Papablic engages a limited number of service providers to facilitate the collection and transmission to the Papablic websites (www.papablic.com and others)(the “Site”), social media channels(including but not limited to Instagram/Facebook/Pinterest/TikTok/ of User Content, including photos, text, graphics, audio, video, location information, comments and other materials from social media sites, for use by Papablic in connection with its business, including Papablic’s product feature, marketing, promotional, advertising and other consumer-related activities (the “Papablic Services”).
USER CONTENT LICENSEYou hereby grant to Papablic and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.
You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
The Licensed Parties reserve the right to remove any User Content from the Site and the Papablic Properties. If you believe any content, including User Content, residing on the Site or on the Papablic Properties or displayed or used in connection with the Papablic Services infringes any person’s or entity’s copyright rights, please refer to the Papablic:
You certify that you are at least 18 years of age.
DISCLAIMERSUser Content is provided by the User “As is”, and any express or implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall Papablic be liable for any direct, indirect incidental, special or consequential damages arising out of the use of User Content.
INTELLECTUAL PROPERTY RIGHTSThe Site, Papablic Services or Papablic Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Papablic by authorizing use of your User Content or otherwise using or accessing the Site, the Papablic Services or the Papablic Properties.