User Generated Content Policy
User Generated Content Policy
By submitting, posting, transmitting, or otherwise making available your User Generated Content (UGC) to Celebrate Portraits, you agree to be bound by the following terms (the “Policy”) without limitation or qualification. This Policy may be updated from time to time; you agree to be bound by the most recent version, which can be viewed at this link and is effective upon posting.
Definition of User Generated Content (UGC)
User Generated Content (UGC) includes any textual, audio, and/or visual content and information, such as your name, username, voice, picture, portrait, likeness, other identifying information, captions, locations, commentary, and feedback related to Celebrate Portraits' products and services. It also includes entries in contests and promotions and any other content you submit or make available to Celebrate Portraits. All UGC must be appropriate for a family audience. Be mindful when selecting your UGC for submission, as it may be used publicly on the Internet, and others may attempt to misuse your information for purposes including harassment. Celebrate Portraits is not responsible for others' misuse of your UGC.License and Usage Rights
By submitting your UGC to Celebrate Portraits, you grant Celebrate Portraits and its respective licensees, successors, and assigns (collectively, the “Licensed Parties”) a worldwide, perpetual, non-exclusive, unlimited, irrevocable, transferable, royalty-free, and fully paid-up license to use, publish, post online, copy, modify, create derivative works from, distribute, broadcast, publicly display, and otherwise exploit your UGC in any manner. This includes the right to sublicense without further obligation, notice, or approval from you. This license applies to your UGC in all formats, on all social media platforms, radio, television, film, and other media outlets, both known now and developed later. Celebrate Portraits is not obligated to attribute or compensate you or any other person for this use.
Representations and Warranties
You represent and warrant that:1. You own or control the rights to your UGC or have the necessary rights, licenses, consents, and releases to submit it.2. Your UGC is original and not copied from any other work without rights.3. Your UGC does not infringe on any third party’s intellectual property or violate any rights, including rights of privacy or publicity.4. Your UGC does not contain any malicious code or harmful content.5. Your UGC is not inappropriate, threatening, abusive, defamatory, obscene, or otherwise objectionable.
Indemnification
You agree to indemnify the Licensed Parties and their affiliates from any claims arising from your UGC or any breach of these representations. You will hold harmless, indemnify, and defend the Licensed Parties from any losses, including legal fees, arising from claims related to your UGC or the Licensed Parties' use of it.Limitation of Liability
To the fullest extent permissible under applicable law, the Licensed Parties are not liable for any direct, incidental, consequential, special, indirect, punitive, or similar damages resulting from this Policy, including lost profits or savings, regardless of the theory of liability.
Waiver of Rights
You irrevocably waive all rights in your UGC, including moral rights, which you may have under any existing or future laws. Celebrate Portraits' failure to enforce any right in this Policy will not constitute a waiver of such rights.
Severability and Assignment
If any section of this Policy is deemed invalid by a court, it will be severable from the rest of the Policy, which will remain enforceable. The Licensed Parties may assign their rights and obligations under this Policy without your consent.
Reporting Unauthorized Use
If you believe your UGC is being used without authorization, notify us at support@celebrateportraits.com with your name, contact information, proof of ownership, and a description of the unauthorized content and its location.