PLEASE READ THESE SOCIAL MEDIA LICENSE TERMS (“TERMS”) CAREFULLY. THESE TERMS AFFECT YOUR LEGAL RIGHTS. WHEN YOU USE THE HASHTAG #YESALIMAPURE WHETHER ON YOUR OWN INITIATIVE OR IN RESPONSE TO A REQUEST FOR PERMISSION FROM ALIMA PURE, YOU AGREE TO BE BOUND BY THESE TERMS.
1. Rights You Grant to Alima Pure
You hereby grant to Alima Cosmetics, Inc. (“Alima Pure” “us” “we”) a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sub-licensable right and license to use any and all Content you
submit or provide to us (each a “Submission”). You agree that this license includes our right to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content on any of Alima Pure’s social media accounts, on any digital platforms of Alima Pure (including websites and e-mail), and on third-party websites for any purpose, including for promotional, publicity and paid advertising purposes. If you delete or edit the applicable Submission after agreeing to these Terms or if you later restrict or make the Submission non-public, these Terms will remain in effect with respect to the Content. Any reference to “Content” in these Terms, means any social media content, including without limitation, photographs, text, user name, handle, artwork, graphics, moving images, sound, illustrations or any other materials (including any associated metadata or location information) associated with a Submission.
2. Our Commitments
You understand and agree that we do not have any obligation to post, publish, or otherwise feature the Content in any media. However, if we do so, we may, in our sole discretion, elect to remove the Content at any time and without providing notice to you. You understand and agree that you will not be paid by us for our use of the Content pursuant to these Terms. However, we may, in our sole discretion, decide to provide you with a promotional item (for example, a discount or merchandise). You agree that any promotional item that may be provided to you will be a gift from us and will not represent compensation in any manner for the Submission.
3. Your Commitments
You represent and warrant that: (1) you own or have all necessary licenses, rights, consents, and permissions (including, but not limited to, the right to use names, images, and likenesses of any third party referenced or appearing in the Content) to grant Alima Pure the license and rights set forth in these Terms; (2) you and any person whose image appears in the Content are 18 years of age or older; (3) the Content is in compliance with all terms and conditions of any third-party website or application on which you post the Submission; and (4) you will not provide any Content that is inappropriate, indecent, obscene, hateful, tortious, defamatory, disparaging of Alima Pure or any other brand or individual, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, gender-identity, or age. You agree that any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you also agree to inform us of any material connections you may have with Alima Pure or other third-party brands or sellers (for example, if you are an employee, paid blogger or recipient of free products/services).
You understand and agree that you waive to the full extent permitted by law any and all claims against us related to moral rights in the Content and that in no circumstances will we be liable to you for exercising any of our rights in and to the Content. You further agree to indemnify, defend, and hold harmless Alima Pure and its employees, contractors, agents and affiliates from and against any and all third-party claims, damages, liabilities, costs, and expenses, including legal expenses and reasonable attorneys' fees, arising out of any Submissions and/or Content. This is the entire agreement between you and Alima Pure in connection with your Submission(s) and Content. If a court finds any provision of these Terms to be unreasonable or unenforceable in any respect, you agree that these Terms will be enforced to the maximum extent to which it is found by the court to be legally enforceable. You agree that these Terms will be exclusively governed by applicable federal law and the laws of the State of Oregon, without reference to its choice of law rules. Nothing in these Terms will be interpreted as a waiver of Alima Pure’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).
5. Copyright Notices
If you believe your copyright-protected work has been posted by us without your authorization, you may submit a copyright infringement notification to us at firstname.lastname@example.org or by mail at:
Alima Cosmetics, Inc.
1601 NW Savier Street
Portland OR, 97209
These requests must comply with the Digital Millennium Copyright Act and should be sent by the copyright owner or an agent authorized to act on the owner’s behalf.