WE tv Photo Usage AgreementBy replying with your agreement to allow usage of your photo (the “Photo”), you grant WE tv LLC, its subsidiaries, affiliates and designees (collectively, “WE,” or “us”) with an irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to republish, use, edit, translate, and copy your Photo and to create derivative works from your Photo and any comments or other content submitted in connection therewith, and to use any of the foregoing, alone or together with other materials, in any and all media, including, without limitation, on the WE tv television programming service, on WEtv.com and on WE tv's social media channels on Instagram, Facebook, Twitter, and/or other platforms without payment, compensation or further notification to or permission from you. WE may remove any Photo from any of its media outlets at any time without notice.
In addition, by agreeing to allow WE to share and use your Photo as described above, you represent that:
(A) The information and materials posted with the Photo, including logos, images, artwork and/or materials appearing in or in connection with your Photo, are original and were created solely by you, or if you are not the creator, you have the right to post such material, including permission from the copyright owner of the Photo and any content appearing in your Photo, to allow you to grant the rights contemplated by this License.
(B) If any person other than you appears in your Photo or are referenced in any way in any comments or text accompanying your Photo, you have consent from each such person (or his/her parent or legal guardian if such individual is under the age of eighteen (18) or the age of majority in their jurisdiction of residence) and no additional permissions or consents are needed from any other person with respect to your Photo.
(C) You are (i) over the age of eighteen (18) or the age of majority in your territory of legal residence, whichever is greater; and (ii) have the right and capacity to grant this License.
Use of Name/Likeness/Content: In addition to the above, you consent to WE’s use of your name, image, likeness, social medial handle(s) and avatars, comments, statements, posts, and/or biographical material for advertising, publicity and promotional purposes for WE, in connection with WE’s use of your Photo as authorized above, in perpetuity, without payment, compensation or further notification to or permission from you, except where prohibited by law.
Indemnification/Release: You agree to indemnify, defend, release and hold harmless WE, and its advertising and promotion agencies and each of their respective employees, directors, officers, agents, business partners, contractors, distribution partners and representatives (collectively, “Released Parties”) from and against any and all claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to WE’s use of your Photo or any content contained in it, including your or any other person’s name, image, likeness, comments, posts, statements, biographical material or other information, including without limitation any claims arising out of or based upon infringement of any person’s intellectual property or proprietary rights in connection with use of your Photo, name, image, likeness or other associated information.
Limitation of Liability/Disclaimer of Warranties: IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THE USE OR POSTING OF ANY PHOTO. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Governing Law/Disputes: The laws of the United States and the state of New York shall govern this License.