The “Photo” refers to the photo(s), caption and/or comments you uploaded to our website and/or posted on Facebook (“Social Media”).
You represent and warrant that:
You are at least eighteen (18) years of age or are legally considered an adult in the State or Country where you reside;
The Photo is your own original creation, you did not take the photo from another website, social media posting or elsewhere, and it does not contain anything that violates the rights of any person or entity;
The Photo does not contain any copyrights, trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or Kelly’s Country Store;
The Photo does not contain anything illegal, defamatory, obscene or offensive;
You have permission from any person(s) appearing in the Photo to provide us with the rights to use the Photo as described in these UGC
Your upload or post of the Photo does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the Photo;
Our Use of Your Photo
You grant us an irrevocable and unlimited right and license to use your Photo without the payment of any royalty. You agree that you shall never withdraw this permission and license to use the Photo. We may use your Photo for any business purpose on our websites and social media pages, and in any other online, digital marketing material and in any new media or technology that becomes available later in time, throughout the world, for an unlimited time. You agree that we may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the Photo (or any part of the Photo) and related content, and include the Photo (or any part of the Photo) into other works, for any business-related purposes, including but not limited to promotional and marketing purposes. You also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the Photo. You agree that we have no obligation to use your Photo or your name or other identifying information.
You irrevocably and unconditionally waive (and agree not to enforce) all rights in the Photo, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing, or which become law in the future in any part of the world.
Whether we choose to use the Photo or not is solely our choice. We have no obligation to use the Photo and we may remove or stop using any Photo at any time, for any reason. Use of the Photo does not imply our endorsement of or any affiliation with you.
Limitation of Liability