Shirt Off My Back Terms and Conditions
OUTERKNOWN USAGE RIGHTS FOR YOUR PHOTO OR VIDEO
BY SUBMITTING YOUR PHOTO OR VIDEO VIA THE OUTERKNOWN.COM WEBSITE YOU REPRESENT AND WARRANT THAT:
1. you are an individual aged eighteen (18) years of age or older;
2. you own all rights in and to your photo or video and it is not copied from any third party;
3. you have permission from any person(s) appearing in your photo or video to grant the rights set out in these terms and conditions;
4. 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;
5. Outerknowns’ use of your photo or video does not infringe the rights of any third party or violate any law; and
6. you have read and you agree to the following terms and conditions.
WHAT HAPPENS IF I SUBMIT MY PHOTO OR VIDEO?
You grant us permission to use your photo or video in Outerknown content as follows: you grant Outerknown an unlimited, non-exclusive, assignable, sublicenseable, perpetual, worldwide licence to reproduce, display, perform, distribute, archive, edit, adapt, modify and otherwise use the photo or video you submit, upload, post or have already posted tagging one of our official social @outerknown or mentioning one of our official social @mentions in the comments, or using any of the above stated hashtags. The official social @mentions consist of the Outerknown brand and trade mark.
This means by submitting your photo or video Outerknown 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 and those of Outerknown retailers, in Outerknown stores, event activations, on marketing emails and internal communications, and on public billboards, posters and for postings on Outerknown global 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, Dr. Outerknown 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 the Outerknown brand products all around the world. Outerknown 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 release and discharge Outerknown from all and any obligation to pay you in connection with our use of your photo or video as described above and any of the intellectual property rights contained therein when you submit your photo or video on our website.
CAN I BACK OUT?
INDEMNITY AND LIMITATION OF LIABILITY
By submitting your photo or video, you agree to indemnify, defend and hold Outerknown and any person acting on Outerknowns’ 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 California law and any disputes in relation to them are subject to the exclusive jurisdiction of the California courts.