We love your User Content and know others will benefit from seeing it on our websites, social media channels, and other forms of media. As you consider allowing Spencer Gifts LLC (“Spencer’s”) to use your User Content, we want to make sure you know exactly how we intend to use it. “User Content” refers to your comments, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information.
By replying to our comment with “#YesSpencers” and providing your permission, you are affirming that you alone created or own the User Content and no one else has any rights to it or could claim they own it or that it infringes on rights of others and that you agree and accept Spencer’s User Generated Content Terms and Conditions (the “Terms”). Likewise, if there are people in the User Content other than yourself, you are also affirming they are over 18 and they know you are giving us permission to use the User Content, and have consented to it being used by Spencer’s pursuant to this license.
You represent and warrant to Spencer’s as follows: that your User Content is your own original work and that you have the right to grant the rights and permissions set forth in the Terms; you have obtained all necessary licenses and permissions from all applicable third parties required for the submission of the User Content and use as permitted in these Terms; you will comply with all FTC disclosure requirements and guidelines relating to your User Content; the posting and/or display and/or other permitted use of your User Content by Spencer’s or those deriving rights through Spencer’s will not violate any provision of any applicable law or regulation, or in any way infringe or violate rights of any third parties, including but not limited to copyright and other intellectual property, privacy or publicity rights; you waive any and all moral rights that exist in your User Content and any derivative works made therefrom.
You will continue to own the User Content. You are giving Spencer’s and its affiliates a non-exclusive license to use the User Content which can’t be revoked by you except where permitted by law. Spencer’s and its affiliates will have the right to reproduce the User Content in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in perpetuity in any medium now known or later developed and without restriction or limitation. Also, if you posted your User Content with your real name, username, caption, location information or other identifying information, you agree we can use that information with your User Content. The User Content and other information may be used for advertising and promotional purposes and Spencer’s may use the User Content either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter, materials written by us or others, or other photographs. You understand that you won’t have the right to approve how we use your User Content. While Spencer’s will make commercially reasonable efforts to give you credit for your User Content if Spencer’s uses it, you agree that such credit is not mandatory and your permission for us to use your User Content is not contingent upon such credit being given or any fees being paid to you.
You also understand that by granting us permission to use your User Content, you are at least 18 years of age, and release Spencer’s and its affiliates, their employees and officers, and any third party services that use your User Content from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, costs and expenses, including reasonable attorney’s fees and expenses relating to or arising out of the use of your User Content as contemplated by this license.
If you don’t agree to these terms, we completely understand and no further action is required.
Thanks again and please contact us at firstname.lastname@example.org if you have any questions.