House of Marley® User Generated Content Terms of Use

House of Marley, reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because House of Marley has requested your permission to use your social media content in this way.

If you choose to allow us to use your social media content (“User Generated Content”) by replying with the hashtag #HouseofMarleyPhoto, you agree to these Terms of Use.

House of Marley engages a limited number of service providers to facilitate the collection and transmission to the House of Marley websites (www.houseofmarley.com and others)(each a “Site” and collectively, the “Sites”) social media channels, promotional materials and other properties of User Generated Content, including photos, text, graphics, audio, video, location information, comments and other materials from social media sites, for use by House of Marley in connection with its business, including House of Marley’s product feature, marketing, promotional, advertising and other consumer-related activities.

House of Marley reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorization to feature your User Generated Content.

These Terms of Use for User Generated Content (“UGC Terms of Use”) describe the terms and conditions under which House of Marley, LLC, a Michigan limited liability company (“Marley”) may use the content created and publicly posted by you, as more specifically identified and described in the message Marley sent to you via its websites (“Site”) or the social media platform on which such content appears referring you to these UGC Terms of Use. Such content, which includes, but is not limited to words, pictures, images, data, video and information, shall be referred to herein collectively as the “User Generated Content.”

IMPORTANT NOTICE — THIS IS A BINDING CONTRACT

BY REPLYING #HOUSEOFMARLEYPHOTO, YOU (“YOU”) ARE ENTERING INTO AN AGREEMENT WITH MARLEY AND AGREE TO BE BOUND BY THESE UGC TERMS OF USE, WITHOUT LIMITATION OR QUALIFICATION. MARLEY RESERVES THE RIGHT TO MODIFY THESE UGC TERMS OF USE BY POSTING NEW VERSIONS THEREOF, AS WELL AS THE RIGHT TO PROVIDE ADDITIONAL NOTICE OF MATERIAL CHANGES, WHICH MODIFICATIONS AND CHANGES WILL BE EFFECTIVE IMMEDIATELY.

LICENSE

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, You hereby irrevocably grant to Marley, as well as its respective licensees, successors and assigns (collectively, the “Licensed Parties”), the worldwide, perpetual, fully-paid, royalty-free, non-exclusive, non-transferrable, sub-licensable right to use, publish, broadcast, post online, and copyright: (i) Your name, voice, picture, portrait and likeness (“Name and/or Likeness”) as such Name and/or Likeness appears in or in connection with the User Generated Content; and (ii) the User Generated Content in any manner to be determined in Marley’s sole discretion, including without limitation on web pages and social media pages generated by Marley in connection with advertising, marketing and promotional materials, and in any other marketing, promotional emails and promotional and advertising initiatives and in any media now or hereafter known. You understand and acknowledge that Marley may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Generated Content in any manner in its sole discretion, with no obligation to you whatsoever.

No advertisement, promotional media, or other material in any media containing Your Name and/or Likeness related to the User Generated Content need be submitted to You for any further approval for use by the Licensed Parties, and the Licensed Parties shall be without liability to You for any distortion or illusionary effect resulting from the publication of Your Name and/or Likeness.

Notwithstanding the above, the Licensed Parties will have no obligation to make any use of any of the rights granted by You. Marley’s use of the User Generated Content or Your Name and/or Likeness does not imply any endorsement of or any affiliation with You.

YOUR REPRESENTATIONS OF OWNERSHIP

You acknowledge and agree that: (a) You are not a minor; (b) You have the full right, power and authority to grant the rights described in these UGC Terms of Use; (c) the User Generated Content was created solely by You or You own or control all rights in such User Generated Content, such that You have all necessary licenses, rights, consents and permissions to publish the User Generated Content and to grant the rights granted herein, including permission from all person(s) appearing in Your User Generated Content; (d) the exercise by Marley of its rights under these UGC Terms of Use will not violate the rights of any third party or any applicable laws, rules or regulations, including, without limitation, consumer protection, privacy, copyright, trademark, trade secret, privacy, publicity, moral, proprietary or other rights, and trade laws; (e) the User Generated Content does not contain any worms, viruses or other code deemed harmful to Marley or Marley’s users; and (f) the User Generated Content is not, in Marley’s reasonable discretion, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MARLEY, ANY THIRD PARTY SUBLICENSEE OF MARLEY, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM THESE UGC TERMS OF USE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS

SHALL APPLY REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.

INDEMNITY & RELEASE

You agree to indemnify, defend and hold Marley, its officers, directors, employees, contractors, agents, suppliers, licensees, successors, or assigns, and/or its and their respective officers, directors, employees, contractors and agents (collectively, the “Indemnified Parties”) harmless from and against any and all damages, liability, claims, actions, demands and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of any breach by You of these UGC Terms of Use.

Without limiting anything set out above, You hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these UGC Terms of Use.

If You are a California resident, you expressly waive California Civil Code §1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

You irrevocably and unconditionally waive (and agree not to enforce) all rights in the User Generated Content, 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.

If requested, You will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights You have granted to Marley under these UGC Terms of Use.

The User Generated Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using any of the Licensed Parties’ Sites and/or any of the services in connection therewith (the “Services”), You are consenting to the Licensed Parties’ collection of any personal information You provide for the Licensed Parties’ use and disclosure in connection with the use of Your User Generated Content as described herein. If You do not agree to the collection, use and disclosure of your personal information in this way, please do not use the Sites or the Services or otherwise provide the Licensed Parties with personal information. Your personal information may be transferred. By using the Sites or the Services or otherwise providing the Licensed Parties with personal information, You agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these UGC Terms of Use, the Privacy Policy and applicable data protection laws and regulations.

MISCELLANEOUS

These UGC Terms of Use are personal to You and may not be assigned or transferred by You for any reason whatsoever without Marley’s prior written consent, and any action or conduct in violation of the foregoing shall be void and without effect.

These UGC Terms of Use is governed by the laws of the State of Michigan excluding its conflicts of law rules. You hereby consent to personal jurisdiction and venue in the state and federal courts located in Oakland County, Michigan.

You agree that if Marley does not exercise or enforce any legal right or remedy which is contained in these UGC Terms of Use (or which Marley has the benefit of under any applicable law), this will not be taken to be a formal waiver of Marley’s rights and that those rights or remedies will still be available to Marley.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these UGC Terms of Use are invalid, then that provision will be removed without affecting the rest of the UGC Terms of Use. The remaining provisions of these UGC Terms of Use will continue to be valid and enforceable.

Marley reserves the right to alter these UGC Terms of Use without advance notice by posting a revised UGC Terms of Use. Accordingly, You should review the UGC Terms of Use each time You grant permission or authorization to feature Your User Generated Content.

Last updated: March 18, 2021.