😴 🛌 Save $75 OFF Any Size Mattress | Click Here for Details 👈

HYBRID MATTRESS. 100 NIGHT TRIAL. FREE SHIPPING.

User Generated Content – Terms of Use

This Agility Bed, Inc. (referred to herein as the “Company,” “we,” “us,” or “our”) user generated content terms of use (the “UGC Terms”), describe the terms you agree to when the Company decides to use content that you have uploaded onto third party platforms and websites such as Twitter, Facebook, Instagram and other social media platform (“User Generated Content”). By tagging AgilityBed on a third party social media platform, replying to any AgilityBed content or using the hashtag #AgilityBed, you consent, acknowledge and agree to these UGC Terms and the Company’s use of any personal data associated with your User Generated Content on these UGC Terms and the terms of our Privacy Policy.

 

  1. Licenses. You expressly grant the Company a non-exclusive, perpetual, worldwide, complete, irrevocable, royalty free, sublicensable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, distribute, transmit, broadcast, and otherwise communicate, and publicly display your User Generated Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party, as determined by the Company, in its sole discretion, including, but not limited to, the Company’s website, social media channels and advertisements.  You grant the Company all licenses, consents and clearances to enable the Company to use your User Generated Content for such purposes.  You waive, and agree not to assert any moral or similar rights you may have in such Content.

 

  1. Your User Generated Content. You represent and warrant that (i) you are at least eighteen (18) years old, (ii) you own or control all rights to your User Generated Content and you have the right to grant the license granted above to the Company, (iii) your User Generated Content will comply with these UGC Terms and the Company’s Terms of Use, (iv) if minors are depicted in your User Generated Content, you are a parent or guardian with legal responsibility for such minors depicted in your User Generated Content, (v) your User Generated Content and the Company’s use of your User Generated Content will not infringe on any rights of any third parties including but not limited to copyright, trademarks, patents or other intellectual property rights, privacy, publicity or any other third party rights and (vi) you have the right to use the likeness of any third parties depicted in your User Generated Content. You further acknowledge and agree that the Company shall have right to use your name, username, social media handle, username, image, likeness, location, or any other personal information in connection with your User Generated Content.

 

  1. Indemnification and Limitation of Liability. You acknowledge that the Company is not responsible nor has any liability for any use of all or any portion of your User Generated Content. Upon a request by us, you agree to defend, indemnify and hold us and our affiliates harmless from any and all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from your breach of these UGC Terms.

 

IN NO EVENT SHALL WE OR OUR AFFILIAITES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, PROFIT, SAVINGS OR BUSINESS), ARISING OUT OF OR RESULTING FROM THESE UGC TERMS, WHATEVER THE BASIS OF THE CLAIM OR ACTION (SUCH AS BREACH OF WARRANTY, CONDITION, CONTRACT, INFRINGEMENT AND TORT, INCLUDING STRICT LIABILITY AND NEGLIGENCE, OR OTHER LEGAL THEORY) EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE.

 

  1. Governing Law. These UGC Terms shall be governed the statutes and laws of the State of New Jersey, without regard to any choice of law or conflict of law provisions or rule that would cause the application of the laws of any jurisdiction other than the State of New Jersey. You and the Company each agree and hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the County of Mercer, State of New Jersey, USA, with respect to such matters.

 

  1. Complete Agreement; Severability. These UGC Terms constitute the complete and exclusive agreement between us and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.  If any one or more of the provisions contained in these UGC Terms shall for any reason be found to be invalid, illegal or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law.

AGILITY BED, INC. © Copyright 2017. All Rights Reserved

0

Your Cart