Evenflo Company, Inc. (“Evenflo”, “our”, and “we”) recently noticed your public post and would like to use it for commercial purposes in our promotional materials, including but not limited to marketing brochures, advertisements, websites, social networking sites, other print and digital communication, and/or our social media sites. Our terms and conditions for such use appear below (the “Terms”):
“Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material, including any personal information, that is referenced herein and posted on the internet and/or social media.
By agreeing to these Terms, you are granting Evenflo and its parent companies, subsidiaries, affiliates, successors and assigns, employees, and agents (the “Evenflo Parties”) a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense) to publish, use, copy, modify, distribute, publicly display, transmit, repurpose, create other works from, and commercialize the Content in any and all media, without obtaining additional consent, without restriction, without inspection or approval by you and without compensation to you.
You are granting the Evenflo Parties the right to include the name provided, along with the Content published by you; provided, however, we shall have no obligation to use such Content or to include such name with our use of such Content, if applicable. 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 have all rights and authority necessary for you to grant the licenses granted herein, and that the Evenflo Parties do not need permission from any other party, including those of parents or other subjects appearing in the Content. If an image of a minor is contained in the Content, you represent and warrant that you are the parent or legal guardian of the minor shown. You further transfer any rights in the Content to the Evenflo Parties and irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the Content that you may have under any applicable law under any legal theory. Finally, you waive any and all claims relating you may have against us for any use of the Content, including but not limited to any claim for copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity.
By agreeing to these Terms, you agree to indemnify, defend, and hold the Evenflo Parties harmless from and against all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limitation, all expenses of litigation, court costs, and attorneys’ fees attributable or related to (1) any breach of representation or warranty contained herein; and (2) any claim of intellectual property infringement, including, without limitation, claims arising from copyright, trademark, trade secret or violation of any privacy rights.
I have read and understood the above Terms. To agree to and accept these Terms, please reply with #Yes2Evenflo, along with your name and email address.