IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS CAREFULLY. BY REPLYING TO OUR DIRECT MESSAGE WITH "#[BrandName]Approved" or "#Yes[BrandName]" YOU CONFIRM THE FOLLOWING:
- YOU ARE GRANTING JOHN PAUL MITCHELL SYSTEMS AND ITS AGENCIES THE RIGHT TO USE THIS CONTENT (defined below) IN CONJUNCTION WITH YOUR HANDLE OR ACCOUNT NAME ON ITS WEBSITE, SOCIAL MEDIA PLATFORMS AND RETAILER WEBSITES INDEFINITELY;
- YOU created the content or have permission from the creator of the content to grant the right to use the content;
- YOU HAVE PERMISSION TO GRANT THIS RIGHT FROM ALL INDIVIDUALS FEATURED IN THE CONTENT; AND
- YOU AND ALL INDIVIDUALS FEATURED IN THE CONTENT ARE AT LEAST 18 YEARS OF AGE.
You have been asked to approve the Use (as defined below) of the piece of content you created and made available ("Content"), which may include, without limitation, a photograph, text, handle or account name, information, images, graphics, video or any combination thereof. By responding to our direct message requesting permission to use this Content with "#[BrandName]Approved" or "#Yes[BrandName]", you are granting John Paul Mitchell Systems and its affiliates (collectively, "JPMS"), its third-party service providers, media and digital companies and properties, social media services and platforms, and any other representative or designee of the foregoing (collectively, the "Licensed Parties") a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such Content for any purpose whatsoever, including, without limitation, advertising, marketing and promotional purposes, and in any media whatsoever, now or hereafter existing or developed, even if these Terms and Conditions are later modified or terminated. Without limiting the above, this means that the Licensed Parties may Use the Content in a different medium than the one in which you posted it or made it available (e.g., if you posted it in social media, JPMS may Use the Content in print, broadcast, online or in any other form of media that exists now or may be developed in the future). You will retain all ownership of the Content (subject to the license granted herein).
The Licensed Parties also have the right, but not the obligation, to Use your username, and, if provided in connection with the Content, real name, image, likeness, caption, location information or other identifying information, in connection with any Use of the Content.
By Approving the Use of the Content, you authorize the Licensed Parties to make copies thereof and retain such Content and copies as the Licensed Parties deem necessary to facilitate the Use of the Content. All Content becomes the unrestricted licensed property of the Licensed Parties. You agree that JPMS does not have any obligation to Use or take any action with respect to any Content.
By Approving the Use of the Content, you waive (i) any right to review, inspect or approve the Use of the Content in any format or media, whether that Use is known to you or not; (ii) any right to royalties or other compensation arising from or related to the Use of the Content; and (iii) any claim or assertion of moral rights or attribution with respect to the Content.
2. Your Promises to JPMS
You represent and warrant that: (i) you are at least 18 years old or the age of majority, whichever is older, in your state of residence, as is everyone else appearing in the Content; (ii) you have full right and authority to enter into this agreement; (iii) neither the Content, nor the Use of the Content as permitted in these Terms and Conditions, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Laws; and (iv) you own or have obtained all necessary rights and permissions to grant the rights to the Licensed Parties granted herein, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the Content, and no payment of any kind is due to any third party for the Use of the Content as set forth herein.
You hereby agree to defend, indemnify and hold the Licensed Parties and their respective officers, directors, employees, agents, representatives, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind, and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney's fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of the Content, your breach or alleged breach of these Terms and Conditions, including any of your warranties, representations or agreements hereunder, your violation of Laws, or your violation of any rights of another person or entity.
4. If You Think Your Copyright Was Infringed
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide JPMS's Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located, with enough detail that we may find it;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon JPMS actual knowledge of facts or circumstances from which infringing material or acts are evident. JPMS's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
You should consult your legal advisor before filing a notice with JPMS's copyright agent.
These Terms and Conditions and any related claim or dispute, whether in contract, tort or otherwise, shall be governed by the laws in effect in the State of California, without giving effect to its conflicts of law principles. Each party irrevocably consents and agrees to the exclusive jurisdiction of the California state or federal courts, as applicable, located in Los Angeles County. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT. In the event that any provision of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable in any jurisdiction, such provision shall be revised solely to the extent necessary to render such provision valid, legal and enforceable, and without invalidating or affecting the remaining provisions hereof. Nothing contained herein shall deem or construe you and JPMS to be partners, joint venturers, principal-agent or employer-employee, and no party shall have any authority to obligate or bind the other whatsoever. These Terms and Conditions represent the entire agreement between you and JPMS with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written. No modifications, amendments or waivers will be effective unless in writing and signed by both you and JPMS.