The #ApexEverything Photo Submission And Use Forms
All social media users who use #ApexEverything and agree to the associated form and compensation for their picture grant Blipshift the right to fair use of each agreed upon picture in any and all promotional material including but not limited to e-mail notifications in the blipshift daily email, as well as sharing on blipshift social channels.
1. We agree that this is, uh, an agreement
This is the agreement between you and Wuzzy Wheels Inc, dba blipshift ("blipshift"). By uploading Your Picture ("photo"), you are affirming that you understand and agree to the following terms and conditions, which serve as a contract between you and blipshift.
2. We agree to keep agreeing
The term of this agreement starts on the date that you agree to the associated Terms and Conditions and continues until either you or blipshift terminates this Agreement in writing. You may revoke your license in writing at any time subject to this limitation: You may not revoke your license for 60 days from the date of Agreement.
3. Your work is your own
You MAY NOT submit a Picture that contains ideas or material that you do not have the legal right to use, including other people's pictures. You agree to bear full liability should you submit a Picture that is not yours, including financial responsibility for any costs incurred including protecting blipshift as a result of your actions. These may also include printing fees, blipshift’s legal fees, advertising costs, etc. All rights and title to Your Picture not expressly granted to blipshift hereunder are reserved by you, the Picture Submitter.
4. Your Picture is fresh
When you submit a Picture to blipshift we require that Your Picture not be in use on any other apparel websites and not currently being sold anywhere else on apparel.
5. You want us to use it
Once you agree to blipshift's use of Your Picture, you grant blipshift world-wide rights to use the design for marketing and promotional purposes (e.g., to display, reproduce, exhibit, broadcast, transmit, distribute through any electronic means or other means, and electronically or otherwise publish by any and all means and media, including the right to use any part of Your Picture in the promotion, advertising or marketing of the blipshift websites) in perpetuity.
6. We’ll pay you in shirt
In the event that Your Picture is chosen to be potentially included on blipshift social media, Your Picture will be included on "blipshift" social media posts, including but not limited to email, Facebook, Twitter, and Instagram posts. Blipshift reserves the right to remove Your Picture, without your prior consent or knowledge, if blipshift is notified that Your Picture infringes on a third party’s copyright.
7. If we have to change it
If blipshift reaches out to you and you agree to the use of your photo via disclosure of your email, you will be sent an equivalent discount to a free Fitted-style tee ($15 value) however, the discount can be applied to any order.
We may have to make changes to Your Picture as part of the creative process with our internal artists and or design team in order to develop a compelling picture to post on social media and include in daily email. Blipshift maintains the rights to modify, adapt, change or otherwise alter Your Picture as deemed necessary for production or stylistic consistency.
8. You are legit
You represent and warrant that:
- You have the full right and power to enter into and perform this Agreement and to grant blipshift all rights to use Your Picture as contemplated in this Agreement.
- You have obtained all necessary third-party consents, rights, licenses and permissions, if any, required to enter into and perform this Agreement and to grant blipshift the rights to use Your Picture set out in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used in Your Picture).
- Your Picture (and blipshift's use of it under this Agreement) does not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party.
- All information that you have provided or will provide to blipshift is true and complete.
- Your Picture does not and will not violate any law, statute, ordinance or regulation.
- If you or any member of your group is a minor, your hereby warrants that you have the legal right to execute this Agreement on behalf of the minor submitter and guarantee such person's performance of the terms of this Agreement. These warranties shall survive any termination of this Agreement.
9. We’re not perfect
You acknowledge and agree that the operation of the blipshift website(s) may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and blipshift will not be responsible to you or others for any interruptions, errors or problems or even for an outright discontinuance of the blipshift service. There are no assurances whatsoever that Your Picture or element of Your Picture will actually be used on the blipshift website or social media platform. Blipshift has the right, in blipshift's sole and absolute discretion, to remove from the blipshift website(s) at any time Your Picture. The blipshift website may be discontinued at any time, with or without reason and all Your Pictures sent to blipshift or Representative may be removed and unavailable for recovery by any means.
10. You won’t sue us
You agree to defend, indemnify, reimburse and hold blipshift and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:
- Your use of the blipshift website(s);
- any breach or alleged breach of your representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions of this Agreement;
- Your violation or alleged or threatened violation of any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of Your Picture to blipshift as provided in this Agreement.
11. We agree that this is the agreement we agreed to
This Agreement sets forth the entire understanding and agreement of Submitter and blipshift as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter.
12. We’re fickle
Blipshift reserves the right to amend the terms of this Agreement from time to time in its sole discretion. Blipshift will notify Submitter of any material changes to this Agreement by sending an email to the address listed in Submitter's account. If Submitter does not accept the new terms of the Agreement, Submitter's only and exclusive remedy will be to terminate this Agreement. Otherwise, this Agreement may be changed only by a writing signed by both parties that specifically refers to the parties' intent to amend this Agreement.