PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. BY RESPONDING TO B.BOX FOR KIDS’S PHOTO RIGHTS REQUEST WITH THE HASHTAG #lovemybbox, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
Here is a snapshot of the License Agreement below (please read the full agreement):
- You own the Content, nothing here changes that.
- You are giving b.box for kids Pty Ltd and its related entities, a license to use the Content on b.box’s websites and for other b.box marketing purposes, including but not limited to catalogues, apps, email, and other customer communications, store materials, social media and other marketing.
- You are also giving b.box for kids Pty Ltd a license to use your name and image and other biographic material (from social media) in conjunction with the Content.
- You have all the rights from third parties for your Content and nothing in the Content is inappropriate, defamatory or illegal.
- You are releasing b.box for kids Pty Ltd from any liability and you agree not to hold b.box liable for its use of the Content as described.
1. For the purpose of this Agreement, “Content” means photographs, text, graphics, moving images, sound, illustrations or any other materials (including any associated metadata or location information) (collectively, “Content”). For the avoidance of doubt, Content also includes any profile information you allow b.box to access from third party social media platforms (such as Instagram, Twitter, Pinterest and Facebook) in accordance with the authorisation procedures determined by the platform.
2. You represent and warrant that you, as the owner and user of the Content, are at least 18 years old.
3. You represent and warrant that you:
(a) own and control all rights, title and interest in and to the Content you license or that you otherwise have all rights, permissions and consents necessary to post and use such Content (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content);
(b) have all rights necessary to provide b.box for kids Pty Ltd and its affiliates, agents, representatives, licensees, assigns, successors and anyone authorised by any of them (collectively, “b.box”) with the license and rights set forth below; and
(c) have complied with all applicable laws and regulations associated with acquiring and/or producing the Content.
3. You hereby authorise and grant to b.box a non-exclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in connection with the b.box website and for other b.box marketing purposes, including but not limited to catalogues, email, and other customer communications, store materials, social media, and other marketing, and on third-party websites and apps for any purpose, including for promotional and publicity purposes. b.box may display advertisements in connection with your Content or on pages where your Content may be viewed by you or others, and we may use your Content to advertise and promote b.box, or the b.box websites.
You further hereby waive any right that you have to inspect and/or approve the Content that may be used by b.box.
4. For the avoidance of doubt and without limitation:
(a) this license includes, and you expressly consent to, b.box’s right to use and publicly display your name, image, likeness and persona; and
(b) b.box will not own the Content and nothing under this Agreement requires b.box to use or publish your Content.
(c) all rights conferred upon b.box under this Agreement can be exercised anywhere in the world and at any time.
4. You understand that you will not be paid for b.box’s use of your Content as described in this Agreement nor will you have any monetary claim from b.box associated with b.box’s use of the Content.
5. You and b.box will bear your own costs associated with this Agreement and all matters relating to this Agreement.
6. You agree to take any and all actions (including execution of documents) reasonably requested by b.box to effect, perfect or evidence the representations and/or licenses and rights set forth in this Agreement in relation to the Content.
7. You agree that you will not submit Content that:
(a) infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of another;
(b) includes material that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
(c) displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful to b.box or any other person or depicts the use of a product in a manner that is contrary to any instruction or warnings relating to the product;
(d) imposes upon or violates the publicity, privacy or data protection rights of others; or
–(e) makes or includes false or misleading statements, claims or depictions about a person, company, product or service.
8. Without any limitation, you agree that in conjunction with the production of your Content, you have not:
(a) inflicted emotional distress or abuse on other people;
(b) publicly humiliated other people;
(c) assaulted, stalked or threatened other people;
(d) entered onto private property without permission;
(e) have not impersonated any other person or misrepresented your affiliation, title, or authority; and
(f) have not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
In the event that any of the above have been committed or b.box suspect that they have been committed by you, b.box will reject and/or remove any Content accordingly.9. To the fullest extent allowed by law, you agree to release, discharge and indemnify b.box and its employees, contractors, sponsors or any other person acting under b.box’s permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable legal fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content including any liability by virtue of any blurring, distortion, alteration or optical illusion, whether intentional or otherwise in connection with the said use..
10. This is the entire agreement between you and b.box in relation to the Content being licensed under this Agreement. If a court finds any provision of this Agreement to be unreasonable or unenforceable in any respect, you agree that this Agreement will nonetheless be enforced to the maximum extent to which it is found by the court to be legally enforceable.
11. This Agreement is legally binding on you and will be governed by applicable federal law and the laws of the State of Victoria, Australia without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of b.box’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).