Molke's usage rights for your photos or videos
WHY ARE YOU HERE?
You’re probably here because you posted up an awesome video or photo in your Molke products and tagged one of our official social media accounts or used one of our hashtags such as #MolkeFlash
We loved your post and we would love to share it!
Official social media accounts:
BY RESPONDING TO THE MESSAGE FROM ANY OF OUR OFFICIAL MOLKE SOCIAL MEDIA ACCOUNTS WITH “#YESMOLKE” YOU REPRESENT AND WARRANT THAT:
- you are an individual aged eighteen (18) years of age or older;
- you own all rights to your photo or video and it is not copied from any third party;
- you have permission from any person(s) appearing in your photo or video to grant the rights set out in these terms and conditions;
- you waive (or if waiver is not permissible by law, will not assert) any moral rights or other rights with respect to authorship or integrity of the photo or video;
- Molke’s use of your photo or video does not infringe the rights of any third party or violate any law; and
- you have read and you agree to the following terms and conditions.
WHAT HAPPENS IF I RESPOND WITH #YESMOLKE?
You grant us permission to use your photo or video in Molke’s content as follows: you grant Molke an unlimited, non-exclusive, assignable, perpetual, licence to reproduce, display, perform, distribute, archive, edit and otherwise use the photo or video you post or have already posted tagging one of our official social media accounts or mentioning one of our official social media accounts in the comments, or using hashtag #MolkeFlash.
This means by responding with #YESMOLKE to our message Molke gets an unlimited right to use the photo or video as digital and non-digital content. Our permitted use includes for example the use of the photo or video on our website on marketing emails and internal communications, and on public billboards, posters and for postings on Molke’s social media accounts. We may exercise our rights anywhere in the world, and our licence is perpetual, meaning that it lasts for an indefinite period of time. However, Molke shall have no obligation to use your photo or video.
WHAT DO I GET OUT OF THIS?
Your photo or video may be viewed not only by you, but also by other fans of Molke all around the world. You will be helping us to represent and celebrate a range of wonderful bodies and promote our ethics and values. Molke may, in its sole discretion, include your name, handle or byline when using your photo or video. Our licence is non-exclusive, meaning you can still use your photo or video for your own purposes and let others use it for their purposes too. In return you will receive a £30 Molke gift voucher to use on our website (www.molke.co.uk) with a 12 month validity period. To enable us to send this to you, you will receive a message from our official social media account requesting an email address to send it to. This is a one off payment and removes Molke from all and any obligation to pay further in connection with our use of your photo or video as described above and any of the intellectual property rights contained therein when you respond to one of our official accounts with #YESMOLKE
We respect your privacy and we value the trust you have put in us.
We are committed to keeping your personal information safe. We've got physical, technical and administrative measures in place to prevent unauthorised access or use of your information.
CAN I CHANGE MY MIND?
INDEMNITY AND LIMITATION OF LIABILITY
By responding with #YESMOLKE to our message, you agree to indemnify, defend and hold Molke and any person acting on Molke’s behalf harmless from and against any claims, damages, liabilities, costs and expenses in connection with our use of your photo or video as described above.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv) loss of income or anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to THE USE OF YOUR PHOTO OR VIDEO AS DESCRIBED ABOVE, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These terms are governed by Scots law and any disputes in relation to them are subject to the exclusive jurisdiction of the Scottish courts.
Last but not least - thank you for helping us spread the Molke joy!