UGC Terms and Conditions
In exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I grant to Nespresso USA, Inc. and its affiliates and related companies (collectively, “Company”) the perpetual right, but not the obligation, to use the materials referenced by Company, including associated captions, hashtags, photograph(s), and/or video(s), that I have posted to the Internet, including through social media, web, digital, and/or email platforms (collectively, “Content”), along with my name, image, likeness, performance, voice, profile, handle, and/or written testimonials, if any (collectively, “Likeness”) on any or all media, including at Company stores, on the Company website, in syndicated advertisements, and on third-party retail websites in connection with any of Company’s business, advertising, or marketing activities. I have permission from all individuals (or, if individual is a minor in his/her state of residence, permission from such minor’s parent/legal guardian) appearing in the Content to use their Likeness(es) (or to use minor’s Likeness) in the Content and to grant the rights set forth herein. If requested, I will provide such permissions in a form acceptable to Company.
I waive any present or future claim against Nespresso USA, Inc. and its affiliates and related companies, their successors and assigns, and the respective partners, officers, directors, shareholders, agents, representatives, independent contractors, servants, and employees of each of them, based on any right of privacy, right of publicity, or claim of copyright or other intellectual property infringement arising from Company’s use of the Content. I represent and warrant that I am the creator and owner of the Content and that to the extent the Content includes a testimonial about Company products or services, that these statements reflect my honest opinions, findings, beliefs, and/or experience for which I have not been compensated or promised any benefit in return. I shall immediately advise Company in writing if any such testimonial is no longer full, truthful, and accurate. I authorize Company to make any reasonable alterations (such as adapting, modifying, deleting, incorporating, editing, cropping, shrinking, expanding, etc.) to the Content to make it suitable for Company’s use without any notice to or approval by me. I acknowledge and agree that the Content may be used to create derivative works. I understand that Company cannot control use of the Content by other parties once it has been distributed or published. I further understand that Company intends to distribute the Content throughout the United States and that the Content will be accessible worldwide. I understand that Company intends to use the Content for commercial purposes and may profit from such use. However, I affirm that I was not offered or promised consideration (such as compensation) in exchange for my willingness to create or post the Content and do not expect any such compensation.
I attest that I am at least the minimum age of majority in my state of residence. I agree to be bound by the laws of the state of New York, without regard to its conflicts of laws principles. Any and all disputes arising out of or relating to this release shall be heard in the proper venue situated in the state of New York. These Terms and Conditions are a legally binding agreement and will be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. Everything contained in these Terms and Conditions is and shall be binding on me, my agents, heirs, successors, assigns and representatives. I affirm that I have been provided the opportunity to seek the advice of a lawyer regarding the legal consequences of these Terms and Conditions.
