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These User Generated Content Terms and Conditions (“Terms” or “Agreement”) describes the terms and conditions under which Bluehost, Inc. and its parent or affiliates (hereinafter referred to as “we”, “us”, or “our”) may use the content created and publicly posted by you to social media (“Content”), including but not limited to Facebook, Instagram, Twitter, Tumblr, or Pinterest (hereinafter referred to as “Social Media”). We've reached out to you to get your permission to use this Content pursuant to the terms of this Agreement. The term “Parties” shall mean both you and us.
We just need you to confirm a few things before we use your Content:
1. Please respond to the message we sent you or the comment we left for you on Social Media in any affirmative manner, including a reply with the hashtag that was included in our message or comment. If your Content is selected by us, it may be displayed or appear on our website or other marketing, advertising, or promotional material in accordance with our Privacy Notice located here: https://newfold.com/privacy-center.
2. You hereby represent and warrant to us that:
You are eighteen (18) years of age or older;
You have full control and authority to agree to these Terms;
You have read and agree to these Terms;
The Content is your original creation and you own or otherwise control the rights to it;
You did not take the Content from another website, social media post, or anywhere else;
The Content does not violate the rights of any person, entity, or applicable law;
The Content does not contain anything illegal or offensive;
Our use of your Content pursuant to these Terms will not now nor in the future require any payment to any person or entity;
You agree that we are not obligated to use the Content and that we may use and/or remove the Content in our sole discretion;
Use of the Content does not imply or create any affiliation with or endorsement of you or your Social Media profile;
Our use of the Content does not require a license, authorization, or consent by any other person or entity, including from any person or entity that may appear in the Content;
Your Content does not infringe the rights of any third parties, including, but not limited to, intellectual property, copyrights, trademarks, publicity, privacy, patents, or trade secrets; and
You consent to our collection of any personal data you provide to us in connection with the use of your Content. If you do not agree to the collection, use and disclosure of your personal information in accordance with our Privacy Notice, please do not provide us with personal information or agree to these terms.
Using your Content
You hereby grant to us an unlimited, non-exclusive, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sub-licensable license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Content in whole or in part, along with the right to use your name and any other type of identifying information, including but not limited to any Social Media handle, profile picture, image, likeness, posts, statements or other information provided by you, in any form, media, or technology, whether currently known or hereafter developed in connection with the terms of this Agreement.
You shall be liable for and agree to indemnify us against any and all claims, causes of action, damages, or expenses that are incurred by us to the extent caused by your breach of this Agreement or any breach by you of your obligations or warranties set forth under this Agreement.
Limitation of Liability
You acknowledge and agree that we are not responsible for, and have no liability for any use of your Content. You agree to hold us harmless and release us, along with our respective officers, directors, employees, agents, assigns, licensees and successors, from any and all claims, demands, or causes of action that you or any persons acting on your behalf may have, whether now or in the future, relating to the use of your Content, including without limitation, any claims of defamation, invasion of privacy, rights of publicity, copyright, or any other type of claim at law or in equity.
This Agreement constitutes the entire agreement between the Parties and these terms shall supersede any prior agreement whether written or oral.
Any failure on our part to exercise or delay any rights or remedy under this Agreement shall not waive that right or remedy hereunder.
This Agreement is governed by the laws of the State of Utah. If any provision is found to be unenforceable, such provision will be limited to the minimum extent necessary so that the remaining terms remain in full force and effect.
We reserve the right to alter these terms without advance notice by posting revised Terms. Accordingly, you should review the current Terms each time you grant permission or authorization to us to feature your Content.