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Terms and Conditions
“We” and/or “Us” means Windycase. and the client on whose behalf the content is being collected.
“You” means the User submitting any User Content.
BY AGREEING TO THE WHOLE TERMS AND CONDITIONS BELOW, YOU WILL ENTER A BINDING LEGAL AGREEMENT WITH US. PLEASE READ THE FOLLOWING CONTENT CAREFULLY BEFORE ACCEPTING THE OFFER
Your name, social media handle, accompanying text, and any pictures, videos, or audio from your social media accounts (such as Twitter™, Instagram™, or Pinterest™, etc.) are all collectively referred to as "User Content" as long as the User Content submitted by you complies with these Terms & Conditions. This also applies to any photos, videos, or other content that you submit through or to Us.
You agree that the User Content may be posted on social media and other websites, as well as in emails, advertisements, and on the social media pages of our business partners, vendors, and retailers.
You acknowledge and agree that any User Content: will be truthful; will not break any laws or regulations or assist in their breaking; will not infringe upon any third party's copyright, trademark, privacy, or publicity rights; and will not harm any individual or entity; and won't include, or provide links to, any information that can be construed as dangerous, sexually explicit, indecent, lewd, violent, abusive, or demeaning, malware, political campaigning, commercial solicitation, chain letters, mass mailings, or any other type of "spam." We take no responsibility for any User Content that you upload, and you are completely liable for it.
You understand and agree that, at our sole discretion, We reserve the right (but are under no obligation to) do any or all of the following: (i) keep track of User Content; (ii) change, remove, or refuse to post or permit the posting of any User Content; and/or (iii) reveal any User Content, as well as the circumstances of its transmission, to any third party. You give Us a non-exclusive, sublicensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, and distribute any User Content you submit, as well as a worldwide license to incorporate User Content into any form, medium, or technology now known or hereafter developed,all without compensation to you.
You understand and agree that We may, in our sole discretion, do any or all of the following: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. However, We are under no obligation to do any of the preceding. You grant Us a non-exclusive, sublicensable, fully paid-up, worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, and distribute any User Content you submit. You also grant Us the right to incorporate User Content into any form, medium, or technology now known or hereafter developed, all without compensation to you.
Therefore, please refrain from sending us any User Content, including any confidential information or any original creative materials like stories, product ideas, computer code, or original artwork, that you do not want to grant us a license to use.
Additionally, you allow Us the right to include the name you supply along with the User Content you submit, with the caveat that We are under no obligation to do so. You agree that any User Content you freely provide is not private or confidential. You affirm and guarantee that you possess all rights necessary to grant the licenses granted in this section, including but not limited to authorization from or on behalf of any individuals who appear in the User Content to use and grant third parties permission to use their name, image, voice, and/or likeness without payment to you or any other person or entity.
Please be aware that any User Content submitted may be utilized by Us for commercial endeavors, copied or exported from any of our sites, and published elsewhere on the internet, including on any social networking sites, or in other ways.
Please use caution when choosing what to submit to Us because We have no control over User Content once it has been published or exported elsewhere. This includes, but is not limited to, other websites on the Internet and on any social media platforms.
You acknowledge that any claims to any rights in any User Content or any damages resulting from any User Content will be your responsibility to defend Us and our affiliates against. You also agree to defend, hold harmless, and indemnify Windycase, its clients, officers, directors, and employees (collectively, the "Releasees") from any and all third-party claims arising from the use of the User Content or from any breach by you of your representations herein, including but not limited to claims of infringement or violation of intellectual property.By submitting the User Content, you hereby release Windycase and Releasees from any and all claims that our use of your photo, with or without your name, including but not limited to use on numerous websites, infringes or violates your rights in your User Content or any work or material contained in your User Content, and you hereby irrevocably waive any such claims.
