User-Generated Content License Agreement
General Provisions
This User-Generated Content License Agreement (“Agreement”) is between the National Stuttering Association (hereby referred to as NSA) (“NSA”, “the NSA”, “we”, “our”, or “us”) and you or the organization you represent (“you”, “your” or “USER”).
These terms and conditions apply to our use of any words, pictures, images, data, video, information, or other ‘user-generated content’ (the “User Generated Content” or “UGC”) that you upload, post, or share via NSA’s website, mobile apps, social media pages, or other related services (the “Services”), or via third-party websites and platforms including but not limited to Instagram, Facebook, Pinterest, YouTube, Snapchat, and Twitter (the “Third Party Platforms”), and which we use on our website, platforms, apps, or other marketing channels, or in any NSA-owned social media platforms (“NSA Media”).
NSA seeks permission from users of Services and Third Party Platforms to feature our favorite UGC on Third Party Platforms or NSA Media. You are reading this because the NSA has requested your permission to use your UGC. It is not necessary to purchase anything from NSA to contribute your UGC to NSA Media.
By providing your consent in the ways described in this Agreement, you agree to be bound by this Agreement, NSA’s Privacy Policy, and the terms of use of any relevant Third Party Platform (if applicable). If you do not agree to these terms, do not provide your consent. If you are executing this Agreement on behalf of an organization, you represent that you have the authority to do so.
Providing Consent for Use of Your UGC
We will contact you on the relevant Third Party Platform, our NSA platform, or another platform providing Services to ask for your explicit consent to use your UGC. You can provide explicit consent through any form of words or symbols (e.g., “yes”, “OK”, “Agree”, or similar words in any language, including emoji) that confirms your agreement to allow us to use your UGC in NSA Media. You must respond directly to us within the same chat, thread, or by private message to release the agreed UGC to us. If we do not receive your response within 7 days, we will assume that you do not consent to our use of your UGC.
Terms and Conditions of the License
3.1. Licensed Parties
Users retain ownership of their UGC. However, by providing consent, you grant a non-exclusive, worldwide license to NSA and its affiliates, agents, licensees, sublicensees, contractors, successors, and assigns (the “Licensed Parties”).
3.2. License of UGC
Upon consent, you irrevocably grant the Licensed Parties a non-exclusive, assignable, sublicensable, worldwide, perpetual, royalty-free license to use your UGC, including your social profile information, in any manner or medium now or hereafter known, including the Internet, in advertising, and promotion of NSA and its products and services. The Licensed Parties can create unlimited derivative works and assign or transfer these rights without obligation to you.
3.3. License of Name and Likeness
You grant the Licensed Parties the right to use your name, voice, likeness, image, photograph, biographical material, logos, marks, trade names, or other information provided or obtained in connection with the UGC for advertising and promoting NSA.
3.4. No Fees or Obligations to Return
You agree that no money will be owed to any party for the use of your UGC and that the Licensed Parties are not responsible for the return or preservation of your UGC.
3.5. NSA’s Lack of Obligations
NSA reserves the right to edit, remove, delete, or otherwise erase your UGC at any time without notice for any reason.
3.6. Intellectual Property
You agree that all goodwill from the use of NSA’s trademarks inures exclusively to NSA. You do not acquire any ownership or rights in NSA’s property, information, or materials by authorizing the use of your UGC.
3.7. Non-Confidentiality of UGC
Your UGC will be treated as non-confidential, and the Licensed Parties have no obligation to maintain its confidentiality.
Representations, Warranties, and Indemnity
4.1. Read and Agree
By providing consent, you represent and warrant that you have read and agree to comply with all terms and conditions of this Agreement.
4.2. Age of Majority and Authority
You represent that you are at least the age of majority in your country of residence and have the right to execute this Agreement.
4.3. No Prohibited UGC Content
Your UGC must not contain prohibited content, including false information, infringements of third-party rights, illegal content, defamatory material, advertising, impersonation, personal information, malware, or unauthorized individuals’ data.
4.4. Name and Likeness of Others
You represent that you have obtained all necessary permissions for the use of personal data, Name, and Likeness of any individuals in the UGC.
4.5. Original Work
You represent that your UGC is wholly original, does not infringe on any rights, and is not subject to litigation or disputes.
4.6. Indemnity
You agree to indemnify, hold harmless, and defend the Licensed Parties from any claim or liability related to this Agreement, your use of the Services, the Licensed Parties’ use of your UGC, or any breach of your representations or warranties.
4.7. Liability
NSA accepts no liability for any damage, loss, or injury resulting from this Agreement.
Miscellaneous
5.1. Terms of Service and Privacy Policy
By using the Services, you acknowledge and accept NSA’s Privacy Policy.
5.2. Right to Modify
NSA reserves the right to modify this Agreement at any time. Your continued use of the Services constitutes your acceptance of the updated Agreement.
5.3. Notice
Send any notice related to this Agreement to NSA at info@westutter.org.
5.4. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the United States of America.