Social Media Agreement
Thank you for sharing with Old Gringo! Please read this agreement carefully. It contains important terms that affect your legal rights. When you submit content (Including but not limited to, photos, texts, artwork, & music “content”) to the Old Gringo website (oldgringoboots.com) or any Old Gringo-maintained social media site (A “SITE”) or use any Old Gringo-branded hashtag and respond #YESOG to Old Gringo, you agree to be bound by these terms:
- You may be viewing this license agreement on a small screen. If so, here are the highlights of the License Agreement below (but please read the entire agreement):
- You own the Content. Nothing in this license agreement changes that.
- You are giving Old Gringo a license to use the Content on Old Gringo’s websites, apps, e-mail, and social media, including for promotional purposes.
- You are also giving Old Gringo a license to use your name and image and other biographic material in conjunction with the Content.
- You have all the rights from third parties for your Content and nothing in the Content is inappropriate or defamatory.
- You are releasing Old Gringo from any liability and you agree not to sue Old Gringo for its use of the Content as described.
You represent and warrant that:
(a) you are at least 18 years old;
(b) you own and control all right, title and interest in and to the Content or you otherwise have all rights, permissions and consents necessary to post and use such Content and grant the license being granted hereunder (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); and
(c) Old Gringo’s use of the Content will not give rise to any claims for any payment whatsoever, including, but not limited to, claims for royalties, re-use fees or residuals. The Content also includes any profile information you allow Old Gringo to access from third party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.
You hereby grant to Old Gringo a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, in any and all media, now known or hereafter devised, including without limitation on Old Gringo’s website and social media accounts, on or in any online, mobile or other digital platforms owned, controlled or licensed by or on behalf of Old Gringo (including websites, apps and e-mail), for any purpose, including for advertising, marketing, promotional and publicity purposes. Without limiting the generality of the foregoing, this license includes, and you expressly consent to, Old Gringo’s right to use and publicly display your name, image, likeness and persona. Nothing in this license requires Old Gringo to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.
You agree that any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with Old Gringo or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at Old Gringo’s request.
You agree to sign and deliver documents and take any other actions reasonably requested by Old Gringo to effectuate, perfect or evidence the license and rights granted in these Terms.
You agree that you will not submit Content that (a) infringes the rights of any other person or entity, including without limitation any patent, trademark, trade secret, copyright, right of publicity, right of privacy or any other right of another person or entity; (b) includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (c) displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful or depicts the a product being used in a manner that is contrary to any instruction or warnings relating to the product; (d) makes or includes statements, claims or depictions about a person, company, product or service that are false or misleading.
To the fullest extent allowed by law, you hereby release Old Gringo and its employees, contractors, sponsors or any other person acting under Old Gringo’s permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. Finally, you acknowledge that, with respect to any claim relating to or arising out of Old Gringo’s actual or alleged exploitation or use of any Content submitted, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production or other materials based on or allegedly based on the Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
These Terms will be governed by applicable federal law and the laws of the Commonwealth of California, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Old Gringo’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).