User Generated Content Terms of Service
License/Grant of Rights
By tagging any photos, videos, drawings, or any other user generated content (“Content”), using #TrunkClubAgree, you hereby grant Trunk Club, Inc., its subsidiaries, agents, affiliates and/or assignees (“Trunk Club”), a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, copy, publish, distribute, display, broadcast, modify, publicly perform, and create derivative works of any Content, in whole or in part, in any media now existing or later developed, for any purpose, without any compensation, liability or obligation to you, including without limitation, the advertising and promotion of Trunk Club affiliated websites, retail locations, commercial products, services, and any other channel.
You represent and warrant that you have the authority to grant the permission set forth herein, and agree to indemnify and hold Trunk Club harmless from and against any claims for damages resulting from Trunk Club’s use of the Content, including without limitation for claims of copyright infringement. You release and hold harmless Trunk Club from any liabilities for damages of any kind relating to the use of the Content.
Trunk Club and its third-party service providers are not responsible, and shall have no liability to you, with respect to any information, communication or materials posted by others, including defamatory, offensive or illicit material, including material that violates these Terms. By posting or submitting Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such content. To the extent submitted content contains images, you represent and warrant that: (a) you are the copyright owner or have obtained the copyright owner's permission to use such images; (b) you hold the rights necessary to grant the licenses and sublicenses described in these Terms and Conditions; and (c) you have obtained the consent of each person, if any, depicted in such images.
Right of Publicity
You hereby release and discharge, Trunk Club from any and all claims you might have in connection with Trunk Club’s use, display, dissemination or exploitation of the Content, including, but not limited to, any claims for defamation; violation of any moral or artist rights; and/or any right of privacy or publicity.
Any Content submitted that, in Trunk Club’s sole and absolute discretion, is considered inappropriate or unsuitable for publication may not be used. Content must comply with the following guidelines:
- Content may include additional persons but such persons must have expressly authorized the use of their images or likenesses.
- Content must NOT contain material which is (or promote activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing or which is otherwise inappropriate in the sole discretion of Trunk Club, nor may image contain any derogatory references to Trunk Club or any other person or entity.
- Content must not contain or transmit any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network operated by Trunk Club.
- Content may not contain personally identifiable information about you or any other person, such as last name, address, phone number, email address or any contact information.