When you post any photos, videos, pictures, images, materials, and other user-generated content (“User Content”) through any social media platforms with the hashtag #ChangeThePicture or any other hashtag promoted by Communities In Schools (“CIS”) in connection with any CIS promotion (“the Promotion”), you hereby grant to CIS and their respective parents companies, affiliates, subsidiaries, advertising and promotion agencies, and/or any party designated by any of them (collectively, the “Licensees”), the irrevocable, perpetual, worldwide, royalty-free right to reproduce, display, perform, adapt, modify, alter, create derivative works from and distribute your User Content, including your name, image, likeness, photograph, voice and/or biographical material (e.g., school name, graduation date, honors etc.), included therein or in connection therewith, for any legal purpose whatsoever, including, but not limited to, advertising, publicity and promotional purposes, in any media now known or hereafter invented, including, but not limited to, CIS’ websites (e.g., changethepicture.org) and social media channels, including without limitation Twitter, Facebook, Instagram, Vine, Tumblr, YouTube, and Google+ (collectively, “Media”). Without limiting the foregoing, you hereby grant Licensees the right to edit, arrange, rearrange, adapt and combine your User Content with other materials in their sole discretion, including on the aforementioned websites, social media channels, and promotional videos, including, without limitation, videos featuring a compilation of selected User Content submitted. You further, to the extent permissible by law, irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each item of User Content that you submit.
By granting Licensees permission to use your User Content, you represent that you have read, agree to, and understand these entire Submission Terms of Service (the “Agreement”). IF YOU DO NOT CONSENT TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, DO NOT POST CONTENT USING THE HASHTAG #CHANGETHEPICTURE, OR ANY OTHER CIS HASHTAG. By granting Licensees permission to use the User Content, you agree to be bound by the terms of this Agreement, without modification, including all disclaimers, terms and conditions set forth in this Agreement.
NO EXPECTATION OF PRIVACY: USER CONTENT WILL NOT BE HELD IN CONFIDENCE. IF YOU DO NOT WISH USER CONTENT TO BE MADE PUBLIC AND/OR DO NOT WISH TO GRANT LICENSEES THE RIGHT TO DISPLAY USER CONTENT ON THE MEDIA (AND THE RELATED RIGHTS) (INCLUDING ANY CONTENT THAT INCLUDES SENSITIVE AND PERSONAL INFORMATION ABOUT YOU), DO NOT POST ANY SUCH CONTENT WITH THE HASHTAG #CHANGETHEPICTURE [AND/OR #CIS] OR ANY OTHER CIS PROMOTED HASTAG.
CONTENT: You are solely responsible for your User Content, and hereby agree that you will not hold us responsible or liable for User Content you grant us permission to use. By granting us permission to use the User Content, you represent and warrant that: (a) the User Content you submit is original and was created solely by you, or, if you are not the creator of the User Content, that you have permission from the copyright owner of the User Content to allow you to submit the User Content as permitted by this Agreement; (b) the User Content does not incorporate any material that is owned by anyone other than you (including, for example and without limitation, any artwork, text, copy, trademarks or logos owned by anyone other than you); or that you have obtained all rights necessary to allow you to grant to us the rights granted herein; (c) neither the User Content, nor the use of the User Content by us in accordance with the Agreement hereof will infringe upon or violate the intellectual property rights and/or rights of any other person or entity or violate any applicable laws and regulations; and (d) your User Content complies with the Content Guidelines set forth below. You further represent and warrant that you are eighteen (18) years of age and the age of majority in your state of residence and have the right to make this Agreement. If you are below eighteen (18) years of age and/or the age of majority in your state of residence, you agree that your parent or legal guardian has reviewed and agreed to this Agreement (including all applicable representations and warranties) on your behalf. HOWEVER, NO ONE UNDER THE AGE OF 13 MAY SUBMIT USER CONTENT.
- User Content should not contain any references to or images of other persons that you have posted without that person’s consent;
- User Content should not be inappropriate, indecent, defamatory, abusive, obscene, violent, tortious, slanderous, libelous, profane or offensive, and should therefore not include, without limitation, any alcohol consumption, nudity or dangerous activities;
- User Content must not in any way disparage or criticize CIS or any other person or party;
- User Content that references services of CIS or any of its affiliates should contain true and accurate information and representations regarding CIS’ services, and you shall not be compensated for any such User Content;
- User Content must not in any way depict the abuse or misuse of any of the CIS-provided signage or other materials and such materials shall only be used in connection with the intended-recipient of such materials for purposes of its respective Promotion;
- User Content should not infringe or violate another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials);
- User Content should not violate any party’s right of publicity or right of privacy;
- User Content should not be threatening, harassing or promote racism, bigotry, hatred or physical harm of any kind against any group or individual or promote or encourage or display any violence or illegal activities, including, without limitation, depicting gang symbols or signs;
- User Content should not be inaccurate, false or misleading in any way; and
- User Content should not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where User Content is created.
LICENSEES ARE UNDER NO OBLIGATION TO SCREEN OR MONITOR USER CONTENT BUT MAY REVIEW ALL USER CONTENT AND POST OR REMOVE SUCH USER CONTENT FROM ANY SOCIAL MEDIA SITE OWNED, ADMINISTERED, AND/OR MONITORED BY LICENSEES AT THEIR SOLE DISCRETION, AT ANY TIME, FOR ANY OR NO REASON, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY. Licensees will make all determinations as to what User Content is appropriate in its sole discretion.
RELEASE: You hereby release, acquit and forever discharge CIS, Agency, and/or their respective parent, affiliated, subsidiary and/or related companies, and their respective advertising or promotional agencies, and any promotional sponsors involved with the Promotion and the CIS’ websites and social media channels (collectively, “Released Parties”) from any and all claims, liabilities, demands, losses, damages (including special, general, incidental, consequential, punitive, or other damages), rights, judgments, actions, suits, causes of action, expenses (including reasonable attorneys’ fees), costs, and interest of any kind arising out of or related to, in whole or in part, directly or indirectly, your submission of User Content in accordance with the terms of this Agreement. In no event will the Released Parties be responsible or liable for any damages or losses of any kind, including without limitation, direct, special, indirect, incidental, consequential, or punitive damages, arising out of or related to, in whole or in part, directly or indirectly, your use or interaction with CIS’ websites or social media channels or any related activity.
INDEMNIFICATION: Upon request, you agree to defend, indemnify, and hold harmless the Released Parties, and their respective employees, contractors, officers, directors, and agents from all liabilities, claims and expenses, including attorney’s fees that arise from: (a) your breach of any provision of this Agreement; (b) Licensees’ use of User Content as approved and provided by you; or (c) your violation of any intellectual property right of another party. Released Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
MISCELLANEOUS: This Agreement constitutes the entire agreement between Licensees and you with respect to your rights to any submission using the hashtag #ChangeThePicture or any other CIS hashtag in connection with the Promotion and for which you have granted permission. If any provision of this Agreement is invalid or unenforceable for any reason in any jurisdiction, such provision shall be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. No waiver by Licensees under this Agreement shall be valid or binding unless set forth in writing and duly executed by Licensees. Any delay or forbearance by Licensees in exercising any right hereunder shall not be deemed a waiver of that right. In no event, can any submissions be made by anyone under the age of 13.
CIS RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS & CONDITIONS WITHOUT PRIOR NOTICE.