Usage Rights Agreement for User Content

By responding to our request with the hashtag [#yesCompany] or by otherwise uploading or providing us with your photo, video, or other content ("Content"), you agree to these terms.

1. License to Use Your Content

You grant us and our affiliates a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, transferable, and sublicensable right and license to use, publish, display, reproduce, modify, create derivative works from, and commercially exploit your Content in any manner and on any media, platform, or channel, including but not limited to our websites, social media pages (like Instagram, Facebook, and TikTok), marketing emails, and in-store displays.

2. Your Promises to Us (Representations and Warranties)

You represent and warrant that:

• You are at least 18 years old.
• You are the sole creator and owner of the Content and have the full right to grant us this license.
• The Content does not infringe upon the copyrights, trademarks, or any other intellectual property rights of any third party.
• Crucially, you have obtained the explicit permission from every identifiable person appearing in the Content to grant us the rights to use their name, image, and likeness as described in this agreement.
• The Content is not defamatory, obscene, harassing, or otherwise unlawful.

3. Waiver and Release

You waive any right to inspect or approve any use of the Content and release us from any and all claims arising out of the use of your Content, including claims for copyright infringement, defamation, or violation of your right of privacy or right of publicity.

4. Indemnification

You agree to indemnify, defend, and hold us and our affiliates harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to a breach of your promises under this agreement.

5. Governing Law and Jurisdiction Governing Law and Jurisdiction

This agreement is governed by the laws of the State of North Carolina, without regard to its conflict of law principles. You agree to the exclusive jurisdiction of the state and federal courts located in Charlotte, North Carolina for any disputes arising from this agreement.

6. Privacy

By providing your Content, you acknowledge that we will process your personal information as described in our Privacy Policy.