Hey! We here are are thrilled that you like our products. We occasionally contact our customers to ask permission to use some of our favorite photos, videos, or other user generated content (collectively, “UGC”). We commented on this particular UGC because we really like it and would like to request your permission to use it in our marketing efforts. Of course, if we use your UGC we will make sure that your account name is identified so that everyone knows who the creator of this awesome UGC is.
PLEASE READ THE FOLLOWING CAREFULLY. If you agree to grant us permission, please reply to our DM with . By replying , you agree to the following:
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).
1. You Promise Henkel:
You represent and warrant that: (i) you are at least 18 years old, as is everyone else appearing in the UGC; (ii) you have full right and authority to enter into this agreement and you own or have obtained all necessary rights and permissions to grant the rights to the Licensed Parties; and (iii) neither the UGC, nor the Use of the UGC as permitted in these Terms and Conditions, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity.
Our use of your UGC may include, without limitation, a photograph, text, handle or account name, information, images, graphics, video or any combination thereof. By responding to our direct message with"", you are granting Henkel Corporation and its affiliates its third-party service providers, media and digital companies and properties, social media services and platforms, and any other representative or designee of the foregoing (collectively, the "Licensed Parties") a non-exclusive, royalty-free, fully paid, irrevocable, perpetual, unrestricted, worldwide, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works, and otherwise exploit (collectively, " Use") such UGC for any purpose whatsoever, including, without limitation, advertising, marketing and promotional purposes, and in any media whatsoever, now or hereafter existing or developed, even if these Terms and Conditions are later modified or terminated. You will retain all ownership of the UGC. The Licensed Parties have no obligation to Use your UGC.
You hereby agree to defend, indemnify and hold the Licensed Parties and their respective officers, directors, employees, agents, representatives, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind, and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney's fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of the Content, your breach or alleged breach of these Terms and Conditions, including any of your warranties, representations or agreements hereunder, your violation of Laws, or your violation of any rights of another person or entity.
These Terms and Conditions and any related claim or dispute, whether in contract, tort or otherwise, shall be governed by the laws in effect in the State of Connecticut, without giving effect to its conflicts of law principles. Each party irrevocably consents and agrees to the exclusive jurisdiction of the Connecticut state or federal courts, as applicable, located in Hartford County. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT. In the event that any provision of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable in any jurisdiction, such provision shall be revised solely to the extent necessary to render such provision valid, legal and enforceable, and without invalidating or affecting the remaining provisions hereof. Nothing contained herein shall deem or construe you and Henkel to be partners, joint venturers, principal-agent or employer-employee, and no party shall have any authority to obligate or bind the other whatsoever. These Terms and Conditions represent the entire agreement between you and Henkel with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written. No modifications, amendments or waivers will be effective unless in writing and signed by both you and Henkel.