PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY.
THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND FOCUS BRANDS LLC AND ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, “FOCUS BRANDS”, “WE”, “OUR” OR “US”). BY USING ONE OR MORE OF THE HASHTAG PHRASES ASSOCIATED WITH FOCUS BRANDS (EACH A “HASHTAG PHRASE”), OR INCLUDING OUR HASHTAG PHRASE WHEN REPLYING TO OUR MESSAGE TO YOU REQUESTING THE RIGHT TO USE YOUR CONTENT (AS DEFINED BELOW), YOU ARE AGREEING TO ALL OF THESE TERMS WITH RESPECT TO THE CONTENT. FOR A LIST OF CURRENT FOCUS BRANDS HASHTAG PHRASES, SEE THE END OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT USE OUR HASHTAG PHRASES OR REPLY TO OUR MESSAGE TO YOU. IN PARTICULAR, BUT WITHOUT LIMITATION, YOU CONFIRM THE FOLLOWING:
You will retain all ownership of the Content (subject to the license granted herein). Any Licensee shall have the right, but not the obligation, to use your username, and, if provided in connection with the Content, real name, image, likeness, caption, location information or other identifying information, in connection with any permitted use of the Content.
By approving the use of the Content, you waive (i) any right to review, inspect or approve the use of the Content in any format or media, whether that use is known to you or not; and (ii) any right to royalties or other compensation arising from or related to the use of the Content.
You may not upload, post or otherwise generate or make available to us any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Content that you provide.
You represent and warrant that: (i) you (and any other person appearing in the Content, if any) are at least 18 years old or the age of majority, whichever is older, in your state and/or country of residence; (ii) you have full right and authority to enter into this agreement; (iii) neither your Content, nor the use of the Content as permitted in these Terms, will infringe upon, misappropriate or violate any laws or the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity; (iv) neither you nor any person appearing in the Content is an employee, consultant, brand ambassador, or is otherwise materially related to FOCUS Brands; (v) FOCUS Brands has not compensated you for the Content; and (vi) you own or have obtained all necessary rights and permissions to grant the rights granted herein, including without limitation, all rights or permissions from the creators of the Content or any individual(s) appearing in the Content, and no payment of any kind is due to any third party for the use of the Content as set forth herein.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content that you provide, and you agree to indemnify and hold the Licensees and their officers, directors, employees, agents and licensors harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) FOCUS Brands or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand relating to or arising out of the Content, your breach or alleged breach of these Terms, or your violation or misappropriation of any applicable law, regulation, or the copyrights, trademark rights or other rights of any third party.
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on a FOCUS Brands’ Site, App or social media platform please provide FOCUS Brands’ designated agent the following information:
FOCUS Brands’ agent for notice of claims of copyright or trademark infringement can be reached as follows:
5620 Glenridge Drive NE
Atlanta, GA 30342
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.