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Blog Post - Wednesday November 14, 2018

#JOEWITHAVIEW Terms & Conditions

Posted by
JOE

Thank you for reviewing JOE & THE JUICE A/S’s (“JOE & THE JUICE”) request. You have been directed to this site because we love your social media content, and therefore we are requesting your permission to feature that content on JOE & THE JUICE’s various social media platforms, our websites and within our promotional and marketing materials.

By responding that you agree or consent to our request to use your social media content, including but not limited to, photos, images, videos, comments, tweets, posts, materials or other user-generated content or information (collectively the “UGC”), you are agreeing to these Terms and Conditions (the “T&C’s”).

 

UGC LICENSE

You understand that if you agree to our request, you grant JOE & THE JUICE, all of its related companies, licensees, sublicensees, assigns, agents, successors, legal representatives and third-party providers, their respective retail partners, marketing or public relations entities and other affiliates (collectively the “Licensed Parties”) a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual, unrestricted, sublicensable license to use, reproduce, display, publish, perform, translate, transmit, broadcast, modify, adapt, alter, edit, distribute, present, commercialize, create derivative works from your UGC in any manner on media known or later developed and for any purpose without your prior approval and without compensation provided to you. Despite you agreeing to grant this license, you understand and acknowledge that Licensed Parties are under no obligation to use your UGC, and that any use shall be at Licensed Parties sole discretion. Further, Licensed Parties may remove your UGC from any of its social media platforms, websites and from any other marketing or promotional material without providing you with notice.

In exercising the rights described in these T&C’s, Licensed Parties may use, at their sole discretion, your name and any other identifying information which may include but is not limited to your social media identifier or username, your legal name, profile picture, likeness, location and/or voice in connection with Licensed Parties’ use of your UGC. While Licensed Parties will use commercially reasonable efforts to provide you with credit for your UGC, you agree that such acknowledgment is not required and your permission for Licensed Parties to use your UGC is not conditional upon such credit being given or any compensation being paid to you.

By granting your consent, you represent and warrant that: (1) you and any other person identifiable in your UGC is not a minor; (2) any person identifiable in your UGC is aware that you are giving your consent for Licensed Parties use your UGC and those persons have consented to it being used by Licensed Parties pursuant to this license; (3) you own all rights and interest in your UGC or you have obtained all necessary rights and permissions from any third party who owns or manages or has any claim in and to any or all components to UGC; (4) Licensed Parties’ use of your UGC does not infringe, misappropriate or otherwise violate, directly or indirectly, the intellectual property rights of any person or entity, any right of publicity, any right of privacy, or any other right of any third party, or any law, rule or regulation; and (5) UGC does not and will not be abusive, discriminatory, defamatory obscene, pornographic, harassing, libellous, indecent, hateful, offensive or threatening or otherwise unlawful in any way.

You also understand that by grantingLicensed Parties permission to use your UGC, you release Licensed Parties, their directors,affiliates, employees and officers that use your UGCfrom any and all claims, actions or proceedings of any kind, and from any and all damages, losses, costs and expenses, including reasonable attorney’s fees and expenses relating to or arising out of the use of your UGC as contemplated by this license.

You acknowledge that Licensed Parties are under no obligation to maintain your UGC or any information forming part of your UGC as confidential, including any personal information forming part of or accompanying your UGC, with the exception of those obligations under JOE & THE JUICE’s privacy notice located on its website (www.joejuice.com/privacy-policy-customers). To process your personal information on behalf of Licensed Parties, your personal information may be transferred to servers or third parties outside the country in which you live. In agreeing to our request, you agree that your personal information may be collected, transferred, used, disclosed or processed in such manner as described in these T&C’s and in accordance with JOE & THE JUICE’s privacy policy. If you do not agree to the collection, use or disclosure of your personal information, simply do not respond to our request. For the avoidance of doubt, you will be considered to have agreed to these T&C’s only if you respond that you consent or agree to our request.  If you have any concerns or questions regarding the collection, processing or use your personal information, please contact privacy@joejuice.com.

You acknowledge that these T&C’s may be amended at any time by JOE & THE JUICE, and that JOE & THE JUICE have no obligation to notify you of such changes. For that reason, you should review these T&C’s on a regular basis, and at the very least at each time you agree to permit JOE & THE JUICE and all other Licensed Parties to feature your UGC or any component thereof. 

 

MISCELLANEOUS

These T&C’s are personal to you and can therefore not be assigned or transferred by you to any other person or entity for any reason without JOE & THE JUICE’s prior written consent.

Unenforceability or invalidity of one or more of the rights or obligations in these T&C’sshall not have an effect on any other rights and obligations in these T&C’s. If it is possible, any unenforceable or invalid right or obligation in these T&C’sshall be modified to show the original intention.

No failure by Licensed Parties to insist upon the strict performance of any covenant, duty, agreement or condition of these T&C’s or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, obligation, agreement or condition.

These T&C’s shall be governed by and construed solely pursuant to the laws of Denmark, without giving effect to choice of law principles thereunder.