WHAT IS THIS ABOUT?
Your Instagram photo got our attention - and we want to share your style with the world! Therefore we plan to use the photos you posted on Instagram with the arewa fashion-related hashtag and make it visible to all of our customers, too. (“arewa fashion” is the arewa fashion AG and its affiliates.)
BY RESPONDING TO THE MESSAGE FROM OUR AREWA FASHION INSTAGRAM ACCOUNT WITH “#YESAF” YOU REPRESENT AND WARRANT THAT:
WHAT HAPPENS IF I RESPOND WITH #YESAF?
You grant us rights to present your Instagram photos in arewa fashion content, or more precisely: you grant arewa fashion an unlimited, non-exclusive, assignable, sublicenseable, perpetual, worldwide right of utilization of the photos you post or have already posted on Instagram with an arewa fashion-related hashtag. An “arewa fashion-related hashtag” is a hashtag that consists of an arewa fashion brand, trademark or the name of an arewa fashion product or campaign.
This means by responding with #YESAF in the Instagram message arewa fashion gets an unlimited right to use the photos with the relevant hashtag as digital and non-digital content. The utilization includes for example the use of the photos in the arewa fashion online shop, arewa fashion stores, arewa fashion newsletters, arewa fashion mobile apps, postings on arewa fashion social media accounts, arewa fashion internal communication, or the use on billboards, posters, as well as in stations and event driven campaigns. However arewa fashion shall have no obligation to use your photo.
WHAT’S IN IT FOR ME?
Your photos will not only be visible to visitors of your Instagram feed but to other fans of arewa fashion store and site. You have the opportunity to inspire others with your styling ideas. In return you release and discharge arewa fashion from all and any obligation to pay you for any use of your photos and any of the intellectual property rights contained therein in connection with the uses described above when you respond with #YESAF.
WHAT IF I CHANGE MY MIND AFTER A WHILE?
You can always revoke the granting of rights to arewa fashion by deleting the arewa fashion-related hashtag, the photo itself or by just sending us an email to firstname.lastname@example.org. Additionally for photos used in the arewa fashion web shop it is possible to click on the “report a photo” icon and promptly request the removal.
WHY DO I HAVE TO GIVE AREWA FASHION REPRESENTATIONS AND WARRANTIES?
Because we want to make sure that no rights are infringed with the use of your photos. Therefore by responding with #YESAF you represent and warrant that (i) you own all rights in and to your photos, (ii) you have permission from any person(s) appearing in your photos to grant the rights herein, and (iii) arewa fashion’ use of your Instagram photos does not infringe the rights of any third party or violate any law. Moreover you indemnify, defend and hold arewa fashion and any person acting on arewa fashion’ behalf harmless from and against any claims, damages, liabilities, costs and in connection with use of the photos as described above.
WHY IS THERE A LIMITATION OF LIABILITY?
By responding with #YESAF to arewa fashion’ message on Instagram, a legally binding license agreement between you and arewa fashion is concluded and we want to minimize the legal risks for arewa fashion with the following limitation of liability: 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, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to THE USE OF THE PHOTOS 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.