UGC Terms of Use
Welcome to Tattered Ts! We loved your creation so we reached out to you for your permission to feature your social media content on our various social channels, sites, or promotional materials.
By responding to our message with #YESTATTEREDTS, you agree to these Terms of Use and allow us to use your social medial content, including, without limitation, the photos, graphics, audio, video, text, comments, or any other User-Generated Content (“User Generated Content” or "UGC") you posted on Instagram, Facebook, YouTube, Pinterest, or Twitter described in the message we sent referring you to these UGC Terms of Use.
UGC LICENSE
You grant to 2nd Schism Media, LLC and its related companies, licensees, sublicensees, agents, directors, officers, employees, contractors, legal representatives, successors, assigns, third-party service providers, retail partners, marketing agencies, public relations agencies, and other affiliates (the “Licensed Parties”) a global, nonexclusive, royalty-free, fully-paid, sublicensable (through multiple tiers), perpetual, irrevocable, and transferable right and license to use, copy, distribute, display, modify, perform, adapt and transmit your UGC on the Licensed Parties’ social media pages, web pages, blogs, and emails, and in any other advertising, promotional, or marketing materials, in any media now known or hereafter devised. Further, you grant the Licensed Parties the right to use your username, real name, image, likeness, description, location, voice or other identifying information in connection with any use of your UGC.
You agree, acknowledge, represent and warrant that (i) you are not a minor; (ii) you created your UGC, own or control all rights in and to your UGC, 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 your UGC; (iii) the Licensed Parties’ use of your UGC does not violate the rights, including, without limitation, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary, confidentiality, or other rights, of any third party, or any laws, rules or regulations, including, without limitation, consumer protection, privacy, and trade laws; (iv) the UGC is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful; (v) and the UGC does not contain any worms, viruses, or other harmful code.
Your UGC is deemed nonconfidential subject to disclosure. The Licensed Parties have no obligation to maintain the confidentiality of any information contained in the UGC. By granting the rights under these UGC Terms of Use, you consent to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with your UGC. If you do not agree to the collection, use, and disclosure of your personal information in this way, please do not grant the rights under these UGC Terms of Use or otherwise provide the Licensed Parties with personal information.
LIMITATION OF LIABILITY, INDEMNITY AND RELEASE
To the fullest extent allowed under applicable laws and regulations, the Licensed Parties are not liable for any direct, incidental, consequential, special, indirect or punitive damages arising out of or resulting from these UGC Terms of Use, including, without limitation, damages for harm to business, lost profits, lost savings, or lost revenues, however such damages are caused and whether based in contract, tort (including negligence), or any other theory of liability.
You agree to indemnify, defend and hold the Licensed Parties harmless from and against any and all damages, liability, claims, actions, demands and costs, including, without limitation, reasonable attorneys’ fees and costs of settlement, arising out of any breach or omission by you of these UGC Terms of Use.
Without limiting anything set out above, you hereby release each of the Licensed Parties from any and all damages, liability, claims, actions, demands, and costs of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected with these UGC Terms of Use. If you are a California resident, you expressly waive California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
MISCELLANEOUS
UGC Terms of Use shall be governed by the laws of the State of Florida, without regard to its conflict of laws principals. Jurisdiction for any claims arising under these UGC Terms of Use shall lie exclusively with the state or federal courts in Florida.
These UGC Terms of Use constitute the entire agreement between you and Licensed Parties with respect to the UGC. The Licensed Parties’ failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found to be invalid by any court with competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these UGC Terms of Use. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to these UGC Terms of Use must be filed within one (1) year after such claim or cause of action arose.
2nd Schism Media, LLC reserves the right to modify these Terms of Use without advance notice by posting revised UGC Terms of Use. You should review the UGC Terms of Use each time you grant 2nd Schism Media, LLC permission to feature your UGC.