MyGnar, Inc. User Generated Content Terms of Service

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROVIDING YOUR APPROVAL TO THESE TERMS. By replying #GNARBOXAgree in response to a request from or on behalf of MyGNAR, Inc., You assent to the terms and conditions of use set forth below (“Terms”). “You” or “Your” refers to the individual rights holder of the Content that is the subject matter of these Terms.

MyGNAR, Inc., including its affiliates and subsidiaries (collectively “GNARBOX”), is interested in the content recently published by You through one or more third-party sites or platforms, and would like to request Your permission to share Your content. Please review these Terms to determine whether You wish to grant GNARBOX the rights and permissions set forth herein.

As used herein, the term “Content” shall refer to any picture, graphic, drawing, image, illustrations, text, video recordings, sound recordings, or other material You have posted online or through social media platforms.

GNARBOX does not claim ownership rights in Your Content. However, by agreeing to these Terms, You hereby grant to GNARBOX as licensee, and its parent, affiliates, subsidiaries, successors and assigns, an irrevocable, paid up, non-exclusive, world-wide, sub-licensable, transferable and royalty-free license to use the Content for the purpose of marketing, distributing and selling products or services, or for other promotional or informational purposes, including but not limited to use in social media, website, and email, for a perpetual term. You understand that GNARBOX may edit the Content for marketing purposes with Your written approval.

By agreeing to these Terms, You hereby warrant and represent that: (a) You are the sole owner of the Content, including but not limited to, all copyright rights therein; (b) You have the authority to agree to these Terms and provide the rights granted hereby; (c) this License does not infringe any third party’s rights; (d) there is no pending or threatened lawsuits concerning any aspect of the Content; (e) You have obtained any necessary releases from any person(s) appearing in the Content, and/or from the owner of any property in the Content, and that You shall provide copies of such releases to GNARBOX at its reasonable request.

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. You hereby waive, discharge, and agree to hold GNARBOX harmless for any and all claims against GNARBOX for payment, or claims relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity, or any other claim arising out of the use of the Content.

Please see our Privacy Policy for information regarding the collection and use of personal information: https://www.gnarbox.com/pages/privacy-statement.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. Any dispute or claim relating in any way to these to these Terms will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

By replying #GNARBOXAgree, You unconditionally accept these Terms and these Terms shall constitute the entire understanding of the parties with respect to the subject matter therein. This License may not be amended or rescinded except by a writing signed by the parties, and removing Your consent from the platform on which it was originally provided shall not serve to void, terminate, or alter these Terms or the enforcement thereof. This License shall be binding upon and inure to the benefit of the parties and their respective successors and heirs.