User Generated Content Release
I recognize that this release (“Release”) serves as a notification that the content I posted (the “Post”) has been noticed by United Parcel Service, Inc. (“UPS”).
I understand that UPS is requesting to use my Post for its promotion, advertising, and publicity purposes, including but not limited to displaying the Post on its websites, social media accounts and/or other mediums.
I understand that I can reply to UPS’s request to use the Post with “#YesUPS” (or any other applicable and/or prescribed hashtag or response) (“Agreeing”). By Agreeing, I hereby state and acknowledge that I understand and agree to be legally bound by all of the terms and conditions contained in this Release.
I hereby grant to UPS and its parent and affiliate entities (“Released Parties”) a royalty-free, unrestricted, worldwide, irrevocable, non-exclusive and assignable license (with the right to sublicense) to use, reproduce, modify, store, adapt, publish, create derivative works from, distribute and/or display the Post, including the right to incorporate my name, biographical information, social media account name, likeness, statements, photograph and content included with the Post (collectively the “Image”), in perpetuity for promotion, advertising, publicity, editorial and/or all other purposes, at any time, in all media now known or hereafter discovered.
I understand and acknowledge that I may only submit this Release if I am at least eighteen (18) years of age. By submitting this Release, I certify that I am at least eighteen (18) years of age.
I represent and warrant that the Post is my original work and that no other party has any rights thereto, or that I have the necessary licenses, rights, consents and permissions (including consents from any person or persons depicted in the Post) to use the Post and to grant the Released Parties the right to utilize the Post in accordance with the terms herein.
I waive any right I may have to inspect or approve the Image or any use thereof by the Released Parties. I expressly disclaim all rights to all benefits the Released Parties may gain through the use of the Image. I acknowledge that I have not been promised any compensation by the Released Parties, and any use of the Image is without payment to me of any kind whatsoever. I hereby waive any and all moral rights in the Image (to the extent any moral rights exist in such Image). I acknowledge that the Released Parties are in no way obligated to use the Post, and that such use is at their exclusive discretion.
I irrevocably and unconditionally release and discharge the Released Parties from any and all claims or causes of action of any nature, including any claims based on rights of publicity or privacy, relating to or arising from the Image or any use of the Image as provided in this Release. I agree to defend, indemnify and hold the Released Parties and their directors, officers, employees and agents harmless from and against any and all damages, claims, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, arising from their use of the Post or from my violation of this Release. The Released Parties may, but are not obligated to, assume the exclusive defense and control of any matter otherwise subject to indemnification by me, and in such case, I agree to fully cooperate with any such defense.
The provisions of this Release shall be governed by and constructed in accordance with the laws of the State of Georgia, excluding its conflict of laws principles. In the event of any dispute relating to this Release, I explicitly consent to the jurisdiction of the federal or state courts of Georgia. If any of the provisions of this Release are determined to be invalid or unenforceable for any reason, I agree that the remaining provisions of this Release shall be unaffected and remain in full force and effect to the fullest extent permitted by law.