USER GENERATED CONTENT TERMS & CONDITIONS
(Effective November 2, 2020)
You are reading this because we have requested permission to use your User Content on our websites, social channels, e-mails, and in other marketing and promotional materials. As you consider allowing us to use your User Content, we want to make sure you know exactly how we intend to use it.
“We,” “us,” or “our” means Modoral Brands Inc., and its parent, subsidiary, or affiliate companies. “User Content” refers to all of the text, usernames or handles, hashtags, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material that you posted on the internet and/or social media which prompted our direct message to you.
By responding to our DM request with the hashtag #VELOUSYes and granting us permission to use the User Content, you agree to the following:
You are affirming that you alone created or own the User Content and that the User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
You will continue to own the User Content. You are granting us a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sublicensable right and license to use the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. We shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, commercialize, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction, with or into any and all other material media or form of communication whether now existing or hereafter developed.
You understand that you won’t have the right to approve how we use your User Content. If you posted your User Content with your real name, username, caption, location information or other identifying information, you agree we can use that information with your User Content. While we will make commercially reasonable efforts to give you credit for your User Content if we use it, you agree that such credit is not mandatory and your permission for us to use your User Content is not contingent upon such credit being given or any fees being paid to you.
You understand that by granting us permission to use your User Content, you represent and warrant that you are a tobacco consumer who is at least twenty-one (21) years of age and that if any individuals, including you, appear in the User Content they are at least twenty-five (25) years of age. By granting us permission to use your User Content, you represent and warrant to release and indemnify us and our employees and officers from any and all claims, demands, actions or proceedings of any kind, and from any and all losses, costs and expenses, including reasonable attorney’s fees and expenses relating to or arising out of the use of your User Content as contemplated by this license.
You agree that all applicable laws of the United States and/or the State of North Carolina will govern the granting of your User Content to us.