User Content Terms
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 firstname.lastname@example.org 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.