Social Media Agreement
Effective Date: February 18, 2021
Thanks for your interest in sharing your photo(s)/video(s) and other content with us to use in our marketing/ads, website and social media. Please review the submission terms below. The terms describe your agreement to allow us to use your content. If you agree to the terms, please return to your social media account and reply to the Yes To comment we have left on your photograph(s)/video(s) with #Yesto. By replying #Yesto, you warrant that you are at least 18 years of age.
By posting “Your Content” (as defined below) on a website or other digital media channel governed by these Submission Terms, or by sending an #Yesto response or otherwise conveying your agreement to these Submission Terms, you hereby confirm that the submission of your Content is governed by these Submission Terms.
- You represent that you are the owner of the photograph(s)/video(s) or other content you share or submit to Yes To along with your name, likeness or other personal characteristics (“Likeness”), or the Likeness of any other person who appears in the photograph/video or content, and other information associated with the photograph/video or content (e.g., location and metadata) (“Your Content”).
- You represent and warrant that you have or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to grant the permission and rights granted herein with respect to Your Content, including all consents and permissions from any individuals who appear in the photographs/videos or any other content you share or submit to Yes To, and that no one else’s permission is required to grant such rights.
- You continue to own Your Content, but you are giving Yes To, Inc. and its, parent, subsidiary and affiliate entities (collectively, “Yes To”) a license to use Your Content.
- More specifically, you hereby grant Yes To a perpetual, irrevocable, fully sublicensable, royalty-free, gratis right, but not the obligation, to copy, reproduce, film, record, publish, distribute, publicly display, change, modify, incorporate, adapt, create derivative works from, commercialize and otherwise use and exploit Your Content, in whole or in part, in any and all languages and in any and all media and distribution and publication channels, now known and hereafter devised, including without limitation in Yes To’s websites, mobile apps, e-mail, and social media channels, for any purpose, including advertising, marketing and promotional purposes, throughout the universe, without attribution to you or with attribution to your Likeness.
- You represent that any statements, remarks or claims contained or depicted in Your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in Your Content, you further agree to disclose any material connections you may have with Yes To or any such brand, products or services (such as if you are an employee, paid blogger or recipient of free products).
- You acknowledge that you have no right to approve Yes To’s use of Your Content and that Yes To has been induced to proceed with its advertising, marketing and promotional plans in reliance upon this Agreement.
- You acknowledge that the rights granted in this Agreement are in addition to (not in lieu of) the fair use rights Yes To would have as a member of the general public if this Agreement was not in effect.
- To the maximum extent possible, you hereby waive any and all rights you may have or claim to have under any law relating to “moral rights of authors” or any similar law, or as a result of any alleged violation of such rights. You agree not to institute any action on the ground that any changes, deletions, additions, or other uses of Your Content violate such rights.
- You agree to sign and deliver documents and take any other actions reasonably requested by Yes To to effectuate, perfect or evidence the license and rights granted to Yes To in this Agreement.
In submitting Your Content, you agree you will not:
- Submit material about any individual when you have knowledge that such individual objects or has objected to such submission;
- Submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable;
- Submit material that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Yes To or any consumer or that is contrary to any instructions or warnings relating to the product;
- Submit material that makes false or misleading statements, claims or depictions about a person, company, product or service;
- Impersonate another person;
- Submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Yes To all of the license rights granted herein; or
- Submit material that is malicious or destructive in nature, or contain a virus, malware or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information.
The relationship between you, and Yes To and its officers, directors and employees is not a confidential, fiduciary, or other special relationship. You hereby waive, and release Yes To and any other person acting under Yes To’s permission or authority from, any claim of any kind or nature arising from the use of Your Content including, without limitation, those based upon copyright, any rights of privacy, publicity, defamation, or any other personal or property right, and on behalf of yourself and your heirs, you agree that you shall not now or in the future assert or maintain any such claim against Yes To. In no event shall you have any right to seek or obtain injunctive or other equitable relief with respect to Yes To’s use of your Content or exploitation of the rights granted herein or to in any way enjoin the production, distribution, exhibition or other exploitation of any production or other materials based on or allegedly based on Your Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. WITH respect to the foregoing waiver and release, YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE § 1542, which states:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
You hereby agree to indemnify Yes To against all any and all third party claims, liabilities, losses, damages and expenses, including reasonable outside attorneys’ fees, arising out of any breach or allegation that, if true, would constitute a breach by you of these Submission Terms.
This Agreement is the complete and binding agreement between you and Yes To, superseding all prior understandings and communications with respect to Your Content.
Yes To may assign, transfer, license, delegate, and/or grant any or all of its rights hereunder to any person or entity without restriction.
This Agreement cannot be amended except by a written agreement signed by an authorized representative of Yes To.
This Agreement shall be governed by the laws of California, and you agree to submit to the exclusive jurisdiction of the courts of Los Angeles County, California, USA in respect of any disputes arising under or in connection with this Agreement. You hereby waive any objection that Los Angeles County is an inconvenient forum.
If any part of this Agreement is deemed to be invalid or unenforceable, then the balance of this Agreement shall remain in effect and shall be construed as if the invalid or unenforceable provision were not contained herein.
How to Contact Us
If you have any questions, comments or notices regarding this Agreement, please contact us at firstname.lastname@example.org.