Social Media Agreement

PLEASE READ CAREFULLY

Thank you for sharing with Yippee Ki Yay! Please read this agreement carefully. It contains important terms that affect your legal rights. When you submit content (including but not limited to, photos, texts, artwork, & music “content”) to the Yippee Ki Yay website (yippeekiyayboots.com) or any Yippee Ki Yay maintained social media site (A “SITE”) or use any Yippee Ki Yay branded hashtag and respond #YKYBOOTS #YIPPEEKIYAYBOOTS to Yippee Ki Yay, you agree to be bound by these terms

• You may be viewing this license agreement on a small screen. If so, here are the highlights of the License Agreement below (but please read the agreement):

• You own the Content. Nothing in this license agreement changes that.

• You are giving Yippee Ki Yay a license to use the Content on Yippee Ki Yay’s websites, apps, e-mail, and social media, including for promotional purposes.

• You are also giving Yippee Ki Yay a license to use your name and image and other biographic material in conjunction with the Content.

• You have all the rights from third parties for your Content and nothing in the Content is inappropriate or defamatory.

• You are releasing Yippee Ki Yay from any liability and you agree not to sue Yippee Ki Yay for its use of the Content as described.

This Social Media Agreement incorporates by reference Yippee Ki Yay’s Website Terms and Conditions of Use and Privacy Policy. In the event of any conflict or inconsistency between these Terms and the Website Terms and Conditions of Use or Privacy Policy, these Terms will prevail, govern and control with respect to the Content.

1. You represent and warrant that (a) you are at least 18 years old; (b) you own and control all right, title and interest in and to the Content or you otherwise have all rights, permissions and consents necessary to post and use such Content and grant the license being granted hereunder (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); and (c) Yippee Ki Yay’s use of the Content will not give rise to any claims for any payment whatsoever, including, but not limited to, claims for royalties, re-use fees or residuals. The Content also includes any profile information you allow Yippee Ki Yay to access from third party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.

2. You hereby grant to Yippee Ki Yay a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, in any and all media, now known or hereafter devised, including without limitation on Yippee Ki Yay’s website and social media accounts, on or in any online, mobile or other digital platforms owned, controlled or licensed by or on behalf of Yippee Ki Yay (including websites, apps and e-mail), for any purpose, including for advertising, marketing, promotional and publicity purposes. Without limiting the generality of the foregoing, this license includes, and you expressly consent to, Yippee Ki Yay’s right to use and publicly display your name, image, likeness and persona. Nothing in this license requires Yippee Ki Yay to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.

3. You agree that any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with Yippee Ki Yay or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at Yippee Ki Yay’s request.

4. You agree to sign and deliver documents and take any other actions reasonably requested by Yippee Ki Yay to effectuate, perfect or evidence the license and rights granted in these Terms.

5. You agree that you will not submit Content that (a) infringes the rights of any other person or entity, including without limitation any patent, trademark, trade secret, copyright, right of publicity, right of privacy or any other right of another person or entity; (b) includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (c)  displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful or depicts the a product being used in a manner that is contrary to any instruction or warnings relating to the product; (d) makes or includes statements, claims or depictions about a person, company, product or service that are false or misleading.

6. To the fullest extent allowed by law, you hereby release Yippee Ki Yay and its employees, contractors, sponsors or any other person acting under Yippee Ki Yay’s permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. Finally, you acknowledge that, with respect to any claim relating to or arising out of Yippee Ki Yay’s actual or alleged exploitation or use of any Content submitted, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production or other materials based on or allegedly based on the Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

7. These Terms, including the Yippee Ki Yay online Terms and Conditions of Use and Privacy Policy and any other policies or agreements expressly incorporated by reference therein, constitutes the entire agreement between you and Yippee Ki Yay in relation to the Content you’re licensing. If a court finds any provision of these Terms to be unreasonable or unenforceable in any respect, you agree that these Terms will nonetheless be enforced to the maximum extent to which they are found by the court to be legally enforceable.

8. These Terms will be governed by applicable federal law and the laws of the Commonwealth of California, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Yippee Ki Yay’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).