I AM THE AUTHOR AND NO OTHER PERSON ASIDE FROM MYSELF APPEARS IN THE PHOTOGRAPH
I shot the original photograph(s), graphic(s), image(s), selfie(s), video(s), message(s), or other material(s) that I have tagged with #st3ike or uploaded, and created any accompanying caption(s) (collectively, the “User Content”), I own the User Content and there are no other entities that have ownership claims to the User Content, and, in consideration for good and promotional consideration, the sufficiency and receipt of which are hereby acknowledged, I wish to license any and all rights in the User Content to i-LAPS Ltd (“i-LAPS”) upon the terms and conditions as outlined in this Agreement. I warrant and represent that no other person has shot, created, or appeared in the User Content. In the event someone else has shot, created, or appeared in the User Content or has any ownership claims in the User Content, I hereby warrant and represent that each person has, in consideration for good and promotional consideration, in writing that I shall furnish promptly to i-LAPS upon request, licensed sufficient rights in the User Content to be such that I may license the User Content to i-LAPS upon the terms and conditions set forth in this Agreement.
I-LAPS MAY USE THE USER CONTENT
I hereby grant to i-LAPS and others acting under i-LAPS’s direction, in perpetuity, the irrevocable, non-exclusive, royalty-free, unlimited worldwide right and license to use the User Content in any form (including but not limited to video, internet posting, reproduction, display, email, publication, and distribution) for any purpose (in connection with any i-LAPS design, development, production, marketing, advertising, distribution, promotion, and sale), and to sublicense, telecast, publicize, edit, change, modify, add to, subtract from the User Content, and create derivative works, in any and all media (including social media sites) now known or hereafter developed, either through i-LAPS’ own service or services provided by third parties, without any compensation to me. I represent and warrant that all of the User Content submitted to i-LAPS using the hashtag #st3ike hereto is original in nature and that I have the legal right to irrevocably license to i-LAPS, and its respective successors, licensees, sub-licensees and assigns, in perpetuity, the rights mentioned herein to the User Content. While i-LAPS will make commercially reasonable efforts to give you credit for your User Content and provide a link back to your content or account, you agree that such credit is not mandatory and your permission for i-LAPS to use your User Content is not contingent upon such credit being given. You waive any right to inspect and/or approve the finished work incorporating the User Content or the advertising copy that may be used in connection therewith or any use upon which said finished work may be applied. Further, you waive any claims to royalties with regards to your User Content or our finished work.
I ASSUME THE RISKS ASSOCIATED WITH THE USE OF THE USER CONTENT
I understand under no circumstances will i-LAPS be liable in any way for any loss or damage of any kind incurred by me as a result of the use of the User Content. i-LAPS has the right, but not the duty, to monitor and edit or remove the User Content and/or any comments posted or sent about the User Content. I further acknowledge i-LAPS is not responsible for and does not endorse, the opinions, advice, suggestions or recommendations posted or sent about the User Content and i-LAPS disclaims any liability in connection therewith. I also understand when publishing the User Content on the Internet, including by use of the hashtag #st3ike on a social media site, i-LAPS has no control over the User Content and it is possible that others may duplicate it, including, but not limited to, on other sites on the Internet.
I-LAPS MAY USE MY NAME AND MY LIKENESS
I hereby grant to i-LAPS the right to use my name, nickname, likeness, voice, picture, image, caricature, statements, social media handle, accompanying texts, inquiries, feedback, suggestions, language, writings, statistics, signature, facsimile signature, biography, photograph, video, motion picture and any other reference to my persona, personality, the information I provide i-LAPS or preferences (collectively the “Attributes”), in connection with the manufacture, sale, marketing, advertising and promotion of i-LAPS products and/or the i-LAPS brand ST3IKE, including, without limitation, on the Internet and in connection with social media. This license shall include, without limitation, the right to use the Attributes in the advertisement and promotion of i-LAPS ST3IKE products and marketing that use or reference the User Content, including, without limitation, on and in any artwork, packaging, advertising and promotional material and in connection with any and all advertising, press conferences, media releases, social media accounts, internet-based marketing, broadcasts and other incentives, publicity and public relations programs relating to i-LAPS or the User Content without restriction as to geographic distribution or the frequency or duration of use.
REPRESENTATIONS AND RELEASES
I represent and warrant that: (a) I have the sole and exclusive right to enter into and perform this Agreement and to grant the rights granted herein, (b) the rights I have granted hereunder will not conflict with or violate any commitment, agreement or understanding I have or will have with, nor infringe upon any rights of, any person or entity, (c) the consent of no other party is required for i-LAPS to exercise its rights hereunder, (d) I am over 18 years of age and (e) I am a legal resident of the United States of America. I understand i-LAPS is conducting such activities in express reliance upon the foregoing. I will have no claim (including without limitation claims based on invasion of privacy, trademark, copyright, defamation, libel, slander, right of publicity and any other personal and property rights) arising out of any use of the User Content or Attributes permitted by this Agreement, and I hereby agree to release, indemnify, defend, hold harmless, and discharge i-LAPS from and against any and all claims, damages, losses, costs, expenses and/or liabilities of any kind or nature whatsoever (including without limitation attorneys’ fees) arising out of or in connection with or incurred by reason of the use of the User Content and/or the Attributes set forth herein or the inaccuracy or breach of any representation, warranty, promise, agreement or undertaking I have made herein.
