USAGE RIGHTS REQUEST

v.13.05.2020

Hey - so glad you stopped by! We, , came across your awesome picture or video and just had to ask if we could use it on our marketing channels. To do so, we’d like to request the right to use your UGC (“User Generated Content” – “UGC”). Thanks for considering our proposal!

1) We periodically get in touch with our customers to request their permission to reproduce and integrate our favorite UGC 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 to the extent described below, we will post your account name on our website to make sure people know whose great UGC it is. We’ll also credit your account name where possible when using your Content in other marketing channels.

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


GRANT OF RIGHTS

You hereby grant to Licensees a non-exclusive, perpetual, royalty-free, irrevocable, transferable, worldwide right and license (including the right to sublicense to third parties) to use, reproduce, edit, display, adapt, distribute, transmit, perform, and otherwise use the User Content in connection with their marketing and promotion in any manner and in any media now known or hereinafter invented, including for example and without limitation, on Licensees’ and retailers’ websites and in social media, in marketing emails, and in paid social media advertisements. You agree that upon Licensees’ request, you will confirm your consent to this license and the other permissions granted herein in an affidavit or by other means requested by Licensees.

Licensees have the right to:

Licensees do not undertake to review User Content, and cannot ensure removal or prompt removal of objectionable material after it has been posted. Accordingly, Licensees assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Licensees shall have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.


Representations and Warranties

You represent and warrant that: (i) you are 18 years of age or older; (ii) you own or control all rights in and to the User Content; (iii) if any third party has rights in the User Content, you have obtained all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the license described above to Licensees (for example, permission from all person(s) appearing in your User Content for their images to be used in this program without payment of any kind; (iv) you are legally entitled to post the User Content, and Licensees’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any local, state, federal, foreign, and/or international laws or regulations, and (v) the User Content does not:


Release

You hereby release, discharge, and agree to defend, indemnify and hold harmless Licensees from and against any and all liabilities, claims, damages, settlements, and expenses, including attorneys’ fees, arising from (i) allegations that, if true, would constitute a breach by you of any term of this Agreement; (ii) Licensees’ use of the User Content; or (iii) any claims resulting from any action taken by Licensees during or as a result of investigations and from any actions taken as a consequence of investigations by either Licensees or law enforcement authorities. Licensees reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case, in addition to fulfilling the obligations stated above, you shall assist and cooperate with Licensees in asserting any available defenses

class="lead">Personal Information

You understand and agree that the User Content that you have submitted is deemed non-confidential and that Licensees have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except as provided herein or required by law. By responding to our request with the Hashtag, you are consenting to the collection by Licensees of any personal information associated with your User Content and to the transfer of such information to servers that may be located in other countries, or to affiliates or other trusted third parties based in other countries, so that they may process such information on Licensees’ behalf. By responding to our request with the Hashtag, or otherwise providing Licensees with personal information, you agree to such collection, use, disclosure, processing, and transfer of your information in accordance with this Agreement. If you do not agree to the collection, use and disclosure of your personal information in this way, do not use the Hashtag. 

Miscellaneous

This Agreement represents the entire agreement between you and Licensees with respect to the subject matter hereof. EOS Hospitality LLC may update the terms of this Agreement at any time without prior notice. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to the conflicts of laws provisions thereof. To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to this Agreement shall be instituted and adjudicated in a state or federal court sitting in New York, New York. The provisions of this Agreement are severable and the invalidity or unenforceability of any provisions hereof shall not affect the validity or enforceability of any other provisions hereof.

For further informations, please contact: