirety as it affects your legal rights).
You are the owner of your Content. Nothing in this license agreement changes that.
You are giving Bride & Groom a license to use the Content on Bride & Groom’s websites, blogs, apps, e-mails, and/or social media, including for promotional purposes.
You are also giving Bride & Groom a license to use your name and image and other biographic material in connection to 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 Bride & Groom from any liability and you promise not to sue Bride & Groom for its use of the Content as described.
1. You expressly warrant and represent that you are at least 18 years of age.
2. You expressly warrant and represent 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 Bride & Groom and its affiliates, representatives, agents, licensees, and assigns with the license set forth in Section 3 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 photographic images, text and written materials, graphics, moving images, video, sound, illustrations or any other material(s) (including any associated location information, data, or metadata) (collectively, “Content”). For purposes of clarification, Content also includes any profile information you allow Bride & Groom to access from third party social media platforms (i.e., Instagram, Twitter, Tumblr, Facebook, LinkedIn, and Pinterest) in accordance with the authorization procedures determined by the platform.
3. You hereby grant to Bride & Groom a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable license to use, modify, reproduce, publish, adapt, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, on Bride & Groom’s blog(s), social media accounts, on or in any digital platforms of Bride & Groom (including apps, blogs, websites, and e-mail), and on third-party websites and apps for any purpose, including for promotional and publicity purposes. For purposes of clarification only and not limitation, (a) this license includes, and you expressly consent to, Bride & Groom’s 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 Bride & Groom. Nothing in this license requires Bride & Groom to use or publish your Content in any specific way or on any specific platform or use or publish your Content at all.
4. Any statements, remarks, or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting products, brands, or services in your Content, you further agree to disclose any material connections you may have with Bride & Groom or other third-party brands or sellers (such as if you are a paid blogger, employee, or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at Bride & Groom’s request.
5. You acknowledge and understand that you will not be paid for Bride & Groom’s use of your Content as described in this License Agreement. Each of us will bear our own expenses associated with this License Agreement.
6. You agree to take any actions (including execution of documents) reasonably requested by Bride & Groom to effect, evidence, or perfect the representations and/or licenses and rights set forth in this License Agreement.
7. You agree that you will not submit Content that:
a. Infringes any patent, trademark, copyright, trade secret, or other intellectual or proprietary right of another;
b. Includes material this is unlawful, defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, fraudulent, inflammatory, or otherwise objectionable;
c. Displays, describes or encourages the use of a product or service that could be offensive, harmful or inappropriate to Bride & Groom 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;
d. Makes or includes false or misleading statements, claims or depictions about a person, company, product or service; or
e. Impinges upon or violates the publicity, privacy or data protection rights of others.
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 stalked, assaulted, or threatened other people, have not entered into private property without permission, have not impersonated any other person or misrepresented your affiliation, title, or authority, and have not otherwise engaged in any activity that may result in injury, death, property damage, and/or liability of any kind. Bride & Groom will reject and/or remove any Content in which Bride & Groom believes, in its sole discretion, that any such activities have occurred.
8. To the fullest extent allowed by law, you agree to release, discharge and indemnify Bride & Groom and its employees, contractors, sponsors or any other person acting under Bride & Groom’s 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.
9. This is the entire agreement between you and Bride & Groom in relation to the Content you’re licensing. If a court finds any provision of this License Agreement to be unenforceable or unreasonable in any respect whatsoever, 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.
10. This License Agreement will be governed by the applicable federal law and the laws of the State of Texas, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Bride & Groom’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).