User Generated Content Terms of Use

Kawaii Merchandise reaches out to social media users (“You”) to seek their permission to feature our favorite content on our website, social channels, and in various promotional materials. You are reading this because Kawaii Merchandise has requested your permission to use your social media content (“User Content”) in this way. If You choose to allow us to use your User Content by responding with the hashtag #KawaiiMerchandisePhoto You agree to these terms (“Terms of Use”).

Knowing that Kawaii Merchandise has and will expend substantial expense and time in reliance upon the license and release You provide in these Terms of Use, You irrevocably grant to Kawaii Merchandise, and its owners, affiliates, licensees, employees, agents and assigns (collectively, the “Company”) the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic or video images which You have photographed or recorded, and any other User Content included with such photographs or video recordings which You make or provide to Kawaii Merchandise, intact or in part, composite or distorted in character or form, without restriction as to changes or transformations, or reproductions thereof in color or otherwise, made through any and all media now or hereafter known for videos, promotion, advertising, trade or any other purpose whatsoever, whether on-line on our websites, social media, or off-line. You grant the Company the right to use your username, real name, image, likeness, descriptions of You, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content. The User Content that You submit is deemed non-confidential and the Company has no obligation to maintain the confidentiality of any information contained therein.

You hereby agree and represent and warrant that (i) You are solely responsible for your User Content, (ii) You own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) the Company’s use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (iv) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby relinquish any right that You may have to examine or approve any final images or the User Content that You provide to Company, whether, photographic, video or through any other means, or the media that may be used in conjunction therewith or the use to which it may be applied. You will not make, and hereby release the Company from, any claim or liability arising from any blurring, distortion, alteration, or use in composite form, whether intentional or otherwise, that may occur or be produced in the alteration of said images or in any subsequent processing or manipulation thereof, as well as any publication thereof, whether on-line or offline, or any similar claim, including without limitation any claim for copyright, trademark, or other intellectual property infringement. You also permit the use of any printed material in connection therewith. You hereby release, discharge and agree to hold the Company, and any person acting on their behalf, harmless from any liability related in any way to the Company’s use of your User Content.

These Terms of Use are personal to You and may not be assigned or transferred by You for any reason whatsoever without Company’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

You waive any and all rights to receive any royalty, commission and/or incentive associated with the publication of the photographs, video, and any User Content You have provided to Company, whether, wherever and whenever the Company elects to use the same in accordance with these Terms of Use.

You agree that if Company does not exercise or enforce any legal right which is contained in these Terms of Use (or which Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company’s rights and that those rights will still be available to Company. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

You hereby affirm that You are over the age of 18 and have the right to contract in your own name. You have read the above and You fully understand it contents. You have had an opportunity to consult an attorney or other advisor in regard to the above, and to the extent You have not done so that has been done willingly.

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