UGC Terms & Conditions
By providing authorization to MtoM Consulting, LLC (“MtoM”) via replying “yes” via social media in response to MtoM’s request to repost or reuse your User Generated Content (such as, but not limited to, text, photography, audiovisual work, illustration and graphic design, hereafter referred to as “the UGC”), and in consideration for the opportunity to have the UGC considered by MtoM for such reposting or reusing, you agree to the following:
1) You represent and warrant that:
a) You are a legal adult eighteen (18) years of age or older and a legal resident of the United States of America (i.e., its fifty states and the District of Columbia).
b) If children are depicted in the UGC, you are the parent/guardian with legal responsibility of any minors depicted in the UGC.
c) The UGC is original to you, and you are the sole owner, creator, inventor and/or author of the UGC.
d) The use of the UGC by any of the Licensees (as defined below), in accordance with these terms and conditions, will not libel or defame any person nor infringe the rights of any third parties (including copyright, trademark, right of privacy, and right of publicity), and you have all rights and permissions necessary for the Licensees’ use of the UGC.
2) You hereby grant to MtoM and its affiliates, parents, subsidiaries, clients, and each of their respective officers, directors, employees, agents and legal representatives, and those acting with authority or permission from any of them (collectively, “Licensees”), an irrevocable, royalty-free, sub-licensable, transferable, worldwide right and license to use, publish, display, edit, modify, embed, link to, and/or distribute in perpetuity the UGC, in whole or in part, as well as to use your name, voice, image, likeness, biographical information or any other identifiable representation or personal indicia of you (collectively, “Likeness”) in connection with a Licensee’s use of the UGC. The UGC may appear in any form, style, color or medium whatsoever now existing or developed in the future (including, without limitation, photographs, videotapes, films, sound recordings, software, drawings, print publications, broadcast, Internet and electronic media, and social media) and for any purpose, including, but not limited to, illustration, promotion, marketing, art, education, advertising, and trade.
3) You understand and agree that you will not receive any monetary compensation for use of the UGC and/or your Likeness as provided herein.
4) These terms and conditions set forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersede all other oral or written representations and understandings. This Agreement shall be governed by the laws of the Commonwealth of Virginia without regard to the principles of conflicts of laws and may not be amended, modified or waived except in a written document signed by you and MtoM. You acknowledge that any and all controversies arising out of or in any way relating to this Agreement or the UGC shall be settled by final and binding arbitration which will take place in Arlington County, Virginia, pursuant to the rules then obtaining of the American Arbitration Association. The award of the arbitrator shall be enforceable according to the applicable laws of the Commonwealth of Virginia.