Below you'll find a sample of terms and conditions used by some brands to gain explicit consent from their community. Feel free to reference these to develop your own terms and conditions policy. This does not constitute a legal opinion, please speak to your own council when developing an in-house policy.
We love your User Content and know others will benefit from seeing it on our websites, social media channels, retailers’ websites and other forms of media. As you consider allowing Bose Corporation to use your User Content, we want to make sure you know exactly how we intend to use it. “User Content” refers to your comments, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information.
By replying to our [________] post with [#MyBose] and providing your permission, you are affirming that you alone created or own the User Content and no one else has any rights to it or could claim they own it or that it infringes on rights of others. Likewise, if there are people in the User Content other than yourself, you are also affirming they are over 18 and they know you are giving us permission to use the User Content, and have consented to it being used by Bose pursuant to this license.
You will continue to own the User Content. You are giving Bose and its affiliates a non-exclusive license to use the User Content which can’t be revoked by you except where permitted by law. Bose and its affiliates will have the right to reproduce the User Content in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in perpetuity in any medium now known or later developed and without restriction or limitation. Also, 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. The User Content and other information may be used for advertising and promotional purposes and Bose may use the User Content either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter, materials written by us or others, or other photographs. You understand that you won’t have the right to approve how we use your User Content. While Bose will make commercially reasonable efforts to give you credit for your User Content if Bose uses 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 also understand that by granting us permission to use your User Content, you are at least 18 years of age, and release Bose and its affiliates, their employees and officers, and any third party services that use your User Content from any and all claims, actions or proceedings of any kind, and from any and all damages, 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.
If you don’t agree to these terms, we completely understand and no further action is required. We are thrilled to see Bose as a part of your page and look forward to seeing any new photos you post as well.
Thanks again and please contact us at [firstname.lastname@example.org] if you have any questions.
You grant to Ashley and its designees a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual, unrestricted, sublicenseable right to use, market and promote your User Content in any manner or media now known or later developed, for any purpose, including without limitation the rights to reproduce, display, publish, perform, translate, transmit, broadcast, modify, adapt, alter, distribute, present, commercialize, create derivative works from your User Content, and exercise all intellectual property and other rights with respect to your User Content, without any compensation or notice to you or any approval from you, with or without your name (whether your legal name or your user name on the applicable platform), including, without limitation, in advertising and promotion of Ashley and its products and/or services. Without limiting the foregoing, you represent that you have all consents and licenses necessary to use and to authorize Ashley and our designees to use your User Content in the manner permitted in the Terms. You agree that your User Content is not confidential.
You represent and warrant to Ashley as follows: that your User Content is your own original work and that you have the right to grant the rights and permissions set forth in the Terms; you have obtained all necessary licenses and permissions from all applicable third parties required for the submission of the User Content and use as permitted in the Terms; you will comply with all FTC disclosure requirements and guidelines relating to your User Content; the posting and/or display and/or other permitted use of your User Content by Ashley or those deriving rights through Ashley will not violate any provision of any applicable law or regulation, or in any way infringe or violate rights of any third parties, including but not limited to copyright and other intellectual property, privacy or publicity rights; you waive any and all moral rights that exist in your User Content and any derivative works made therefrom.
You agree that your User Content created, submitted or otherwise made available by you to Ashley or for Ashley will not: be abusive, threatening or harassing towards others; include any infringing, obscene, defamatory, slanderous, libelous, offensive, or illegal content (including without limitation content which violates another person’s right of privacy); include commercial or political solicitations or messages; include any content designed to injure people or property (including without limitation viruses); impersonate others or be misleading as to your identity, the source of your User Content; suggest that you or your User Content is sponsored or endorsed by Ashley (unless it is); otherwise violate the Terms.
Hello, you’ve probably been directed to this page because we requested additional rights to share your photo across our marketing channels. We love to see how you use products from UncommonGoods in your daily life — from creating your own beer with our DIY brewing kits, to personalizing a pillow with your family portrait, to sipping hot cocoa out of your unicorn mug — we love seeing UncommonGoods in action!
We regularly reach out to customers to request additional rights to reproduce our favorite images in our catalog, email, website and more. Whenever possible, we also include your handle or byline. Thank you for considering this request!
