Rights of use request
Thank you for stopping by, and welcome to smow! We really like your Instagram picture/video, so much so that we would like to share your post on our website and possibly our other marketing platforms. Therefore we ask you for the rights to your "User Generated Content" (UGC).
Rights of use
You hereby grant us and our partners the non-exclusive, free, unlimited time and place rights to use your UGC for all marketing purposes, online and offline, especially in advertising, for example, in catalogues, in store displays, emails and other communication both with businesses and consumers and to save, reproduce, display, distribute, make publicly available and - subject to Section 14 of the Copyright Act - to amend and edit your UGC ("License").
The license is
"Non-exclusive", that is, you may use your UGC for your own purposes and allow others to use your UGC for their purposes;
"Free", that is, free of charge. There is and will be no remuneration from us in connection with the use of your UGC;
"Unlimited in time", that is, you grant us the license indefinitely;
"Geographically unlimited", that is, we can exercise the license anywhere in the world.
Our "partners" are exclusively our smow stores and third parties commissioned for marketing, such as, for example, Flowbox.
You promise us
that you have the right to grant us the license to the extent described above;
that you have obtained permission from all persons depicted in your UGC that the UGC in which they are depicted may be used to the extent described above;
that you have paid in full any license fees or other charges that may be related to your UGC;
that your UGC does not violate any third party rights, for example, intellectual property or personal rights;
that you as a natural person have reached the age of eighteen (18) or that you, as a legal representative, agree to the license to the above extent.
We reserve the right to stop using your UGC at any time without notice and to remove it from our marketing channels without replacement.
Only German law applies to this agreement, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law only applies insofar as the protection granted is not ceded by mandatory provisions of the law of the state in which you are habitually resident. If you are a business, entrepreneur within the meaning of § 14 BGB or a legal entity under public law or a special fund under public law or you do not have a general place of jurisdiction in the Federal Republic of Germany or your place of residence or habitual residence is not known at the time the lawsuit is filed, exclusively - also international jurisdiction - for all disputes arising from or in connection with this agreement is our place of business.
For further information, please contact:
+49 341 2222 88 10
Correct as of: 02.06.2020