AnekDamianBooks engages a limited number of service providers to facilitate the collection and transmission to the Site social media channels, promotional materials, and other properties (“AnekDamianBooks Properties”) of User Content, including photos, text, graphics, audio, video, location information, comments, and other materials from social media sites, for use by AnekDamianBooks in connection with its business, including AnekDamianBooks ’ product feature, marketing, promotional, advertising, and other consumer-related activities (the “AnekDamianBooks Services”).
User Content License
You certify that you are at least 18 years of age.
You hereby grant to AnekDamianBooks and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including, but not limited to, on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional, and advertising initiatives, including but not limited to promotions on social media platforms, television and radio advertisements, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including, but not limited to, your voice, in connection with any use of your User Content.
You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You hereby release, discharge, and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
The Licensed Parties reserve the right to remove any User Content from the Site and the AnekDamianBooks Properties. If you believe any content, including User Content, residing on the Site or on the AnekDamianBooks Properties or displayed or used in connection with the AnekDamianBooks Services infringes any person’s or entity’s copyright rights, please refer to the Contact Us section
The Site, AnekDamianBooks Services, or AnekDamianBooks Properties, may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of AnekDamianBooks by authorizing use of your User Content or otherwise using or accessing the Site, the AnekDamianBooks Services, or the AnekDamianBooks Properties.
Content Consent and Release Form
Rights of Use
I hereby represent and warrant that the content (photos, videos, texts, etc.,) I have submitted to AnekDamianBooks , Inc., including its affiliates, subsidiaries, and related companies through email and other applicable communicational tools (“Content”) is my original work, it has not been copied from others, and it does not violate the rights of any other person.
By sending the Content, I am hereby granting, where permitted by law, AnekDamianBooks and its representatives a non-exclusive, transferrable, perpetual worldwide license (with the right to sublicense) to print, publish, broadcast, distribute, reproduce and use the Contents on the Internet, in press releases, in newsletters and event announcements, presentations, articles, social media marketing channels for news, publicity, information, trade, advertising, public relations, and promotional purposes and for any kind of present and future AnekDamianBooks events without any further compensation, notice, review, or consent. Moral rights in the Content remain with myself.
I hereby further represent and warrant that I have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that I submit to Hooray. I agree that such Content will not contain material subject to copyright or other proprietary rights unless I have the necessary permission or are otherwise legally entitled to post the Content and to grant AnekDamianBooks the license described above.
Release Form for a Minor (If Applicable)
I hereby certify that I am the adult parent or guardian of a child under the age of majority (hereinafter “Child”), who is not legally competent to give consent to the processing of the Child’s personal data in relation to the Content, and that I have the legal authority to execute this release on behalf of the Child.
By sending the Content to you (hereinafter, “Release Form”), I irrevocably give permission to AnekDamianBooks and its officers, agents, employees, successors, licensees, and assigns to take, reproduce, edit, publish, distribute and otherwise use for advertising, trade and/or promotion of AnekDamianBooks and its products the Child’s appearance, name, likeness and biographical data as included in the Content (hereinafter, “Material”). I further give permission to AnekDamianBooks to use the Child’s name and any other personal data in or in connection with any Material. I also waive any right to review and approve the publication or other use of Material for the above-described purposes either in its original form or as edited by AnekDamianBooks now and in the future. The herein granted right of AnekDamianBooks to use Material does not constitute an obligation to make use of this right. AnekDamianBooks hereby undertakes to process the Child’s personal data obtained in accordance with the above permission exclusively for purposes described in this Release Form and in line with its privacy policies and applicable privacy laws:
By sending the Content to you, I also certify and warrant that all Content created by myself has been, to the best of my knowledge, produced in compliance with applicable laws governing child labor in the entertainment industry, including (if applicable) but not limited to obtaining from a supervisory authority, written consent to employ a minor and obligation to establish a separate bank account for income from child engagement.
I agree to defend, indemnify and hold harmless AnekDamianBooks from any and all liability, claim, action, damage, expense, and losses of any kind (including attorney’s fees) caused by or arising out of or in relation to the use of any of the rights granted by myself herein. I also agree to indemnify AnekDamianBooks from any and all liability, claim or action caused by or arising from and in connection to any breach of provisions of this Release Form and any violation of applicable law, including but not limited to applicable labor laws and right to publicity, from my side.
I HEREBY GIVE MY EXPRESS CONSENT TO SHARE THE CONTENT IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS WITH ANEKDAMIANBOOKS FOR MARKETING AND RELATED PURPOSES, WHICH ALSO INCLUDES PROCESSING (E.G. POSTING) THE CONTENT ON ANEKDAMIANBOOKS WEBSITES (E.G. ANEKDAMIANBOOKS WEBSITE, FACEBOOK PAGE, INSTAGRAM, TWITTER, PINTEREST, ANEKDAMIANBOOKS NEWSLETTER, ETC.), INCLUDING SOCIAL MEDIA CHANNELS (E.G. FACEBOOK, INSTAGRAM, ETC.).
I HEREBY GIVE MY EXPRESS CONSENT TO SHARE THE CONTENT IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS WITH ANEKDAMIANBOOKS BUSINESS PARTNERS FOR MARKETING AND RELATED PURPOSES, WHICH ALSO INCLUDES PROCESSING (E.G. POSTING) THE CONTENT ON HOORAY’S PARTNER WEBSITES, INCLUDING SOCIAL MEDIA CHANNELS (E.G. FACEBOOK, INSTAGRAM, ETC.).
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANEKDAMIANBOOKS AND ITS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) THE CONTENT; (ii) ANY CONDUCT OF ANY THIRD PARTY REGARDING THE CONTENT, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CONTENT USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE CONTENT; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ANEKDAMIANBOOKS AND ITS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID HOORAY, IF ANY, IN THE PAST SIX MONTHS FOR ITS SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT ANEKDAMIANBOOKS AND ITS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.