By responding to our request with the hashtag #YesMyUncommonGoods you are agreeing to the following:
As between you and us, you own all content and information you post or share using the Site (referred to as “User Content”), such as posting or sharing comments, photos, and videos. You give UncommonGoods, LLC permission to use your User Content as follows: you grant to UncommonGoods, LLC a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other UncommonGoods, LLC marketing purposes, including without limitation in UncommonGoods, LLC catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote UncommonGoods, LLC or the Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that:
• You own all rights to your User Content or, alternatively, that you have the right to give UncommonGoods, LLC the rights described above;
• You have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
• Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site for any reason.
Copyright and Intellectual Property Policy
If you believe that a user of the Site has infringed on your intellectual property rights, or if we have taken down your materials due to suspicion of copyright infringement, and you would like to dispute the alleged infringement, please feel free to notify us by emailing email@example.com
Crocs, Inc. ("Crocs", "our", and "we") recently noticed your post and would like to promote and share your post in conjunction with the promotion and marketing of our brand and products. Please review the below terms to help you determine if you would like to grant us such permission.
"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 reply to you.
We do not claim any ownership in the Content. However, by agreeing to these terms you are granting us and our subsidiaries, affiliates, successors, and distributor and wholesale accounts, and their respective assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, promote, and commercialize the Content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating you in any way, and to authorize others to do the same. We reserve the right to make the styles displayed in your Content "shoppable" by adding widgets or lightboxes to the Content that feature the ability to purchase said styles.
In addition, you grant us the right to include the name included with the Content submitted and/or licensed by you; provided, however, we shall have no obligation to include such name with our use of such Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with the Content that you submit or license to us. You represent and warrant that you are at least thirteen (13) years old and have all rights necessary for you to grant the licenses granted herein, including but not limited to the rights of publicity and privacy for any person featured in the Content and the copyright and photographic rights in the Content. Additionally, if parental permission is required to utilize the Content, you represent and warrant that you are authorized to grant such permission and hereby do so.
You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the Content that you may have under any applicable law under any legal theory. Finally, you waive any and all claims against Crocs relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity and warrant that you own or are authorized to grant all rights and permissions granted herein.You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the Content that you may have under any applicable law under any legal theory. Finally, you waive any and all claims against Crocs relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity and warrant that you own or are authorized to grant all rights and permissions granted herein.
Finally, you agree that all applicable laws of the United States and/or the State of Colorado will govern the submission of your Content to Crocs.
IF YOU DO NOT OWN OR HAVE AUTHORIZATION TO GRANT THE RIGHTS AND PERMISSIONS DESCRIBED HEREIN AND/OR DO NOT WANT TO GRANT CROCS SUCH RIGHTS, DO NOT ACCEPT THESE TERMS.
To request removal of the Content from Crocs’ website please email firstname.lastname@example.org. You must include a link to the Content you wish to have removed. Crocs will use reasonable efforts to remove the Content within ten (10) business days of your request.
Please reply with #CrocsOK to signify your acceptance of these terms and to grant Crocs the rights described above
1) Century 21 Department Store: By tagging your photographs and videos (together, the "Photos") #C21style on Twitter, Instagram, Facebook or Tumblr you, the undersigned, hereby grants Century 21 Department Stores ("C21"), and their agents, affiliates and/or assignees, a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the Photos, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in connection with the #C21style hub. You also grant C21 permission to use and authorize others to use your name or social media handle and any profile picture you provide in association with the Photos for identification, publicity related to the #C21Style hub, and for similar promotional purposes. You represent and warrant that: (i) you own the Photos you tag using the hashtag #C21Style or otherwise have the right to grant the rights and licenses set forth in these terms and conditions; (ii) the posting and use of your Photos on C21's page or timeline on Twitter, Instagram, Facebook or Tumblr and on the website located at www.c21stores.com, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iii) you have the legal right and capacity to enter into these terms and conditions. You hereby release C21 and their agents, affiliates and/ or assignees from any and all claims for damages of any kind resulting from the use of the Photos.
