IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS CAREFULLY. BY REPLYING TO OUR MESSAGE WITH “#YESTORED” YOU CONFIRM THE FOLLOWING:
- YOU ARE GRANTING RED DIGITAL CINEMA THE RIGHT TO USE THIS CONTENT (defined below) IN CONJUNCTION WITH YOUR HANDLE OR ACCOUNT NAME ON ITS WEBSITE, SOCIAL MEDIA PLATFORMS, RETAILER WEBSITES and all other uses described in Section 1 below INDEFINITELY;
- YOU created the content or have permission from the creator of the content to grant the right to use the content;
- YOU HAVE PERMISSION TO GRANT THIS RIGHT FROM ALL INDIVIDUALS FEATURED IN THE CONTENT; AND
- YOU AND ALL INDIVIDUALS FEATURED IN THE CONTENT ARE AT LEAST 18 YEARS OF AGE, or you are the parent or legal guardian of any minors featured in the Content.
You have been asked to approve the Use (as defined below) of the piece of content you created and made available (“Content”), which may include, without limitation, a photograph, text, handle or account name, information, images, graphics, video or any combination thereof. By responding to our message requesting permission to use this Content with “#YESTORED”, you are granting RED Digital Cinema, its subsidiaries and affiliated companies, 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 royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, “Use”) such Content 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. Without limiting the above, this means that the Licensed Parties may Use the Content in a different medium than the one in which you posted it or made it available (e.g., if you posted it in social media, RED Digital Cinema may Use the Content in print, broadcast, online or in any other form of media that exists now or may be developed in the future). You will retain all ownership of the Content (subject to the license granted herein).
By approving the Use of the Content, you affirmatively agree that the Licensed Parties also have the right, but not the obligation, to Use your username or social media handle, and, if provided by you in connection with the Content, your real name, image, likeness, caption, location information or other identifying information, in connection with any Use of the Content.
By Approving the Use of the Content, you authorize the Licensed Parties to make copies thereof and retain such Content and copies as the Licensed Parties deem necessary to facilitate the Use of the Content. All Content becomes the unrestricted licensed property of the Licensed Parties. You agree that Unilever does not have any obligation to Use or take any action with respect to any 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; (ii) any right to royalties or other compensation arising from or related to the Use of the Content; and (iii) any claim or assertion of moral rights or attribution with respect to the Content.
2. Your Promises to RED Digital Cinema
You represent and warrant that: (i) you are at least 18 years old or the age of majority, whichever is older, in your state of residence, (ii) you have full right and authority to enter into this agreement; (iii) you are the parent or legal guardian of any minors featured in the Content; (iv) you own or have obtained all necessary rights and permissions to grant the rights to the Licensed Parties granted herein, including without limitation, all rights of privacy and publicity from all individuals included in any way 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; and (v) neither the Content, nor the Use of the Content 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 or any applicable laws;
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 applicable laws, or your violation of any rights of another person or entity.
4. If You Think Your Copyright Was Infringed
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 has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide RED Digital Cinema with the following information:
A. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
B. a description of the copyrighted work or other intellectual property that you claim has been infringed;
C. a description of where the material that you claim is infringing is located, with enough detail that we may find it;
D. your address, telephone number, and email address;
E. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
F. a statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon RED Digital Cinema actual knowledge of facts or circumstances from which infringing material or acts are evident. RED Digital Cinema’s law firm for notice of claims of copyright or other intellectual property infringement can be reached as follows: Weeks Nelson, RED DMCA, 462 Stevens Ave, Suite 310, Solana Beach, CA 92075;
You should consult your legal advisor before filing a notice with RED Digital Cinema’s law firm. RED Digital Cinema, as used herein, shall refer to RED Digital Cinema, LLC.