By uploading your photograph on our website or by tagging #ShoeDazzleGirl and responding #yes to our request, you agree and grant ShoeDazzle, LLC, its parents, subsidiaries, agents, employees, successors, affiliates, and /or related entities ( collectively herein “ShoeDazzle”) an absolute unrestricted, non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, copy, distribute, publish, copyright, broadcast, display and modify your photograph along with your name, handle, likeness (“User Content”) in any and all forms of media, including but not limited to its webpages, social media platforms, third party materials, digital and physical owned channels and mediums for all promotional, marketing, advertising, promotion and sale of ShoeDazzle products, and any other commercial usages without any consideration or compensation due to you. ShoeDazzle may use, reproduce, distribute, combine with other materials, alter and/or edit your User Content in any manner in its sole discretion, without any obligation or additional permission from you.
You represent and warrant to ShoeDazzle that (i) you are over the age of 18, (ii) have the requisite right to transmit, distribute, replicate, and post the User Content, (iii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to the User Content provided herein, (iv) you hold the rights necessary to grant the licenses described herein, (v) you have obtained the consent of each person, if any, depicted in the User Content, (vi) you are the parent or legal guardian of each child under the age of 13, if any, depicted in the User Content, and (vii) the User Content, and ShoeDazzle’ use of the User Content as permitted under these terms and conditions, do not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party.
You agree to forever release, discharge, indemnify, defend, and hold harmless ShoeDazzle from and against, and covenant not to sue for, any claims, actions, losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, including but not limited to any claims for defamation or infringement of publicity, privacy or “moral” rights arising from or in connection with the distribution, display and/or use of the User Content, or arising out of or related to any breach of any of the above representations and warranties. You expressly and unconditionally release ShoeDazzle from any claims, damages, actions, or liabilities arising from ShoeDazzle’ use of the User Content as permitted herein.
If at any time you believe that any of the representations and warranties provided above is not correct, you must notify us immediately by sending an email to social@shoedazzle.com and identifying the User Content along with a detailed explanation of the issue.
You understand and acknowledge that this release shall be governed by and interpreted under the laws of the State of California, without regard to its conflict of laws rules. The courts of Los Angeles County shall have exclusive jurisdiction over any and all claims in connection with this release.
COPYRIGHT AND/OR TRADEMARK INFRINGEMENT
If you believe any photograph, image, or User Content posted on the Fabletics website infringes on your trademark, copyright or other intellectual property right, please send an email to social@shoedazzle.com containing the following information:
Identity of your copyrighted work, trademark, or other right you claim has been infringed
Description of the allegedly infringing material located on the Fabetics website including where the alleged infringing material is located and the permalink where the material is located;
Your address, telephone number, and email address;
Your written declaration that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law;
Your written declaration, made under penalty of perjury, that the above information provided in your notice is accurate and that you are the copyright owner or trademark owner or authorized to act on the owner’s behalf; and
Your physical or electronic signature.
By submitting this photo, I grant JustFab/Fabletics the right to use and distribute it and agree to the terms. Terms & Conditions/ Full Terms (with link)