JCP Portraits Social Media User Agreement
We love your post and know others will benefit from seeing it on our website and Social Media channels. As you consider allowing us to publish your post, we want to make sure you know exactly how we intend to use it.
By replying to our social post with #YesJCPPortraits, you: 1) represent and warrant that a) you own the content (avatar, text, profile, images and videos) and there are no other entities with ownership claims over it, b) all “moral rights” that you may have in such content have been voluntarily waived by you, c) you are at least 13 years old, d) use of the content you supply does not violate this User Generated Content Agreement and will not cause damage to any person or entity, e) the content does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, f) you were not compensated or granted any consideration by any third party for posting the content and g) the content does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, antidiscrimination or false advertising ; 2) grant Lifetouch a perpetual, non-exclusive, irrevocable, transferable commercial right and license to reproduce the content in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation; and 3) agree that your content may be used by Lifetouch to create derivative works either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter or other photographs. While Lifetouch will make commercially reasonable efforts to give you credit for your content and provide a link back to your social account, you agree that such credit is not mandatory and your permission for us to use your content is not contingent upon such credit being given. You further agree that any content in your post may be used at Lifetouch’s sole discretion. Lifetouch reserves the right to remove or to refuse to post any content for any reason. None of the content that you post will be subject to any obligation of confidentiality on the part of Lifetouch, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
You waive any right to inspect and/or approve the finished work incorporating the content or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties or other compensation with regard to your content or our finished work.
You agree to indemnify and hold Lifetouch (and its parents, affiliates, officers, directors, agents, subsidiaries, joint ventures, licensees employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. You agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of this User-Generated Content Agreement shall remain in full force and effect. This User Generated Content Agreement shall be governed by the laws of the state of California. Further, you agree that Lifetouch and its third-party service providers may use your [email/address/Twitter handle/Instagram handle/other] to contact you about your post and other administrative purposes.
If you don’t agree to these terms, no further action is required.
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