By posting your content with the hashtag #lonestarcommunity to a social media site, you are representing that you agree to the following terms and conditions:
1. You took the photograph and no other person aside from yourself appears in the image:
I took the original photograph(s), graphic(s), image(s), video(s), or other material(s) that I have tagged with #lonestarcommunity and created any accompanying text, (the collective "user content") for good promotional consideration of which I hereby acknowledge. I wish to license any and all rights in the user content to Lone Star Candle Supply, Inc. ("LSCS") upon the terms and conditions set forth in this agreement. I can attest that no other person has shot or appeared in the user content. In the event that someone else has shot or appeared in the user content, I can attest that each person has, for good promotional consideration in a writing that I shall furnish promptly, licensed any and all rights of the user content to Lone Star Candle Supply, Inc. upon the terms and conditions set forth in this agreement.
2. Lone Star Candle Supply, Inc May Use the User Content:
I hereby grant Lone Star Candle Supply, Inc. the irrevocable, non-exclusive, royalty-free, worldwide right and license to use the user content (in connection with any LSCS design, development, production, marketing, advertising, distribution, promotion, and sale, for any and all purposes), sublicense, telecast, publicize, edit, change, modify, add to, subtract from, and create derivative works of, in any and all media (including social media sites) known now or hereafter created without any compensation to me. I attest that all of the user content submitted to LSCS using the hashtag #lonestarcommunity hereto is my original work/creation and that I have legal right to irrevocably license to LSCS the rights mentioned herein to the user content.
3. I Assume the Risks Associated With the Internet & Social Media:
I understand that LSCS will not be liable in any way or under any circumstances for any loss or damage of any kind incurred by me as a result of the use of the user content. LSCS has the right, but not the obligation, to monitor and edit or remove the user content and/or any comments posted about the user content. Additionally, I acknowledge LSCS is not responsible for, and does not endorse, the opinions, advice, suggestions, or recommendations posted or sent about the user content and LSCS disclaims any liability in connection therewith. I also understand when publishing user content on the internet, including by use of the hashtag #lscscommunity on a social media site, LSCS has no control over the user content and it is possible that others may duplicate it, including, but not limited to, on other sites on the internet.
4. Use of My Name & My Likeness:
I hereby grant to LSCS the right to use of my name, nickname, likeness, voice, picture, image, caricature, statements, social media handle, accompanying texts, inquiries, feedback, suggestions, language, writings, statistics, signature, facsimile signature, biography, photograph, video, motion picture and any other reference to my persona, personality, information I provide LSCS or preferences (collectively the “Attributes”), in connection with the manufacture, sale, marketing, advertising and promotion of LSCS products and/or the LSCS brand, including, without limitation, on the internet and in connection with social media. This license shall include, without limitation, the right to use the Attributes in the advertisement and promotion of LSCS products and marketing that use or reference the user content, including, without limitation, on and in any artwork, packaging, advertising and promotional material and in connection with any and all advertising, press conferences, media releases, social media accounts, internet-based marketing, broadcasts and other incentive, publicity and public relations programs relating to LSCS or the User Content without restriction as to geographic distribution or the frequency or duration of use.
I attest that: (a) I have the sole and exclusive right to enter into and perform this Agreement and to grant the rights granted herein, (b) the rights I have granted hereunder will not conflict with or violate any commitment, agreement or understanding I have or will have with, nor infringe upon any rights of, any person or entity, (c) the consent of no other party is required for LSCS to exercise its rights hereunder, (d) I am over 18 years of age and (e) I am a legal resident of the United States of America. I understand LSCS is conducting such activities in express reliance upon the foregoing. I will have no claim (including without limitation claims based on invasion of privacy, trademark, copyright, defamation, libel, slander, right of publicity and any other personal and property rights) arising out of any use of the User Content or Attributes permitted by this Agreement, and I hereby agree to release, indemnify, defend, hold harmless, and discharge LSCS from and against any and all claims, damages, losses, costs, expenses and/or liabilities of any kind or nature whatsoever (including without limitation attorneys’ fees) arising out of or in connection with or incurred by reason of the use of the user content and/or the Attributes set forth herein or the inaccuracy or breach of any representation, warranty, promise, agreement or undertaking I have made herein.
I agree not to transmit, upload, post, e-mail or make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including spam. I agree not to impersonate any person or entity, or falsely state or otherwise misrepresent my affiliation with any person or entity (including LSCS), intentionally or unintentionally violate any local, state, national, or any national law that may be applicable, or collect or store personally identifiable data about other people.
6. Removing the User Content:
If you would like to request to remove the user content from LSCS social media or website, please send an e-mail to customer service. Please include the following information: 1) Removal of User Content in the subject line, 2) please provide the reason you are requesting removal, 3) your e-mail address, 4) a clear copy of the user content you would like to have removed so that we can easily locate it, 5) the social media site or website where the user content you want removed appeared along with a link if possible, and 6) your social media account name (if applicable) so we can better locate the user content. Once LSCS has had a chance to review your request, we will remove the user content from the LSCS social media account or website referenced in your e-mail.
7. If You Believe Your Content is Being Used By LSCS Without Consent:
If you believe that your intellectual property and/or publicity rights have been used on LSCS's website or social media accounts with your consent in an infringing manner, you may notify us by e-mailing customer service, or by calling us at 1-800-929-9425. LSCS tries to keep its website and social media accounts as an open forum for customers but sometimes other users may attempt to obtain personal information about you in order to harass you or injure you. You acknowledge and agree that LSCS is not responsible for the misuse of information that is publicly disclosed should others choose to do so. Please use discretion when choosing what you post and share online and report any abuse to LSCS.