We have contacted you with regard to your photo posted within (submitted to) your social media accounts to request further rights of use within our communication channels.
You grant to cosnova, its third-party service providers, licensees, cooperation and media partners (collectively, the “Licensed Parties”) the worldwide, perpetual, royalty-free, non-exclusive, transferable right to use the Photo in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known (however, with no obligation to actually make any use). The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Photo in any manner in their sole discretion, with no obligation to you whatsoever, in particular without your consent. The Licensed Parties may use (without any obligation to do so) your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your Photo.
You hereby represent and warrant that (i) you own all rights in and to the Photo, (ii) if the Photo is subject to third party rights, you have all necessary licenses, rights, consents, and permissions to publish the Photo and to grant the rights granted herein, including permission from all person(s) appearing in your Photo; (iii) you are not a minor, (iv) you are legally entitled to post the Photo, and the Licensed Parties’ use of your Photo as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party, and (v) the Photo is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. In the event, you do not comply with your representations or warranties you are obliged to compensate any resulting damages of cosnova and to hold cosnova harmless from any resulting claims of the Licensed Parties and third parties.
The Photo is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, except pursuant to the Licensed Parties’ respective privacy policies.
You are solely responsible for any Photo that you submit. You are legally liable for the Photo that you submit including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws or lack of the permission of the author or the owner or – defamatory comments – of the subject featured in such submission.
IN NO EVENT WILL COSNOVA, ITS AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN THE USE OF PHOTO BE LIABLE TO YOU FOR ANY DAMAGES, EXCEPT FOR (i) DAMAGE OF LIFE, BODY OR HEALTH OR (ii) IF CAUSED BY OR DELIBERATE INTENT OR GROSS NEGLIGENCE OF COSNOVA OR ITS LEGAL REPRESENTATIVES OR VICARIOUS AGENTS.