Social Media Agreement

TERMS AND CONDITIONS

 

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU SEND THE HASHTAG #AGREE TO KICKBACKZ, 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 below (but please read the agreement).

  • You own the Content. Nothing in this license agreement changes that.
  • You are giving KickBackz a license to use the Content on KickBackz’s websites, apps, email, and social media, including for promotional purposes.
  • You are releasing KickBackz from any liability and you promise not to sue KickBackz for its use of the Content as described.

  1. You represent and warrant that you are at least 18 years old.
  2. You represent and warrant 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 KickBackz and its affiliates, agents, representatives, licensees and assigns with the license and rights set forth in Section 4 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 photographs, text, graphics, moving images, sound, illustrations or any other materials (including any associated metadata or location information) (collectively, “Content”). For purposes of clarification, Content also includes any profile information you allow KickBackz to access from third party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.
  1. You hereby grant to KickBackz a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, on KickBackz’s social media accounts, on or in any digital platforms of KickBackz (including websites, apps and e-mail), and on third-party websites and apps for any purpose, including for promotional and publicity purposes. For purposes of clarification and not limitation, (a) this license includes, and you expressly consent to, KickBackz’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 KickBackz. Nothing in this license requires KickBackz to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.
  2. 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 KickBackz or other third-party brands or sellers (such as if you are an employee, paid blogger 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 KickBackz’s request.
  3. You understand that you will not be paid for KickBackz’s use of your Content as described in this License Agreement. Each of us will bear our own expenses associated with this License Agreement.
  4. You agree to take any actions (including execution of documents) reasonably requested by KickBackz to effect, perfect or evidence the representations and/or licenses and rights set forth in this License Agreement.
  5. To the fullest extent allowed by law, you agree to release, discharge and indemnify KickBackz and its employees, contractors, sponsors or any other person acting under KickBackz’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.
  6. This is the entire agreement between you and KickBackz in relation to the Content you’re licensing. If a court finds any provision of this License Agreement to be unreasonable or unenforceable in any respect, 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.
  7. This License Agreement will be governed by applicable federal law and the laws of the State of New York, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of KickBackz’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).

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