2) West Elm
#JUSTFABSTYLE TERMS OF CONTENT, USE, and RELEASE
By uploading your photograph(s), images and/or video(s) (collectively “User Content”) on our website, or through our Curalate Share Platform or by responding #yes or yes to our request to use your User Content, you agree and grant TechStyle Inc., (d/b/a JustFab) and its subsidiaries including but not limited to ShoeDazzle.com, Inc., Fabletics LLC, Lavender Lingerie, LLC (d/b/a Savage X Fenty), Personal Retailing, Inc. (d/b/a FabKids) and its parents, agents, employees, successors, affiliates, and /or related entities ( collectively herein “TechStyle”) an absolute unrestricted, non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, copy, distribute, publish, copyright, broadcast, display, combine with other materials, edit, alter and/or modify your User Content along with your name, handle, likeness in any and all forms of media, including but not limited to its webpages, social media platforms, third party websites or materials, digital and physical owned channels and any and all mediums for all promotional, marketing, advertising, promotion and sale of TechStyle products, and any other commercial usages without any consideration or compensation due to you. TechStyle may use, reproduce, distribute, combine with other materials, alter and/or edit your User Content in any manner in its sole discretion, without any obligation or additional permission from you.
You represent and warrant to TechStyle that (i) you are over the age of 18, (ii) have the requisite right to transmit, distribute, replicate, and post the User Content, (iii) you are the copyright owner or have the copyright owner's permission required to grant the rights to the User Content provided herein, (iv) you hold the rights necessary to grant the licenses described herein, (v) you have obtained the consent of each person, if any, depicted in the User Content, (vi) you are the parent or legal guardian of each child under the age of 13, if any, depicted in the User Content, (vii) the User Content, and TechStyle's use of the User Content as permitted under these terms and conditions, do not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party, and (viii) you will comply with the Federal Trade Commission guidelines on testimonials and endorsements.
You agree to forever release, discharge, indemnify, defend, and hold harmless TechStyle from and against, and covenant not to sue for, any claims, actions, losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, including but not limited to any claims for defamation or infringement of publicity, privacy or “moral” rights arising from or in connection with the distribution, display and/or use of the User Content, or arising out of or related to any breach of any of the above representations and warranties. You expressly and unconditionally release TechStyle from any claims, damages, actions, or liabilities arising from TechStyle's use of the User Content as permitted herein.
If at any time you believe that any of the representations and warranties provided above is not correct, you must notify us immediately by sending an email to email@example.com and identifying the User Content along with a detailed explanation of the issue.
You understand and acknowledge that this release shall be governed by and interpreted under the laws of the State of California, without regard to its conflict of laws rules. The courts of Los Angeles County shall have exclusive jurisdiction over any and all claims in connection with this release.
7) Pottery Barn
By tagging your photos with the hashtag #LoveMyPotteryBarn, you are agreeing to the following:
As between you and us, you own all content and information you post or share using the Site (referred to as "User Content"), such as posting or sharing comments, photos, and videos. You give Williams-Sonoma, Inc. permission to use your User Content as follows: you grant to Williams-Sonoma, Inc. and its affiliates a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other Pottery Barn marketing purposes, including without limitation in Pottery Barn catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Williams-Sonoma, Inc., Pottery Barn or the Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that:
You own all rights to your User Content or, alternatively, that you have the right to give Williams-Sonoma the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site for any reason.
Copyright and Intellectual Property Policy
If you believe that a user of the Site has infringed on your intellectual property rights, or if we have taken down your materials due to suspicion of copyright infringement, and you would like to dispute the alleged infringement, please click here for information on how to notify us.
By submitting any Customer Content (as defined in the Terms), you agree to abide by the Terms, the BRP Terms, and the VCS Terms. These Terms apply to all Customer Content (including text, images, video, and links) that you submit to Brahmin, and to any actions you take related to your use of the VCS.
In addition to your representations and warranties found in the Terms and the BRP Terms, through your use of VCS, you represent and warrant that you are at least 18 years of age; that you are the sole human subject depicted in the Customer Content.
You agree that the Customer Content you submit is not confidential or proprietary, and that it will not be treated as such by Brahmin.
By submitting Customer Content, you grant to Brahmin a license to your Customer Content as described in the Terms, and that use of all Customer Content is at Brahmin’s sole discretion.
In addition to the disclaimers, exclusions and limitations contained in the Terms, to the extent permissible under applicable law, Brahmin disclaims responsibility for and will not be liable for: (i) your ability or inability to upload or download any Customer Content onto the VCS; (ii) technical problems or malfunctions that affect the VCS or viewing of the Customer Content; (iii) lost, faulty, illegible, distorted, jumbled, garbled, delayed, or intercepted or otherwise un-received, Customer Content or data transmissions; (iv) unauthorized tampering, interference, hacking activities or viruses, bugs, worms or illicit code; or (v) any condition beyond Brahmin ’s control.