DR. MARTENS USAGE RIGHTS FOR YOUR PHOTO
Why are you here?
You’re probably here because either we reached out to you about photos you posted tagging or mentioning @drmartensofficial, or because you’ve uploaded a photo using the Olapic photo uploader on our website - we love your self-expression and we think our customers will love it too!
BY SUBMITTING YOUR PHOTO VIA THE OLAPIC PHOTO UPLOADER OR RESPONDING TO THE MESSAGE FROM OUR DR. MARTENS INSTAGRAM ACCOUNT WITH “#YESDRMARTENS” YOU REPRESENT AND WARRANT THAT:
- you are an individual eighteen (18) years of age or older;
- you own all rights in and to your photos and they are not copied from any third parties;
- you have permission from any person(s) appearing in your photos to grant the rights herein;
- 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 photos;
- Dr. Martens’ use of your photos does not infringe the rights of any third party or violate any law; and
- that you have read and that you agree to the following terms and conditions:
WHAT HAPPENS IF I SUBMIT MY PHOTO OR RESPOND WITH #YESDRMARTENS?
You grant us permission to use your photos and videos in Dr. Martens content as follows: you grant Dr. Martens an unlimited, non-exclusive, assignable, sublicenseable, perpetual, worldwide license to reproduce, display, perform, distribute, archive, edit, adapt, modify and otherwise use the photos you submit, post or have already posted tagging @drmartensofficial or mentioning @drmartensofficial in the comments. The @drmartensofficial consists of the Dr. Martens brand and trademark.
This means by submitting your photo or responding with #YESDrMartens in the message Dr. Martens gets an unlimited right to use the photos you submitted or tagged with the @drmartensofficial tag or comment as digital and non-digital content. The use includes for example the use of the photos on our website and those of Dr. Martens retailers (including TMALL Dr. Martens store), in stores, event activations, on emails and internal communications, or the use on billboards, posters and for postings on Dr. Martens 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. Martens shall have no obligation to use your photo.
WHAT DO I GET OUT OF THIS?
Your photos may be viewed not only by you, but also by other fans of Dr. Martens brand products all around the world. You have the opportunity to inspire others with your own self-expression. Dr. Martens may, in its sole discretion, include your name, handle or byline when using your photos. Our licence is non-exclusive, meaning you can still use your photos and videos for your own purposes and let others use them for their purposes too. In return you release and discharge Dr. Martens from all and any obligation to pay you in connection with our use of your photos as described above and any of the intellectual property rights contained therein when you submit your photo or respond with #YESDrMartens.
CAN I BACK OUT?
LIMITATION OF LIABILITY
By submitting your photo or responding with #YESDrMartens to our message, you agree to indemnify, defend and hold Dr. Martens and any person acting on Dr. Martens’ behalf harmless from and against any claims, damages, liabilities, costs and expenses in connection with use of the photos 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, 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.
These terms are governed by English law and any disputes in relation to them are subject to the exclusive jurisdiction of the English courts.
LAST BUT NOT LEAST, THANK YOU!