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USER GENERATED CONTENT TERMS OF USE

USER GENERATED CONTENT TERMS OF USE

In these User Generated Content (UGC) Terms of Use, “we”, “us” and “our” refers to Sofary Lighting LLC (or any of its affiliated companies as appropriate).

The “Photo” refers to the photo(s), video(s) caption and comments you posted on Facebook, Twitter, Instagram, Testimonial, Pinterest, or any similar or successor social media application or platform (“Social Media”) described in the message we sent referring you to these UGC Terms of Use.

By selecting approve, post or send, you agree that we may use your Photo in accordance with these UGC Terms of Use.

 

About You

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;
  • You have full power and authority to agree to these UGC Terms of Use;
  • 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;
  • You have permission from any person(s) appearing in the Photo to provide us with the rights to use the Photo as described in these UGC Terms of Use;
  • 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 Photo as described in these UGC Terms of Use will not violate the rights of any person or entity and will not violate any law.
  • You confirm and agree that Our use of your Photo as described in these UGC Terms of Use does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity; and
  • You have read and you agree to comply with all of the terms and conditions in these UGC Terms of Use.

 

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 confirm that you have the consent or permission of any other person or entity that is required for our use of your Photo as described in these UGC Terms of Use, including but not limited to: (a) any person who appears or performs in your Photo, and (2) any person or entity who owns any rights in your Photo or anything that appears in your Photo. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to Copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the Photo and the rights you are granting us under these UGC Terms of Use.

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.

If requested, you will sign any documentation reasonably requested by Sofary in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under these UGC Terms of Use.

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.

Miscellaneous

 

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Sofary’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

You agree that if Sofary does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Sofary has the benefit of under any applicable law), this will not be taken to be a formal waiver of Sofary’s rights and that those rights or remedies will still be available to Sofary.

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.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

These Terms of Use, and any disputes or claims arising out of or related to these Terms of Use, shall be governed by the laws of the State of Washington, and any actions arising out of or related hereto shall be exclusively brought in the state or federal courts located in Seattle, Washington. You hereby waive any objection as to forum or venue.