Content Provider Terms of Service
1. Participant Agreement
By uploading content and/or using hashtag #YesWanderandLust in response to a request from Wander and Lust Jewelry to use your content, you hereby agree to grant Wander and Lust Jewelry license rights to use your content as outlined in these terms and conditions. Wander and Lust Jewelry also agrees to abide by these terms and conditions. You acknowledge that these terms and conditions constitute legally enforceable promises that you are making to Wander and Lust Jewelry. You also acknowledge that Wander and Lust Jewelry is relying on your promises to conduct its business and will incur expenses in doing so. Please read the terms and conditions of this Agreement carefully.
2. Allowable participants
You must be 18 years of age or older and have the legal right to enter into this Agreement and to grant the rights to use your content, as outlined in these terms and conditions, to Wander and Lust Jewelry.
3. Ownership of content
You warrant that the image, video, audio, graphics, text, or code ("Content") shall be free and clear of any claim, right or encumbrance that would limit or restrict the rights granted to Wander and Lust Jewelry in these terms and conditions and that the use of the Content by Wander and Lust Jewelry in accordance with the rights granted to Wander and Lust Jewelry shall not violate any copyright, trademark, moral right, right of privacy or right of publicity, or infringe or misappropriate any intellectual property rights of any third party. You warrant that you have all the necessary rights, title, and interest to grant the rights outlined in these terms and conditions to Wander and Lust Jewelry.
4. Model releases
You warrant that you have obtained model releases for all individuals who appear in the Content.
5. Voluntary assignment of rights
You warrant that you voluntarily provide Wander and Lust Jewelry with the rights to use your Content according to these terms and conditions and will not receive any compensation or payment from Wander and Lust Jewelry for these rights. Neither you nor your successors, heirs, legal representatives and assigns will receive or solicit payment for such rights at any point in time.
6. Rights to use content
You hereby grant to Wander and Lust Jewelry a non-exclusive, perpetual, worldwide, sub-licensable, royalty-free license to use, access, load, download, store, install, copy, publish, distribute, communicate, exhibit, produce, reproduce, print, broadcast, display, sub-license and/or assign (hereinafter to "use" or "make use") the Content. Wander and Lust Jewelry is under no obligation to use the Content. All rights for use of the Content granted to Wander and Lust Jewelry in this Agreement are applicable in any and all media, including but not limited to print, electronic and digital media for advertising, marketing, promotion, education, publicity, public relations and/or editorial purposes. Except for Wander and Lust Jewelry’s license rights contained in this Agreement, you continue to own all rights in and to the Content. To the extent your Content contains other materials or elements owned by Wander and Lust Jewelry or any third party licensors, such as characters or other elements protected by copyright, trademark or other laws, your rights to make use of the Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and Wander and Lust Jewelry.
7. Credit for content
Wander and Lust Jewelry shall exercise reasonable efforts to include credit to you when using the Content, provided that the details such as your name and/or social media identity (handle) are included by you. You voluntarily agree to waive all moral rights in favour of Wander and Lust Jewelry and under no circumstance shall a failure to include credit by Wander and Lust Jewelry, its directors, officers, agents, employees or sub-licensees constitute a breach of this Agreement.
You shall at all times indemnify and hold harmless Wander and Lust Jewelry, its directors, officers, agents, employees and any others for whom it may be responsible in law, from and against all losses, claims, demands, awards, judgments, actions and proceedings by whomsoever made, brought or prosecuted, resulting from or arising out of, attributable to or in any way connected with this Agreement and whether or not caused by your negligence, including without limitation any actions brought by third parties alleging infringement or misappropriation of intellectual property rights in and to the Content, except to the extent to which such loss or damage has arisen out of Wander and Lust Jewelry's negligence. You further agree that neither you nor your successors, heirs, legal representatives and assigns will commence proceedings against Wander and Lust Jewelry regarding copyright or moral rights in the Content.
9. Withdraw consent
If you want to withdraw consent to share your content with Wander and Lust Jewelry, you have to contact us by email at firstname.lastname@example.org, or our Partner Cevoid at email@example.com, or visit https://upload.cevoid.com/data/remove.
10. Governing law
You shall comply with all laws applicable to the performance of your obligations under this Agreement. You agree that all matters relating to this Agreement shall be interpreted in accordance with the laws applicable in the United States of America, without reference to its conflict of law provisions, and the parties agree to the exclusive jurisdiction of the Courts of US. This Agreement shall ensure to the benefit of, and be binding upon, the successors, heirs, legal representatives, and assigns of each of Wander and Lust Jewelry and you, as applicable.