ARCTIC FOX USAGE RIGHTS FOR YOUR INSTAGRAM PHOTO
WHAT IS THIS ABOUT?
Your Instagram photo got our attention - and we want to share your beautiful hair with the world! Therefore we plan to use the photos you posted on Instagram with the Arctic Fox-related hashtag and make it visible to all of our customers, too.
BY RESPONDING TO THE MESSAGE FROM OUR ARCTIC FOX INSTAGRAM ACCOUNT WITH “#YESARCTICFOX” YOU REPRESENT AND WARRANT THAT:
you are eighteen (18) years of age or older,
you own all rights in and to your photos,
you have permission from any person(s) appearing in your photos to grant the rights herein,
Arctic Fox’s use of your Instagram photos does not infringe the rights of any third party or violate any law, and
that you have read and that you agree to the following terms and conditions:
WHAT HAPPENS IF I RESPOND WITH #YESARCTICFOX?
You grant us rights to present your Instagram photos in Arctic Fox content, or more precisely: you grant Arctic Fox an unlimited, non-exclusive, assignable, sublicenseable, perpetual, worldwide right of utilization of the photos you post or have already posted on Instagram with an Arctic Fox-related hashtag. An “Arctic Fox-related hashtag” is a hashtag that consists of an Arctic Fox brand, trademark or the name of an Arctic Fox product or campaign.
This means by responding with #YESARCTICFOX in the Instagram message Arctic Fox gets an unlimited right to use the photos with the relevant hashtag as digital and non-digital content. The utilization includes for example the use of the photos in the Arctic Fox online shop, Arctic Fox newsletters, Arctic Fox mobile apps, postings on Arctic Fox social media accounts, Arctic Fox internal communication, or the use on billboards, posters, websites of Arctic Fox retailers (e.g. Amazon.com, Hot Topic) as well as in stations and event driven campaigns. However Arctic Fox shall have no obligation to use your photo.
WHAT’S IN IT FOR ME?
Your photos will not only be visible to visitors of your Instagram feed but to other fans of Arctic Fox brand products all around the world. You have the opportunity to inspire others with your hair color and styling ideas. In return you release and discharge Arctic Fox from all and any obligation to pay you for any use of your photos and any of the intellectual property rights contained therein in connection with the uses described above when you respond with #YESARCTICFOX.
WHAT IF I CHANGE MY MIND AFTER A WHILE?
You can always revoke the granting of rights to Arctic Fox by deleting the Arctic Fox-related hashtag, and sending us an email to [email protected].
WHY DO I HAVE TO GIVE ARCTIC FOX REPRESENTATIONS AND WARRANTIES?
Because we want to make sure that no rights are infringed with the use of your photos. Therefore by responding with #YESARCTICFOX you represent and warrant that (i) you own all rights in and to your photos, (ii) you have permission from any person(s) appearing in your photos to grant the rights herein, and (iii) Arctic Fox’s use of your Instagram photos does not infringe the rights of any third party or violate any law. Moreover you indemnify, defend and hold Arctic Fox and any person acting on Arctic Fox’s behalf harmless from and against any claims, damages, liabilities, costs and in connection with use of the photos as described above.
WHY IS THERE A LIMITATION OF LIABILITY?
By responding with #YESARCTICFOX to Arctic Fox’s message on Instagram, a legally binding license agreement between you and Arctic Fox is concluded and we want to minimize the legal risks for Arctic Fox with the following limitation of liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv) loss of income, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to THE USE OF THE PHOTOS AS DESCRIBED ABOVE, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.