These Terms of Use for #iamcabi User Generated Content (“UGC Terms of Use”) describe the terms and conditions under which cabi, LLC., may use the content created and publicly shared by you, as more specifically identified and described in the message cabi sent you via the social media platform on which such content appears. Such content shall be referred to herein as the “User Generated Content.”
IMPORTANT NOTICE — THIS IS A BINDING CONTRACT
BY UPLOADING YOUR PHOTO AT http://cabionline.com/iamcabi, YOU (“YOU”/”YOUR”) ARE ENTERING INTO AN AGREEMENT WITH CABI, LLC AND AGREE TO BE BOUND BY THESE UGC TERMS OF USE, WITHOUT LIMITATION OR QUALIFICATION. CABI, LLC RESERVES THE RIGHT TO MODIFY THESE UGC TERMS OF USE BY POSTING NEW VERSIONS THEREOF, AS WELL AS THE RIGHT TO PROVIDE ADDITIONAL NOTICE OF MATERIAL CHANGES, WHICH MODIFICATIONS AND CHANGES WILL BE EFFECTIVE IMMEDIATELY.
LICENSE
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, You hereby irrevocably grant to cabi, LLC, as well as its respective licensees, successors and assigns (herein collectively called the “Licensed Parties”), the worldwide, fully-paid, royalty-free, sub-licensable right during the “License Term” (as defined below) to use, publish, broadcast, post online, and copyright (i) Your name, voice, picture, portrait and likeness ( “Name and/or Likeness”) as such Name and/or Likeness appears in or in connection with the User Generated Content and (ii) the User Generated Content in and in connection with advertising, marketing and promoting cabi, LLC, its products and services, or its sponsored events, in whole or in part, by any and all means, media, devices, processes and technology now or hereafter known or devised throughout the universe. You understand and acknowledge that cabi, LLC may modify the User Generated Content for formatting, navigational, integration or other purposes, but such modifications will not materially distort such User Generated Content.
No advertisement, promotional media, or other material in any media containing Your Name and/or Likeness related to the User Generated Content need be submitted to You for any further approval for use by the Licensed Parties, and the Licensed Parties shall be without liability to You for any distortion or illusionary effect resulting from the publication of Your Name and/or Likeness.
Notwithstanding the above, the Licensed Parties will have no obligation to make any use of any of the rights granted by You. Cabi, LLC’s use of the User Generated Content or Your Name and/or Likeness does not imply any endorsement of or any affiliation with You.
YOUR REPRESENTATIONS OF OWNERSHIP
You acknowledge and agree that:
- You are at least 13 years old;
- You have the full right, power and authority to grant the rights described in these UGC Terms of Use;
- The User Generated Content was created by you or you own or control all rights in such User Generated Content, such that you have all necessary licenses, rights, consents and permissions to publish the User Generated Content and to grant the rights granted herein, including permission from all person(s) appearing in your User Generated Content;
- The exercise by cabi, LLC of its rights under these UGC Terms of Use will not violate the rights of any third party or any applicable laws, rules or regulations, including, without limitation, consumer protection, privacy, copyright, trademark and trade laws;
- The User Generated Content does not contain any worms, viruses or other code deemed harmful to cabi or cabi’s users; and
- The User Generated Content is not, in cabi’s reasonable discretion, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CABI, LLC, ANY THIRD PARTY SUBLICENSEE OF CABI, LLC, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM THESE UGC TERMS OF USE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.
INDEMNITY & RELEASE
You agree to defend, indemnify and hold the Licensed Parties and their respective officers, directors, employees, agents, representatives, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind, and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable legal fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of the User Generated Content, your breach or alleged breach of these Terms and Conditions, including any of your warranties, representations or agreements hereunder, your violation of any laws, or your violation of any rights of another person or entity.
MISCELLANEOUS
These UGC Terms of Use are governed by the laws of the State of California excluding its conflicts of law rules. You hereby consent to personal jurisdiction and venue in the state and federal courts located in Los Angeles, California.
In the event that any provision of these Terms and Conditions shall be held to be unenforceable in any jurisdiction, such event shall not affect the remaining provisions.
Nothing contained herein shall deem or construe you and cabi, LLC to be partners, joint ventures, principal-agent or employer-employee, and no party shall have any authority to obligate or bind the other whatsoever.
These Terms and Conditions represent the entire agreement between you and cabi, LLC with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written. No modifications, amendments or waivers will be effective unless in writing and signed by both you and cabi, LLC.
If you are a rights holder and you have found Use of the material for which you have not given permission, or are not covered by a limitation or exception in national law, please contact us by writing to address: [social@cabiexperience.com] and cabi, LLC will endeavor to respond. Please include your contact details and a direct link to the material(s) which you believe to infringe upon your rights.