USAGE RIGHTS REQUEST

v.04.10.2016

Hey - so glad you stopped by! We, PAUL HEWITT, are so happy that you like our products that much! We’ve come across your picture or video and just had to ask if we could use it on our marketing channels. Therefore, we’d like to request the right to use your UGC (“User Generated Content” – “UGC”). Thanks a lot for considering our proposal!

1) We periodically get in touch with our customers to request their permission to reproduce and integrate our favorite UGC for example in our website, email, social media, in-store or to use it for other marketing purposes.

If you grant us your permission to use your UGC in the extent described below, we will post your account name on our website to make sure people know, whose great UGC that is. We would also effort to post your account name when using your Content in other marketing channels.

2) By responding to this usage rights request with the hashtag #yespaulhewitt you are agreeing to the following licensing terms:


GRANT OF RIGHTS

You hereby grant to us and our affiliates a non-exclusive, free, timely and locally unlimited right to use your UGC for all marketing purposes, online and offline, especially in advertisements, for example our catalogs, in store, email and all other communications including business to business as well as business to consumer relationships, especially to safe, reproduce, display, distribute, make publicly available and - while respecting Section 14 German copyright act - alter and edit your UGC. (“Licence”).

The license is:

  • “non-exclusive” meaning you may use the UGC for your own purposes or let others use your UGC for their purposes;
  • “free” meaning free of any charges. We do not owe you anything in connection with our use of your UGC;
  • “timely unlimited” meaning that you grant us the license for an indefinite period of time;
  • “locally unlimited” meaning we may exercise our rights anywhere in the world.

Our “Affiliates” are limited to our partnershops, resellers and affiliated companies pursuant to Section 15 of the German Stock Corporation Act, and the Anchor Media GmbH (squarelovin).


YOU PROMISE US

  • that you have the right to grant us the License in the extent described above;
  • that you have permission from all person(s) pictured in your UGC, that the UGC in which they are pictured can be used in the extent described above;
  • that you have paid and will pay in full any fees or other payments that may be related to the use of your UGC;
  • your UGC does not infringe any legal rights of any third party, for example intellectual property rights or privacy rights;
  • You as an individual are at least eighteen (18) years of age or as a legal representative agree to the License in the extent described above.

We reserve the right to stop using your UGC for any reason and remove it from our marketing channels without any notification or replacement.

To this agreement GERMAN Law (to the exclusion of the UN Convention on Contracts for the International Sale of Goods) is solely applicable. If you are a consumer, this choice of law is only applicable insofar, as mandatory consumer laws in the state where you have your usual whereabouts remain unaffected.

If you are a merchant, an entrepreneur within the meaning of Section 14 of the German Civil Code or a legal person under public law or a special fund under public law or you have no residence in Germany or your whereabouts are unknown, the exclusive - and international - place of jurisdiction for all legal disputes because of or in connection with this agreement is our place of business.

For further informations, please contact:

PAUL HEWITT GmbH & Co. KG
Heiligengeistwall 12
26122 Oldenburg

+49 441 3794893-0
https://www.paul-hewitt.com