HOMAGE User Generated Content Publicity Policy + Agreement
Last modified: October 29, 2021
Homage, LLC (“HOMAGE”, “our”, and “we”) recently commented and asked permission to use your content in conjunction with the advertising, promotion and marketing of our brand and products. Please review the below terms (“Agreement”) to help you determine if you would like to grant HOMAGE such permission.
What does “Content” mean?
“Content” refers to all of the text, usernames or handles, hashtags, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material that you posted on the internet and/or social media which prompted our reply to you, and includes the name, likeness, and other personal characteristics and private information of any individual(s) displayed as a part of the content (the “Content”). We want to use and publicize such Content for advertising, promotion, and other commercial and business purposes.
Who owns the Content?
We do not claim ownership of the Content. As between HOMAGE and you, you own the Content.
Is HOMAGE asking for a license to use and commercially exploit the Content?
Yes! By agreeing to these terms, and in exchange for the intangible value you will gain by participating in HOMAGE’s publicity programs, the receipt and sufficiency of which you hereby acknowledge, you are permitting, authorizing, granting, and licensing HOMAGE and our subsidiaries, affiliates, successors, and distributor and wholesale accounts, and their respective licensees and assigns, and the employees, officers, directors, and agents of each and all of them (collectively, with HOMAGE, the “Authorized Persons”) a nonexclusive, worldwide, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, license, otherwise use, and permit others to use the Content, and all materials created by or on behalf of HOMAGE that incorporate any of the foregoing (“Materials”), in any medium or format whatsoever now existing or hereafter created, without obtaining additional consent, without restriction or notification, and without further royalty, payment, or other compensation to you. We reserve the right to make the styles displayed in your Content “shoppable” by adding widgets or lightboxes to the Content that feature the ability to purchase said styles.
Do I get to review or approve how HOMAGE uses my content before it is used publicly?
No. You acknowledge and agree that you have no right to review or approve Content or Materials before they are used by HOMAGE, and that HOMAGE has no liability to you for any editing or alteration of the Content or Materials or for any distortion or other effects resulting from HOMAGE’s editing, alteration, or use of the Content or Materials, or HOMAGE’s presentation of you. Any credit or other acknowledgment of you, if any, shall be determined by HOMAGE in our sole discretion.
Is HOMAGE definitely going to use my Content?
Nope! We might not. HOMAGE has no obligation to create or use the Content or Materials or to exercise any rights given by this Policy.
What promises am I making to HOMAGE?
You represent and warrant that you are at least eighteen (18) years old and have all of the rights, power, and authority necessary to enter into this Agreement and for you to grant the rights granted in this Agreement, including without limitation the rights of publicity and privacy for any person featured in the Content and the copyright and photographic rights in the Content. You also represent and warrant that the Authorized Persons’ (including HOMAGE’s) use of the Content and the rights and license granted by you under this Agreement do not, and will not, violate any right (including without limitation copyright, trademark, trade secret, right to privacy, or right of publicity) of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from, or any payment to, any third party is required in connection with this Agreement.
What rights or claims am I giving up or otherwise waiving?
To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”), arising directly or indirectly from the Authorized Persons’ exercise of their rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Content and Materials, and whether resulting in whole or in part from the negligence of HOMAGE or any other person, and you hereby covenant not to make or bring any such Claim against any Authorized Persons and forever release and discharge the Authorized Persons from liability under such Claims. You understand that HOMAGE is relying on this Agreement and will incur significant expense in reliance on this Agreement.
Should I be aware of any other terms?
Yep! This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. You acknowledge and agree that you have not relied on any statement, representation, warranty, or agreement of HOMAGE or of any other person on our behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Agreement. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. HOMAGE may assign this Agreement and its rights hereunder, in whole or in part, to any party. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in the city of Columbus, Ohio, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.
What should I do if I can’t or don’t agree?
If you do not own or have authorization to grant the rights and permissions described in this Agreement and/or do not want to grant HOMAGE such rights and permissions, do not accept these terms and do not reply “approve” (or with any other similar language indicating your approval) when responding to the original comment that directed you to this page.
Would a summary of this Agreement be helpful?
This Agreement provides HOMAGE with your absolute and unconditional consent, waiver, and release of liability, allowing HOMAGE to publicize and commercially exploit your Content, as well as your name, image, likeness, and other personal characteristics and private information found in or connected to the Content without needing to receive additional consent beyond the consent you’re providing here, and without making any payment to you or otherwise providing you with any compensation.
How do I agree?
By responding to us through the app/platform on which we initially contacted you with “approve” or some other language that makes clear to HOMAGE your approval, you acknowledge that you have read, understood and agree to all of the terms of this policy and that you are giving up substantial legal rights, including the right to sue HOMAGE.
What if I change my mind?
No problem. To request removal of the Content from the HOMAGE website please email firstname.lastname@example.org. You must include a link to the Content you wish to have removed. HOMAGE will use reasonable efforts to remove the Content within ten (10) business days of your request.