]SOCIAL MEDIA CONTENT USE AGREEMENT
PLEASE READ THESE CONTENT USE TERMS (“TERMS”) CAREFULLY. THEY CONTAIN IMPORTANT TERMSTHAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU MAKE A SUBMISSION TO ORGANO GOLD ON A SITE ORPLATFORM TO WHICH THESE TERMS APPLY (A “SITE”) OR SEND THE HASHTAG #YesOGTOORGANO GOLD, YOU ARE CONFIRMING THAT YOU HAVE AGREED TO BE BOUND BY THESE TERMS.
Here are the highlights of the Terms (but please read the full Terms below):
You own the photo or other Content (as defined below) that you submit. Nothing in these Terms changesthat.
You are giving ORGANO GOLD a license to use the Content on/in ORGANO GOLD’s social media accounts, marketingcommunications/materials (e.g. apps, email), and websites.
You are also giving ORGANO GOLD a license to use your name and image and other biographic material inconjunction with the Content.
If any third party has any rights in your Content (e.g., someone else took a photo or appears in a photo), yourepresent and warrant that you have all the rights and permissions needed from those third parties to grant ORGANO GOLD the license to use your Content in accordance with these Terms and nothing in the Content isinappropriate or defamatory.
You are releasing ORGANO GOLD from any liability arising out of its use of the Content as described in theseTerms and you promise not to sue ORGANO GOLD for such use.
1. Please review ORGANO GOLD’s online Terms of Use, located at and PrivacyPolicy, located at both of which are incorporated into these Terms by this
reference. Without limiting the generality of the foregoing, these Terms grant ORGANO GOLD usage rights in and to yourContent that are in addition to (not in lieu of) the usage rights contemplated in ORGANO GOLD’s online Terms of Use, andthe copyright complaint process indicated in the online Terms of Use apply to your Content. In the event of any conflictor inconsistency between these Terms and the online Terms of Use, these Terms will prevail, govern and control.
2. You represent and warrant that you are at least 18 years old.
3. You represent and warrant that the Content you submit is accurate.
4. You represent and warrant that (a) you own and control all rights, title and interest in and to the Content or that youotherwise have all rights, permissions and consents necessary to post and use (and authorize ORGANO GOLD INT’L, INC.and its affiliates, agents, representatives, licensees and assigns (collectively, “ORGANO GOLD”) to use) such Content(including, but not limited to, the right to use names, images and likenesses of any third party referenced or
appearing in the Content); (b) you have all rights necessary to provide ORGANO GOLD with the license and rights set forthin Section 5 below; (c) you have complied with all applicable laws and regulations associated with acquiring and/orproducing the Content; (d) all "moral rights" that you may have in such Content have been voluntarily waived by youand you do not require that any personally identifying information be used in connection with the Content that yousubmit, or any derivative works of or upgrades or updates thereto; and (e) all Content that you post is accurate, non-enhanced, unaltered and unfiltered. For the purposes of this Agreement, “Content” means photographs, text,graphics, video, moving images, sound, illustrations or any other materials (including any associated metadata orlocation information), as well as all names, images, likenesses, personas, profile information from third party socialmedia platforms (such as Instagram, Twitter, and Facebook), social media handles, biographical information and
statements of you and anyone else shown (collectively, “Content”).
5. You hereby grant to ORGANO GOLD a non-exclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensableand transferable license to use, reproduce, communicate, copy, modify, edit, adapt, publish, translate, createderivative works from, distribute, broadcast, stream, post, combine with other materials, publicly perform and publiclydisplay the Content, in whole or in part, on the internet or in new media (including, without limitation, on ORGANO GOLD’ssocial media accounts, on or in any digital platforms of ORGANO GOLD (including websites, apps and email), and onthird-party websites and apps) for any purpose, including for promotional and publicity purposes without notificationto, or permission from, you or any third party. For purposes of clarification and not limitation, (a) this licenseincludes, and you expressly consent to, ORGANO GOLD’s right to use and publicly display your name, image, likenessand persona; and (b) nothing in this license transfers your ownership of the Content to ORGANO GOLD. Nothing in thislicense requires ORGANO GOLD to use or publish your Content in any specific way or on a specific platform or use orpublish your Content at all, and all Content is subject to selection and curation by ORGANO GOLD in its sole and absolutediscretion. Further, ORGANO GOLD may decide to only use part or portions of your Content. You will have no approvalsover the final use of your Content and you agree that ORGANO GOLD is not responsible for any unauthorized use ofContent by third parties.
