User Generated Content License

Version: 1.0
Published: 01/29/22

We (all of us here at Ergify) absolutely love to see our followers uploading User Generated Content of Ergify products & brand representation on digital channels through methods such as stories, posts, photos, videos, comments, tweets, pictures, artwork, images, materials or other user-generated content. By uploading this User Generated Content and tagging @ergify, tagging @shop_ergify, using hashtag #ergify or hashtag #ergifyyourlife, you are giving Ergify (hereafter referred to as “Ergify”, “we”, “us”, “our”), a trademark of Via Seating, and all of our affiliated accounts a non-exclusive license to use the User Generated Content as described below in these Ergify User Generated Content License Terms.

Further, by uploading the User Generated Content you are affirming all of the following conditions are met:

You are at least 18 years of age;
If applicable, anyone else appearing within your User Generated Content is at least 18 years of age;
You alone created or own the rights to the User Generated Content;
No one else has any rights or ownership to the User Generated Content;
And no one can claim the User Generated Content infringes on the rights of others.

This is a Non-exclusive License

By meeting the above outlined conditions, you are giving Ergify a non-exclusive license to use the User Generated Content. This cannot be revoked by you except where permitted by law. Please note, you will continue to own the User Generated Content.

By giving Ergify this non-exclusive license, you agree Ergify has the right to use the User Generated Content and any additional information you are providing to us when posting your User Generated Content. Additional information included with your User Generated Content may include your real name, your nickname, your username or handle, your caption, your location information & any other personal identification information.

The User Generated Content may be used in the following methods:

For Ergify advertising and promotional purposes;
In any form, such as an internet post, social media content, in reproduction, in video, in email, in publication, and in distribution;
By itself or in conjunction with other content such as captions, films, sketches, art work, textural matter, materials written by us or others or other photographs;
Either through our own services or services provided by third parties;
And throughout the world in perpetuity in any medium now known or later developed, both without restriction or limitation.

You understand you will not have the right to approve how we use your User Generated Content.

You also understand by granting us permission to use your User Generated Content, you release Ergify, Via Seating, their employees and officers and any third party services using your User Generated Content from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, costs and expenses, including reasonable attorney’s fees and expenses relating to or arising out of the use of your User Generated Content as contemplated by this non-exclusive license.

User Generated Content Standards

These content standards apply to any and all User Generated Content. User Generated Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Generated Content must not:

Contain any material which 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;
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with our Terms of Use and our Privacy Policy;
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 or living entity;
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 the User Generated Content emanates from or is endorsed by Ergify without express permission from an authorized Ergify representative.

Royalty Free

In addition, while Ergify will make reasonable efforts to give you credit for your User Generated Content, if we use it, you agree:

Such credit is not mandatory;
Your permission for us to use your User Generated Content is not contingent upon credit being given;
Your permission for us to use your User Generated Content is not contingent upon fees being paid to you.
You understand our non-exclusive license to your User Generated Content is fully paid and royalty free.
We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning our license lasts for an indefinite period of time.

Ergify may exercise our rights to the User Generated Content anywhere in the world for an indefinite period of time.

Personal data

If the User Generated Content is containing images of you, images of other people and/or personal data, it is important you have read and understand our Privacy Policy. The legal basis for us to keep your personal data is these Ergify User Generated Content License Terms.

However, for us it is important you want us to use images of you or other people in the User Generated Content. Therefore, you can at any time request for Ergify to remove the User Generated Content which includes images of you or other people by contacting us here. Please note, you must include a link to the User Generated Content you wish to have removed. Ergify will use reasonable efforts to remove the User Generated Content wherever possible and within a reasonable timeframe.

Governing law and venue

This User Generated Content License shall be governed and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions and any dispute related to the Services, shall be settled before the United States courts in the State of Nevada in Washoe County, unless any applicable mandatory rules provide for a different forum.