NO OBLIGATION TO USE CREATED BY THIS AGREEMENT
i-LAPS will not be obligated to produce, release, or actually use the User Content or the Attributes or continue such production or release or use if commenced. i-LAPS does not guarantee the accuracy, integrity or quality of the User Content. My sole and exclusive remedy for i-LAPS’ breach, termination or cancellation of this Agreement or any term hereof will be an action at law for damages if any; and I irrevocably waive any right to seek and/or obtain rescission, equitable or injunctive relief, to terminate or rescind this Agreement and/or to enjoin or restrain the distribution, exploitation, advertising, promotion or exhibition of the User Content, the Attributes or any rights therein. It is understood and agreed that in no event will i-LAPS be liable for any indirect, incidental or consequential damages. i-LAPS may license or assign this Agreement and/or all or any part of its rights hereunder to any persons or entities whatsoever, and upon such assignment, i-LAPS will be released from its obligations hereunder. This Agreement will inure to the benefit of and be binding upon the parties respective successors, licensees and permitted assigns. I may not assign this Agreement in whole or in part without i-LAPS’s prior written consent. Notwithstanding anything to the contrary set forth herein, the grant of rights, representations, warranties and indemnities hereunder will survive the expiration or other termination of this Agreement.
COMPLETE AGREEMENT; GOVERNING LAW
This agreement is governed by the laws of the United Kingdom and constitutes the complete and exclusive agreement between i-LAPS and me, and I am not relying on any other representation or agreement, whether oral or written. The Parties agree that any disputes between them which cannot first be resolved informally will be resolved by final and binding Arbitration in London in the UK, pursuant to the rules and procedures of the London Court of International Arbitration (LCIA).
I agree not to transmit, upload, post, email or make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including spam. I agree not to impersonate any person or entity, or falsely state or otherwise misrepresent my affiliation with any person or entity (including that of i-LAPS), intentionally or unintentionally violate any applicable local, state, national or international law, or collect or store personally identifiable data about other people.
THIRD-PARTY SOCIAL MEDIA FORUM TERMS AND CONDITIONS APPLY
Instagram®, Twitter®, and other similar social media forums are registered trademarks of their respective companies and not affiliated with i-LAPS. Any submission via these or other similar social media sites is subject to all rules and regulations of such sites along with all other applicable laws and regulations. I understand that if I choose to submit my User Content via mobile telephone, standard data rates may apply.
TERMS AND CONDITIONS ARE SUBJECT TO CHANGE
The terms of this agreement are subject to change at any time without prior notice. Any such changes will be reflected on the User Generated Content Photo Sharing Agreement page of the ST3IKE website. This Agreement may not be altered or waived except by a writing signed by both parties.
REMOVAL OF THE USER CONTENT
To request removal of User Content from an i-LAPS social media account or i-LAPS’ ST3IKE website, please send an email to firstname.lastname@example.org including 1) in the subject heading “Removal of User Content, 2) in the body of the email the reason you are reporting it, 3) your email address, 4) a clear copy of the User Content you want to be removed so that i-LAPS may locate the User Content, 5) the social media site or website where the User Content you want to be removed appeared on (along with a link if possible), and 6) your social media account name (if applicable) so that i-LAPS may better locate the User Content. This email address will only be used to communicate with you about the User Content. Once i-LAPS has had an opportunity to review your request, i-LAPS will remove the User Content from the i-LAPS ST3IKE social media account or i-LAPS ST3IKE website referenced in your email. After that, an i-LAPS representative will review the report and determine whether the User Content should be deleted permanently.
IF YOU BELIEVE YOUR CONTENT IS BEING USED BY I-LAPS WITHOUT AUTHORIZATION
i-LAPS respects the intellectual property rights of others. If you believe in good faith that your intellectual property rights and/or rights of publicity have been used on ST3IKE’s website or a ST3IKE social media account without authorization, you may notify i-LAPS via email at email@example.com or by mail to i-LAPS LTD, 40, Skyline House, Dickens Yard, Longfield Avenue London, W5 2BJ UK, return receipt requested. While i-LAPS strives to make ST3IKE’s website and its social media accounts a positive place, they remain in public forums. You acknowledge and agree that i-LAPS is not responsible for others’ misuse of information publicly disclosed here. Please carefully select the type of information that you post or share and report any abuse to i-LAPS.