Media Content License & Submission Policy
Last Updated and Effective Date – July 28, 2022 She Can Be Both (“SCBB” or “we”, “our” or “us”) operates the She Can Be Both Company, including our websites, social media pages and apps (the foregoing shall hereinafter be collectively referred to as the “Company”). This Media Content License & Submission Policy (“Agreement”) describes the agreement between you and us with respect to any content or materials, including photos, pictures, images, videos, music, audio recordings, documents, comments, tweets, posts, written pieces or other user-generated content or information (collectively, the “Content”), added, submitted, distributed, or posted to the Company by any means including, without limitation, via upload, e-mail, DM and/or posted comment, and governs your rights, licenses, obligations and restrictions regarding submission of the Content to the Company.
MEDIA LICENSE GRANT
By submitting or posting the Content to us or our Company in any manner, and in consideration for the opportunity to have the Content distributed on our Company you automatically grant us, our contributors, partners and sponsors, or warrant that the owner of such content has expressly granted us, free right and license to use, copy, reproduce, publish, distribute, post, transmit, remove, repurpose, promote, prepare, broadcast, commercialize and otherwise utilize derivative works of any clips, images, or portions thereof, in any and all media, formats and channels, including on our Company, and in related thereto. For the sake of clarity, the rights granted with respect to the Content will include, without limitation, the right to (1) post the Content on our Company website and social media platforms, (2) use the Content (or clips thereof) in any advertising or promotional material with owner permission. By accessing or otherwise using our Company or by submitting any Content, you represent and warrant that you are at least 18 years old. You may only use our Company or submit Content to us if you are over 18 years old. You acknowledge and agree that you alone have taken the photos and written any copy associated with the Content, or you have the permission of the person that created the Content to allow us to use them. You represent that you have produced the Content yourself and own all necessary and applicable copyrights in the Content, the materials shown in the Content and any written copy that we intend on using, or you have received the express permission of the copyright owner(s) (and their parent or guardian, if applicable) to have such Content used and shared by us in accordance with these Terms. To the extent any of the Content you submit includes the name, image, voice, or performance of you or anyone else, you acknowledge and agree that licenses herein shall apply to the same. You represent and warrant that you have express permission of everyone who is pictured, seen, appears or is featured in the Content (and their parent or guardian, if applicable) to be photographed, videotaped or otherwise depicted and have the Content and their names used and shared by us in accordance with these Terms. If any person pictured, seen, appearing or featured in the Content is under 18 years of age, you represent that you are the parent or guardian with legal responsibility of any minors depicted in the Content. If you are not the parent or legal guardian, you must obtain their parent or guardian’s express permission to have their image, name and likeness used by us. You warrant and represent that you have sent a copy of or a link to these Terms to each individual displayed in any of the Content we use and such individuals have agreed to these Terms. Except where prohibited by applicable law, by submitting the Content through the Company, you and anyone pictured, seen, appearing or featured in the Content are waiving and agreeing not to assert any of the following potential claims based upon our use of the Content as described herein: (i) copyright infringement; (ii) violation of your rights of publicity; (iii) defamation, and/or (iv) “moral” rights or claims resulting from our alteration of the Content. You also understand that by granting us permission to use the Content, you agree to forever release, discharge, indemnify, defend and hold harmless SCBB and its affiliates, their employees and officers, and any third party services, companies, partners, or sponsors that use the Content from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and expenses relating to or arising out of the use of the Content as contemplated by this license. Subject to these grants, you retain any and all rights which may exist in the Content. We do not guarantee that any of the Content will be exploited through the Company. We reserve the right to, but do not have any obligation to, remove, edit, modify or otherwise manipulate the Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to the Content or if we are concerned that the Content may violate this Agreement).
PROHIBITED CONTENT
You are prohibited from submitting any content that:
- Was taken from a third party, or includes a third party’s trademarks, content or material, without permission, or otherwise infringes upon a third party’s intellectual property rights of any kind.
- Is defamatory, slanderous or libelous.
- Depicts or encourages criminal or tortious activity, including fraud, trafficking in obscene or illegal material, drug dealing or using, underage drinking, gambling, violence, harassment, or stalking.
- Includes the name, image, voice or performance of any person who has not provided his or her consent to the foregoing being used for the purposes hereunder.
- Depicts or encourages dangerous activities.
- Is abusive, threatening, or obscene.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that the Content will not violate any of the prohibitions described above. Without limiting the foregoing, you further represent and warrant that:
- You did not, without necessary permission, copy, rip, download, or otherwise take the Content from any third party.
- You have not previously granted, nor will you in the future grant, any rights to the Content to any third party.
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to include and use the Content in the manner contemplated by this Agreement and that the Content will not violate or infringe upon the intellectual property rights, the rights of privacy or publicity, or any other rights of any third party.
- You have the express consent of every party prominently featured in the Content to license the Content to us for the uses contemplated under this Agreement.
INCORPORATION OF TERMS OF USE
This Agreement supplements our Terms and Conditions and Privacy Policy, the provisions of which are hereby incorporated by this reference and constitute the remainder of the terms governing the submission of the Content. None of the above provisions negate or limit any of the Terms of Service, Privacy Policy or language regarding user-generated and submitted content from the original platform where the content was posted. By submitting the Content, you are representing that you and all those appearing or featured in the Content have read and agree to both agreements.
CHANGES TO THE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
CONTACT US
If you have any questions about the Content Policy, You can contact us:
- By email: [email protected]
