UGC Terms and Conditions
Phenomenal LLC (“Phenomenal”) reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because Phenomenal has requested your permission to use your social media content in this way.
Phenomenal engages a limited number of service providers to facilitate the collection and transmission to the Phenomenal websites (www.Phenomenalwoman.us) (the “Site”), social media channels, promotional materials and other properties (“Phenomenal Properties”) of User Content, including photos, text, graphics, audio, video, location information, comments and other materials from social media sites, for use by Phenomenal in connection with its business, including Phenomenal’s product feature, marketing, promotional, advertising and other consumer-related activities (the “Phenomenal Services”).
USER CONTENT LICENSE
You hereby grant to Phenomenal and its related companies, agents, licensees, sublicensees, 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, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.
You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content 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 (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
The Licensed Parties reserve the right to remove any User Content from the Site and the Phenomenal Properties. If you believe any content, including User Content, residing on the Site or on the Phenomenal Properties or displayed or used in connection with the Phenomenal Services infringes any person’s or entity’s copyright rights, please contact us at firstname.lastname@example.org.
INTELLECTUAL PROPERTY RIGHTS
The Site, Phenomenal Services or Phenomenal Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Phenomenal by authorizing use of your User Content or otherwise using or accessing the Site, the Phenomenal Services or the Phenomenal Properties.