You represent and warrant that:
- You are at least eighteen (18) years of age or are legally considered an adult in the State or Country where you reside;
- The Photo is your own original creation, you did not take the photo from another website, social media posting or elsewhere, and the Photo does not contain anything that violates the rights of any person or entity;
- The Photo does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or Sofary;
- The Photo does not contain anything illegal, defamatory, obscene or offensive;
- Your upload or post of the Photo does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the Photo;
Our Use of Your Photos
You grant us an irrevocable, perpetual, worldwide, and unlimited right and license to use your Photo (and to allow others to use the Photo) without the payment of any royalty. You agree that you shall never withdraw this permission and license to use the Photo. We may use your Photo for any business purpose on our websites and social media pages, and in our digital newsletters, and any other online, digital marketing material and in any new media or technology that becomes available later in time, throughout the world, for an unlimited time. You agree that we may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the Photo (or any part of the Photo) and related content, and include the Photo (or any part of the Photo) into other works, for any business related purposes, including but not limited to promotional and marketing purposes. You also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the Photo. You agree that we have no obligation to use your Photo or your name or other identifying information.
You irrevocably and unconditionally waive (and agree not to enforce) all rights in the Photo, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.
We have no obligation to use the Photo and we may remove or stop using any Photo at any time, for any reason. Use of the Photo does not imply our endorsement of or any affiliation with you.
Intellectual Property Rights
Sofary Lighting LLC owns all rights in or are licensed to use the Sofary name, logo, and marks, or any other name, logo or marks owned or licensed by Sofary (“Sofary Content”), which may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Sofary by authorizing use of your User Content.
You agree to indemnify and hold harmless Sofary and its affiliates, and its and their respective employees, agents, representatives, officers, directors, and members from and against any claim arising out of your breach or the covenants or representations set forth herein and any claim that the Photo infringes on the intellectual property rights of any third party.