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This User Generated Content License Agreement (“Agreement”) incorporates by reference Sienna Naturals LLC’s (“Sienna Naturals”) Website Terms of Service (https://siennanaturals.com/policies/terms-of-service) and Privacy Statement (https://siennanaturals.com/pages/privacy-statement). In the event of any conflict or inconsistency between this Agreement and the Website Terms of Service or Privacy Statement, this Agreement will prevail, govern and control with respect to the Content.
- For the purposes of this Agreement, “Content” means photographs, text, graphics, moving images, sound, illustrations or any other materials (including any associated metadata or location information) (collectively, “Content”). For purposes of clarification, Content also includes any profile information you allow Sienna Naturals to access from third party social media platforms (including but not limited to Instagram, YouTube, Twitter, Pinterest, LinkedIn, and Facebook) in accordance with the authorization procedures determined by the platform.
- You represent and warrant that (a) you are at least 18 years old; (b) 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); and (c) Sienna Naturals’ use of the Content will not give rise to any claims for any payment whatsoever, including, but not limited to, claims for royalties, re-use fees or residuals.
- You hereby grant to Sienna Naturals a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable 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 Sienna Naturals’ website and social media accounts, on or in any online, mobile or other digital platforms owned, controlled or licensed by or on behalf of Sienna Naturals (including websites, apps and e-mail), for any purpose, including for advertising, paid media, marketing, promotional and publicity purposes. Without limiting the generality of the foregoing, this license includes, and you expressly consent to, Sienna Naturals’ right to use and publicly display your name, image, likeness and persona. Nothing in this license requires Sienna Naturals to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.
- 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 Sienna Naturals 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 Sienna Naturals’ request.
- You agree to sign and deliver documents and take any other actions reasonably requested by Sienna Naturals to effectuate, perfect or evidence the license and rights granted in these Terms.
- You agree that you will not submit Content that (a) 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; (b) includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (c) 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; (d) makes or includes statements, claims or depictions about a person, company, product or service that are false or misleading.
- To the fullest extent allowed by law, you hereby release Sienna Naturals and its employees, contractors, sponsors or any other person acting under Sienna Naturals’ 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 Sienna Naturals’ 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.
- These Terms, including the Sienna Naturals online Terms of Service and Privacy Statement and any other policies or agreements expressly incorporated by reference therein, constitutes the entire agreement between you and Sienna Naturals in relation to the Content you’re licensing. 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 court to be legally enforceable.
- These Terms will be governed by applicable federal law and the laws of the State of Delaware, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Sienna Naturals’ rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).
Thanks for being a Sienna Naturalist!
Hannah & Issa