SOCIAL MEDIA REUSE CONSENT

We love your Social Media 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”) and its affiliates, along with their licensees, successors, and assigns (collectively with Spencer’s and its affiliates, the “Spencer’s Parties” “our” “us” “we”), to use your Social Media Content, we want to make sure you know exactly how we intend to use it. “Social Media Content” refers to your comments, tweets, posts, photos, pictures, images, videos, materials, or other user-generated content or information related to Spencer’s and/or its products or services.

By replying to our comment with “#YesSpencers” you are (1) providing your permission for us to use your Social Media Content; (2) affirming that you are at least 18 years of age; (3) affirming that you alone created or own the Social Media 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 (4) confirming that you agree to and accept Spencer’s Social Media Reuse Consent terms (the “Terms”). Likewise, if people other than yourself are mentioned or appear in the Social Media Content, you are also affirming they are over 18 and they know you are giving us permission to use the Social Media Content and have consented to it being used by Spencer’s pursuant to this license.

You represent and warrant as follows: that your Social Media 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 and use of the Social Media Content as permitted in these Terms; you will comply with all FTC disclosure requirements and guidelines relating to your Social Media Content; the posting and/or display and/or other permitted use of your Social Media 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; and you waive any and all moral rights that exist in your Social Media Content and any derivative works made therefrom.

You will continue to own the Social Media Content, and granting the Spencer’s Parties the right to use the Social Media Content is not intended to diminish your right to use the Social Media Content. You are giving the Spencer’s Parties a non-exclusive license to use the Social Media Content which can’t be revoked by you except where permitted by law. The Spencer’s Parties will have the right to reproduce the Social Media 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 Social Media Content with your real name, username, caption, location information, or other identifying information, you agree we can use that information with your Social Media Content. You further represent, warrant and agree that we may transfer your personal information to the U.S. and elsewhere around the world, where applicable laws may not provide the same level of protection for your information as where you reside, and that anyone else mentioned or appearing in the Social Media Content consents to the same.

The Social Media Content and other information may be used for advertising and promotional purposes and Spencer’s may use the Social Media 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 Social Media Content. While the Spencer’s Parties will make commercially reasonable efforts to give you credit for your Social Media Content if the Spencer’s Parties use it, you agree that such credit is not mandatory and your permission for us to use your Social Media Content is not contingent upon such credit being given or any fees being paid to you. You further represent, warrant and agree that you have not been compensated by the Spencer’s Parties and have no other material connection to the Spencer’s Parties (e.g., you are not an employee or contractor of the Spencer’s Parties).

You agree that (1) the laws of the U.S. shall govern this agreement and you irrevocably consent thereto; (2) if any part of this agreement is contrary to applicable law it shall not apply to the extent necessary for the remainder to remain in full force and effect; and (3) this agreement supersedes any previous discussion or agreement relating to the use of the Social Media Content.

You acknowledge that you have read and agree to our Website Terms of Use and Privacy Policy and agree that they shall govern the Social Media Content as if you had posted it on www.spencersonline.com, and that your consent hereto shall be governed by the Website Terms of Use, including its representations and warranties, indemnity, liability limitations, governing law and mandatory arbitration provisions.

BY REPLYING #YESSPENCERS, YOU AGREE TO THE ABOVE FOR THE POSSIBILITY OF PUBLICITY AND OTHER SUFFICIENT CONSIDERATION, RECEIPT OF WHICH YOU ACKNOWLEDGE, AND UNDERSTAND THAT YOUR ACCEPTANCE SHALL BE RECORDED AND RELIED UPON BY THE SPENCER’S PARTIES.

If you don’t agree to these terms, we completely understand and no further action is required.

Thanks again and please contact us at social@spencergifts.com if you have any questions.