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Social Media Agreement

Submission Terms 

PLEASE READ THESE SUBMISSION TERMS (“TERMS”) CAREFULLY. THEY CONTAIN IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU MAKE A SUBMISSION TO YELLOWSTONE SDN BHD (772432-A) A WEBSITE WHICH KNOWS AS “XNOCS” ON WHICH THESE TERMS APPEAR (A “SITE”) OR SEND THE HASHTAG #AGREE TO XNOCS, YOU ARE CONFIRMING THAT YOU HAVE AGREED TO BE BOUND BY THESE TERMS.

  • You may be viewing these Terms on a small screen. If so, here are the highlights of the Terms below (but please read the Terms).
  • You own the photo or other “Content” (as defined below) that you submit. Nothing in these Terms changes that.
  • You are giving XNOCS and certain parties related to XNOCS a license to use the Content on the Site and on XNOCS’s other websites, mobile apps, e-mail, and social media channels for advertising, marketing and/or promotional purposes.
  • You are also giving XNOCS a license to use your name and image and other biographic material in conjunction with the Content.
  • You are also giving XNOCS a license to use your name and image and other biographic material in conjunction with the Content.
    You have all the rights from third parties for your Content and nothing in the Content is inappropriate or defamatory.
  • You are releasing XNOCS from any liability and you promise not to sue XNOCS for its use of the Content as described.

 

  1. You represent and warrant that you are at least 18 years old.
  2. You also represent and warrant that :
    (a) you own and control all right, title and interest in and to the Content or you otherwise have all rights, permissions and consents necessary to post and use such Content and grant the license being granted hereunder (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content).
    (b) XNOCS’s use of the Content as set forth in these Terms will not give rise to any claims for any payment whatsoever, including, but not limited to, claims for royalties, re-use fees or residuals; and
    (c) you have complied with all applicable laws and regulations associated with acquiring and/or producing the Content. For the purposes of this Agreement, the term “Content” is used to collectively mean and refer to the photographs, text, graphics, moving images, sound, illustrations or any other materials (including any associated metadata or location information) that you submit. The Content also includes any profile information you allow XNOCS to access from third party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.
  3. You hereby grant to XNOCS a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, in any and all media, now known or hereafter devised, including without limitation on XNOCS’s social media accounts, on or in any online, mobile or other digital platforms owned, controlled or licensed by or on behalf of XNOCS (including websites, apps and e-mail), for any purpose, including for advertising, marketing, promotional and publicity purposes. Without limiting the generality of the foregoing,, this license includes, and you expressly consent to, XNOCS’s right to use and publicly display your name, image, likeness and persona. Nothing in this license transfers your ownership of the Content to XNOCS. Nothing in this license requires XNOCS to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all, and all Content is subject to selection and curation by XNOCS. If XNOCS chooses to use or publish your Content on the Site, such Content will be deemed to have been posted at your request.
  4. 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 further agree to disclose any material connections you may have with XNOCS or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at XNOCS’s request.
  5. You understand that you will not be paid for XNOCS’s use of your Content as described in these Terms. Each of us will bear our own expenses associated with these Terms.
  6. You agree that you will not submit Content that:
    – infringes the rights of any other person or entity, including without limitation any patent, trademark, trade secret, copyright, right of publicity, right of privacy or any other right of another person or entity;
    – includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
    – displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful or depicts the a product being used in a manner that is contrary to any instruction or warnings relating to the product; or– makes or includes statements, claims or depictions about a person, company, product or service that are false or misleading.

Without limiting the foregoing, you agree that in conjunction with the production of your Content, you have not inflicted emotional distress or abuse on other people, have not publicly humiliated other people, have not assaulted, stalked or threatened other people, have not entered onto private property without permission, have not impersonated any other person or misrepresented your affiliation, title, or authority, and have not otherwise engaged in any activity that may result in injury, death, property damage, and/or liability of any kind. If XNOCS learns, suspects or concludes in its sole discretion that you have engaged in any such activities in connection with your Content, then without limiting XNOCS’s other rights or remedies, XNOCS reserves the right to reject or remove your Content.

  • You understand that XNOCS is not obligated to develop, produce, distribute, exploit or otherwise use the Content as permitted here in or, if commenced, to continue the development, production, distribution, or exploitation or other use thereof in any territory; and if XNOCS elects not to develop, produce, distribute, exploit and/or use the Content, you shall not be entitled to any damages or other relief by reason thereof. The relationship between you, on the one hand, and XNOCS and its officers, directors and employees is not a confidential, fiduciary, or other special relationship. To the fullest extent allowed by law, you hereby release XNOCS and its employees, contractors, sponsors or any other person acting under XNOCS’s permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. Finally, you acknowledge that, with respect to any claim relating to or arising out of XNOCS’s actual or alleged exploitation or use of any Content submitted, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production or other materials based on or allegedly based on the Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

 

*** End of Submission Terms ***