These additional terms for use of your user generated content (“UGC”) by EADEM (these “UGC Terms”) are in addition to, and not in lieu of, your rights and obligations under the EADEM’s Terms of Service (the “Standard Terms”).
By responding with #EADEMresults, you agree to these UGC Terms and the Standard Terms, including the arbitration provision contained in the Standard Terms. If you do not agree to these UGC Terms and the Standard Terms, do not reply #EADEMresults. To the extent there is a conflict between these UGC Terms and the Standard Terms, these UGC Terms will govern such conflict. EADEM may also modify or amend these UGC Terms in its sole discretion without advance notice by posting the modified or amended UGC Terms on our Services and/or by email notification if we so choose). Capitalized terms used but not otherwise defined in these UGC Terms have the meanings set forth in the Standard Terms.
By “UGC” we mean video(s), photo(s) and/or other user generated content posted online (e.g., Instagram, Facebook, Twitter, or other platform) together with your name, username, social media handle, social media username, profile picture, likeness and any caption and location information provided in connection with or that may be associated with such content.
You hereby grant EADEM and any future subsidiary of affiliated entities (collectively, “EADEM” or “we”) a perpetual, worldwide, royalty-free, non-exclusive, transferable, fully paid, and sublicensable right to use, reproduce, modify, adapt, delete, publish, translate, create derivative works from, distribute, publicly perform and display the UGC in any media formats and channels now known or later developed, including but not limited to on its webpages, social media pages and other digital media, newsletters, retailer sites, third party sites, print materials, in-store materials, television and other broadcast media, for marketing, advertising, or other purposes.
Commitments from You
You hereby represent and warrant that:
- You own all rights in and to the UGC.
- You have permission from any person(s) appearing in the UGC to grant the rights herein on their behalf and EADEM’s use of the UGC as provided herein will not violate the intellectual property rights, other rights, or cause injury to any person or entity.
- Neither you nor any other person(s) appearing in the UGC are under 18 years of age. The UGC it is a true and accurate expression of your honest belief based on use of EADEM products.
- The UGC does not misrepresent your affiliation with any person or entity.
To the fullest extent permitted by applicable law, you release EADEM and the other EADEM Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related in any way to the UGC.
Your Information You acknowledge EADEM’s collection of your personal information associated with your UGC.