Content Terms

 

User Content Terms

 

WHAT YOU NEED TO CONSIDER BEFORE YOU AGREE TO LICENSE TERMS: 

You have to be the owner of all the rights with regard to the Content. So only give us your consent if you have taken the picture yourself or have the permission of the copyright owner to allow Us the use according to the following License Terms. 

You need the permission of all the people appearing in the Content and have their explicit consent to have their image and/or name used by Us. In the event, that any people pictured or mentioned are minors, you must obtain the express permission of their parents or guardian to have their image and/or name used by Us. So before obtaining their permission make sure to inform them about these License Terms. 

Make sure that the Content does not violate any law or other regulation and is not inappropriate, sexually explicit, harassing, abusive, harmful, violent, or otherwise objectionable or offensive in any way.

IF YOU CAN’T GRANT ALL OF THESE TOPICS AND/OR YOU DISAGREE WITH THE FOLLOWING LICENSE TERMS, DON’T REPLY TO OUR USAGE REQUEST.

 

License Terms

 

1. Definitions

When it is referred to “Us” or “Our” or “We” in these License Terms it means Do or Die Inc., HYPERFLY, 8390 Miramar Place, Bldg D, San Diego California, 92121 United States

When We refer to “Content” in these License Terms We mean your photo/image, including but not limited to your Instagram handle and any caption or comment in connection with the photo/image that we asked you to use.

2. Granting of rights

By responding with @hyperfly or #yeshyperfly on Our usage request or by otherwise agreeing to Our use of the Content as may be available (e.g. by direct message), you grant Us the free of charge, non- exclusive, worldwide, irrevocable, unlimited in time right to use the Content for any non-commercial and commercial purposes, including but not limited to point-of-sale-advertisement, trade fairs, exhibitions, sales events, festivals, competitions, sports events or in connection with any other advertising or promotional purposes, as We see fit.  

The right to use shall include the right to:

  • Store, (re)publish, broadcast and distribute the Content, intact or in parts, in any printed or electronic form and media, including on the internet, e.g. on websites, in social networks, social media channels , as well as in applications or other services including those provided for mobile devices. 
  • Reproduce, process, copy, change, transform, adapt, combine and modify the Content, intact or in parts, including its digital processing; 
  • Grant sublicenses to our affiliated entities within HYPERFLY and to have service providers commissioned by Us conduct tasks related to aforesaid means of use. 

We reserve the right to use, not use, or discontinue using any Content in our sole discretion at any time.

3. Representations, Liability, Warranty

You hereby represent and warrant that you are of legal age and that you have all necessary right and title, and particularly have obtained all necessary consent as described above, to grant the above rights to Us without violating any rights of third parties and in compliance with applicable laws. 

You hereby represent and warrant that the Content is free of any virus, worm, corrupt file or other forms of malicious code or content that may cause harm to a website or electronic device. 

You agree to indemnify, defend and hold Us harmless from any claim or cause of actions related to your violation of any of these terms, including but not limited to any claims arising out of an alleged violation of any third party rights. 

You will inform Us without undue delay in case you get aware of any third party asserting any claim, actions or similar demand against you or Us as a result of Our use of the Content.

4. You disagree with Our use of your Content? 

If you disagree with Our use of the Content or in case you think We use the Content without your consent or in violation of your rights, please contact Us under contact@hyperfly.com so We can solve the issue.

5. Data Protection

When you agree to the License Terms and the Content provided by you contains personal data (e.g. image, name etc. of you and/or other natural person, We and, if applicable, our affiliated entities of HYPERFLY may process this personal data accordingly when exercising the right of use granted to the Content as described in section 2 of the License Terms (Legal base: Art. 6 (1) 1 b) GDPR). 

6. Applicable Law

The laws of the United States of America shall apply. Statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the country in which you as a consumer have your habitual residence, remain unaffected by the aforesaid.