UGC Terms & Conditions
Content and Likeness Use Authorization
As a part of its social media activities, TIN HAUS engages with social media users and seeks their permission to reproduce, repost, publish, and/or otherwise use certain images, videos, photographs, creative works, captions, phrases, taglines, hashtags, social media handle(s) and/or username(s), URL(s), and other content (collectively, “Content”) as well as any legal name, alias, image, silhouette, appearance, likeness (actual or simulated), actions, performance, location and other identifying information, including but not limited to voice (with the right to “dub” the voice of another), and other reproductions of physical likeness and biographical information appearing in or used in connection with the Content (collectively, “Likeness”) on its social media page(s), website(s), mobile application(s), and/or marketing and advertising materials and executions (collectively, “Platforms”). You are reading this because TIN HAUS has requested your permission to use your Content and/or Likeness on its Platforms.
This Waiver and Release from Liability and Authorization to Use Likeness and Content (“Authorization”) constitutes a legal and binding agreement between you and TIN HAUS. For good and valuable consideration, including promotional consideration which may derive from the publication of the Content and/or Likeness, the receipt and sufficiency of which is hereby acknowledged and agreed to by you and TIN HAUS, and by replying to our message with “#tinhausjewelry” or with another phrase as indicated by us, or by sending Content to the email address we provide in our communication(s), you knowingly and freely acknowledge and agree to all of the terms of this Authorization on behalf of yourself, your representatives (legal or otherwise), your executors, administrators, heirs, beneficiaries, spouse, guardians, relatives, next of kin, successors and assigns. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AUTHORIZATION, DO NOT REPLY TO OUR COMMUNICATION(S) OR SEND US ANY CONTENT.
TIN HAUS reserves the right to alter this Authorization without advance notice to you. Review the Authorization each time you grant permission or authorization to TIN HAUS to use any Content and/or Likeness.
You hereby grant to TIN HAUS and its related companies, agents, licensees, sub-licensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully-paid, non-exclusive, transferable, sublicensable, assignable right, license, and permission to use, display, reproduce, distribute, transmit, modify, incorporate into a larger work, create derivative works from, combine with other materials, alter, edit, adapt, blur, distort, change, delete from, add to, or otherwise manipulate your Content and Likeness in any manner determined in the Licensed Parties’ sole discretion, including but not limited to on the Platforms, and in any media now existing or hereinafter known without any attribution, obligation, or notice to you or the need to seek any further consent from you. You acknowledge that TIN HAUS has no obligation to use the Likeness or Content and may remove the Likeness or Content at any time. You hereby waive all rights to inspect or approve any editorial text, copy, or any other material that is used in connection with your Likeness or the Content.
You hereby agree, represent, and warrant that (i) you are the sole author and creator of, and/or appear in the Content and you own all rights, title, and interest in and to the Content and Likeness and/or have obtained appropriate rights and permissions from any and all other persons or entities who appear in or otherwise claim any right in or to such Content or Likeness; (ii) you and any and all other persons who appear in or otherwise claim any right in or to such Content or Likeness are at least 18 years old or the age of majority in your place of residence, whichever is older; (iii) the Licensed Parties’ use of the Content or Likeness as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule, or regulation; and (iv) the Content or Likeness is not libelous, defamatory, obscene, pornographic, abusive, or otherwise unlawful or offensive.
You HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE from any and all claims, liability, causes of action, compensation, fees, damages, suits, demands, judgments, losses, and/or costs and expenses (including attorneys’ fees) of any kind or nature, whatsoever, in law, equity, or otherwise, that you ever had, now have, or in the future may have against the Licensed Parties including, but not limited to, defamation, invasion of privacy, publicity, or for any similar matter, death, personal injury, sickness, loss of services, as well as property or reputational damage, and expenses of any nature whatsoever, which may be incurred by you in connection with the use of the Content or Likeness, even if arising from the negligence of the Licensed Parties. You AGREE NOT TO SUE any of the Licensed Parties for any of the claims or liabilities that you have waived, released, or discharged herein. You hereby INDEMNIFY, DEFEND, AND HOLD HARMLESS the Licensed Parties from any claims made or liabilities assessed against them as a result of the use of the Content and/or Likeness. You specifically understand that you are releasing, discharging, and waiving any claims or actions that you may have presently or in the future for the negligent acts or other conduct by the Licensed Parties relating to this Authorization. You acknowledge and agree that you shall not have, and hereby waive, the right to terminate or rescind this Authorization, or to enjoin or restrain the use of the Likeness or the Content.
You acknowledge and agree that you do not acquire any ownership or other right in or to any information or property of TIN HAUS by agreeing to this Authorization.
This Authorization is personal to you and may not be assigned or transferred by you for any reason whatsoever without TIN HAUS’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect. This Authorization shall be subject to the Terms and Conditions set forth on https://tin-haus.com/pages/terms-conditions, which shall be made a part of this Authorization. In the event of a conflict between this Authorization and the Terms and Conditions, the Terms and Conditions shall control.