Last updated: August 10, 2018
For good and valuable consideration, Obey Giant Art, Inc. (“Licensee”) and Content Creator (“Creator”) agree as follows:
Proprietary Rights
Creator, upon acceptance of this agreement, hereby grants Licensee a worldwide, non-exclusive, irrevocable, royalty-free license to reproduce, distribute, and display the materials contained in the requested work (“Post”) on Licensee’s social media accounts. Creator retains all ownership of the Post.
Promotional Use
Furthermore, Creator grants to Licensee the right to use Creator’s user name, profile image, pseudonym and/or image in connection with authorized uses of the Post.
Credit, Attribution and Linking
Licensee may give Creator credit in connection with the use of the Post by identifying Creator in conjunction with the content of the Post as displayed. Licensee may also provide a link to the Post, to the extent available, on the source network (e.g. Instagram, Facebook, Twitter).
Term
The term of this Agreement shall commence upon the date of acceptance by Creator and shall continue until terminated by Licensee. Written requests for termination by Creator may be submitted to legal@obeygiant.com.
Warranties and Representations
Creator warrants and represents that the Posts are Creator’s original works, and do not now and will not violate any existing intellectual property rights, including, without limitation, copyright or trademark or any contractual rights, and that they contain no matter which, if published, will be fraudulent, harassing, libelous, obscene, or a violation of any rights of publicity or privacy, or any law or regulation. Creator will fully cooperate with Licensee in responding to and defending against any third party claims related to the Post.
Indemnity
Each Party hereto shall indemnify, defend, and hold harmless the other Party, its officers, directors, employees and agents from and against any and all damages, claims or causes of action, including reasonable attorneys’ fees and costs, to the extent that it is based upon a claim that, if true, would constitute a breach of any of the indemnifying Party’s representations, warranties, or agreements herein.
Arbitration
CREATOR AGREES THAT DISPUTES BETWEEN CREATOR AND LICENSEE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND CREATOR WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASSWIDE ARBITRATION.
Entire Agreement
These Terms and Conditions contain the entire agreement between Creator and Licensee concerning the Post and supersede all prior or contemporaneous communications or agreements, written or verbal, between the parties. No modifications of these terms or waiver of these terms will be binding unless approved in writing by the parties.
Contact Us
For questions relating to these Terms and Conditions, please contact legal@obeygiant.com.