Exclusive Content License & Submission Policy

 

www.fort-nash.com (“Site”)

 

Fort Nash Group LLC (“Fort Nash” or “we”, “our” or “us”) operates the Fort Nash platform, including our Site, websites, social media pages and apps (collectively referred to as the “Platform”). By using the Platform, you indicate that you have read understand and agree to this Exclusive Content License & Submission Policy (“Agreement”) and agree that this Agreement governs any content or materials, including photos, videos and written pieces (collectively, “Your Content”), added, submitted, distributed, or posted to the Platform by or on behalf of you in any manner or by any means including, without limitation, via upload, e-mail, DM and/or posted comment (collectively, “post or submit”), and governs your rights, licenses, obligations and restrictions regarding the posting or submitting of Your Content to the Platform.

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EXCLUSIVE LICENSE GRANT

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 For good and valuable consideration, including the opportunity to post or submit Your Content on our Platform, the receipt and sufficiency of which you acknowledge, you enter into this Agreement and 

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(1) grant us, or warrant that the owner of such content has expressly granted us, the perpetual, irrevocable, sublicensable and transferable, exclusive right and license to use, copy, reproduce, publish, distribute, license to others, perform, enforce, edit, modify, prepare derivative works of, and otherwise exploit Your Content, and any clips, images, or portions thereof, in any and all media, formats and channels, including on our Platform, and in merchandise related thereto.

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(2) understand and agree that the rights granted with respect to Your Content include, without limitation, the exclusive right to (i) post Your Content on our Platform, (ii) use Your Content (or clips thereof) in advertising/ promotional material, (iii) license Your Content to third parties for their use in exchange for payment, (iv) pursue advertising, brand integration, endorsement and sponsorship opportunities with respect to Your Content; (v) pursue and receive fees and damages for past, present and future infringements of intellectual property rights in and to Your Content, and (vi) incorporate Your Content, or images therefrom, in merchandise to be sold through the Platform or otherwise (e.g., apparel); 

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(3) understand and agree  that the rights granted by you to us are exclusive which means that after entering this Agreement and license granted hereunder, you will have no right to grant rights in Your Content to any third party and no right to continue to distribute Your Content through your own digital or online channels (including your own social media accounts), unless we otherwise agree; and

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(4) understand and agree that (i) to the extent any of Your Content you post or submit includes name, image, voice, or performance of you or anyone else, the  licenses herein shall apply to the same, and (ii) except to the extent prohibited by applicable law, you waive and agree not to assert any of the following potential claims based upon our use of Your Content as described herein: (a) copyright infringement; (b) violation of your rights of publicity; (c) defamation, and/or (d) “moral” rights or claims resulting from our alteration of Your Content.

Subject to these grants and this Agreement, you retain any and all rights which may exist in Your Content.

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We do not guarantee that any of Your Content will be exploited through the Platform. We reserve the right to, but do not have any obligation to, exploit, remove, edit, modify or otherwise manipulate Your Content in our sole discretion, at any time, without notice to you and for any reason.

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PROHIBITED CONTENT

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You are prohibited from posting or submitting to the Platform any content that:

1. Was taken from a third party, or includes a third party’s trademarks, content or material, without permission, or otherwise infringes upon a third party’s intellectual property rights of any kind.

2. You have previously sold to or exclusively licensed to another party.

3. Is defamatory, slanderous or libelous.

4. Depicts or encourages unlawful, criminal or tortious activity, including fraud, trafficking in obscene or illegal material, drug dealing or using, underage drinking, gambling, violence, harassment, or stalking.

5. Includes the name, image, voice or performance of any person who has not provided his or her consent to the foregoing being used for the purposes hereunder.

6. Depicts or encourages dangerous activities.

7. Is abusive, threatening, or obscene.

 

REPRESENTATIONS AND WARRANTIES

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You represent and warrant that Your Content have not and will not violate any of the prohibitions described above.

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Without limiting the foregoing, you further represent and warrant that:

1. You did not, without necessary permission, copy, rip, download, or otherwise take Your Content from any third party.

2. You have not previously granted, nor will you in the future grant, any rights to Your Content to any third party.

3. You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to include and use Your Content in the manner contemplated by this Agreement and that Your Content will not violate or infringe upon the intellectual property rights, the rights of privacy or publicity, or any other rights of any third party.

4. You have the express consent of every party prominently featured in Your Content to license Your Content to us for the uses contemplated under this Agreement.

 

 

INCORPORATION OF TERMS OF USE

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This Agreement supplements our Terms of Use, the provisions of which are hereby incorporated by this reference and constitute the remainder of the terms governing the submission of Your Content. By posting or submitting Your Content, you are representing that you have read and agree to both agreements.

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Please contact us at [support@fort-nash.com] with any questions regarding this Agreement.