6. If ORGANO GOLD chooses to use or publish your Content on the Site, it will be deemed to have been posted at yourrequest.
7. Any statements, remarks or claims contained or depicted in your Content will reflect your honest views andexperiences. When referencing or depicting brands, products or services in your Content, you further agree todisclose any material connections you may have with ORGANO GOLD or other third-party brands or sellers (such as if youare an employee, paid blogger or recipient of free products/services). You also agree to provide supportinginformation or documentation related to these statements, remarks, claims, views and experiences at ORGANO GOLD’srequest.
8. You understand that you will not be paid for ORGANO GOLD’s use of your Content as described in these Terms.
9. You agree to take any actions (including execution of documents) reasonably requested by ORGANO GOLD to effect,perfect or evidence the representations and/or licenses and rights set forth in these Terms.
10. You agree that you will not submit Content that:infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of another;is, or would reasonably be considered to be unlawful, harmful, libelous, defamatory, obscene, pornographic, indecent,vulgar, lewd, suggestive, hateful, racially or religiously biased or offensive, violent, harassing, threatening, abusive,tortious, inflammatory, fraudulent or otherwise objectionable;displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful to ORGANO GOLD or any other person or depicts the use of a product in a manner that is contrary to any instruction orwarnings relating to the product;impinges upon or violates the publicity, privacy or data protection rights of others;violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control,consumer protection, unfair competition, antidiscrimination or false advertising);is submitted for compensation or other consideration from any third party;contains information about people other than yourself, or contains addresses, phone numbers, email addresses,websites or other contact information;
harms minors; ormakes or includes false or misleading statements, claims or depictions.
11. Without limiting the foregoing, you agree that in conjunction with the production of your Content, you have notinflicted 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 impersonatedany 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.
12. ORGANO GOLD may reject and/or remove any of its uses of your Content in its sole discretion.
13. You Content represents fair, accurate, and truthful depictions of what is represented, and specifically: (a) anyproducts depicted are the actual products, without any enhancement, alteration, or additional ingredients; (b) anyproducts depicted were used in conformity with the instructions on the packaging; (c) any demonstrations aredepicted without any special effects or any other method which would enhance or alter the performance orappearance depicted; and (d) the Content is a fair representation of the actual performance and appearance of the
products as shown in the Content.
14. Your Content is not confidential or proprietary and ORGANO GOLD has no obligation of confidentiality, express or implied,with respect thereto.
15. To the fullest extent allowed by law, you agree to release, discharge, defend, indemnify and hold harmless ORGANO GOLD and its employees, contractors, sponsors or any other person acting under ORGANO GOLD’s permission orauthority, from any liability, demand, claim, damage, judgment, cost, loss, expense and obligations of any kind (including reasonable attorneys’ fees), arising out: (a) use by ORGANO GOLD and its designees of the Content, any information you provide in connection with the Content, and your name, social media platform user name, performance, image (including, without limitation, any social media profile photo) and/or likeness for advertising, publicity, promotional and trade purposes; (b) your violation of any term of these Terms; (c) a breach of your representations and warranties set forth herein; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property, right of publicity or privacy right). This indemnification obligation will survive the termination of these Terms and ORGANO GOLD’s use of the You further agree to waive any rights to injunctive relief you may have in connection with these Terms.
16. These Terms, including the ORGANO GOLD online Terms of Use and Privacy Policy and any other policies or agreementsexpressly incorporated by reference herein, constitutes the entire agreement between you and ORGANO GOLD in relationto your Content. If a court finds any provision of these Terms to be unreasonable or unenforceable in any respect,you agree that these Terms will nonetheless be enforced to the maximum extent to which they are found by the courtto be legally enforceable.
17. These Terms will be governed by the laws of Kenya. Nothing herein will be interpreted as a waiver of ORGANO GOLD’s rights to the Content underlocal law (such as rights of public domain and fair use).
*** End of Submission Terms ***
ORGANO GOLD Terms of Use | ORGANO GOLD Privacy Policy |