By sharing photos, videos, files, music, sounds, messages or other content, information or materials (“User Content”) on third party platforms and websites such as Instagram, Twitter, Facebook, and/or our third party photo sharing software provider with a hashtag designated by KellyToy (“Squishmallows”) inclusive of but not limited to: #SquishmallowsSquad, #ShareMySquad, #Squishmallows, tagging @Squishmallows in your post, or directly uploading User Content to KellyToy affiliated websites (each a “Website”), collectively referred to as the “Submissions”, you are agreeing to the following: All Submissions must comply with the Content Standards set out in these User Generated Content Terms and Conditions. Any Submissions will be considered non-confidential and non-proprietary. By providing any Submissions, you grant KellyToy and its affiliates and service providers, and each of their respective licensees, successors, and assigns a perpetual, fully-paid, royalty free, worldwide, irrevocable right and license to use, reproduce, modify, create derivative works of, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that:
- You are at least eighteen (18) years old.
- You own or control all rights in and to your User Content and have the right to grant the license granted above to KellyToy and its affiliates and service providers, and each of their respective licensees, successors, and assigns.
- If children are depicted in your Submissions, you are the parent or guardian with legal responsibility of any minors depicted therein.
- You have the right to use the likeness of any person depicted in your Submissions.
- You understand, acknowledge and agree that you are responsible for any User Content you submit or contribute, and you, not KellyToy, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
KellyToy is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user.These content standards (the “Content Standards”) apply to any and all Submissions. Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Submissions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.