These User-Generated Content Terms and Conditions (“UGC Terms“) contain the terms which govern and control when you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other media (“User-Generated Content“) on or to any websites, social media or other online properties that ActiveCampaign, LLC (“ActiveCampaign“, “we,” “us” and “our“) owns, operates or sponsors (“Promotional Channels“).
In consideration for ActiveCampaign’s use and/or distribution of your User-Generated Content, you acknowledge and agree that once ActiveCampaign uses or distributes any of the User-Generated Content via the Promotional Channels, you will be bound by these UGC Terms. By agreeing to these UGC Terms, you are providing ActiveCampaign with your permission to use and distribute your User-Generated Content in accordance with these UGC Terms. If you are entering into these UGC Terms on behalf of an organization, you represent that you have the authority to do so.
ActiveCampaign reserves the right to modify these UGC Terms without advance notice by posting a revised version of these UGC Terms, which modifications will be effective immediately. Accordingly, you should review the UGC Terms on a regular and frequent basis.
Your Representations
When you transmit, upload, post, e-mail or otherwise make available User-Generated Content on or to the Promotional Channels, you are entirely responsible for such User-Generated Content.
You represent and warrant that (i) you are not a minor or you are the parent or guardian of all minors depicted in your User-Generated Content (if any); (ii) you own all rights in and to your User-Generated Content, or have obtained appropriate rights and permissions from any and all third parties who own, manage or otherwise claim any rights with respect to such User-Generated Content, such that you have all necessary licenses, rights, consents and permissions to publish the User-Generated Content and to grant the rights granted herein, including permission from all persons appearing or performing in your User-Generated Content; (iii) ActiveCampaign’s use and distribution of your User-Generated Content as described herein will not violate the rights of any third party, or any law, rule or regulation, including but not limited to consumer protection, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights and laws; and (iv) the User-Generated Content is not confidential, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive, or otherwise unlawful.
You hereby release, discharge and agree to hold us, and any third party acting on our behalf, harmless from any liability related in any way to the use or distribution of your User-Generated Content. If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have granted to ActiveCampaign under these UGC Terms.
Your Grant to ActiveCampaign
You hereby grant to ActiveCampaign, without any compensation, a non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully-paid, transferable, sublicensable right and license to use, publish, broadcast, transmit, distribute and re-post your User-Generated Content, which includes your name, social media username, voice, image, likeness or other identifying information, in any manner, and for any purpose (commercial, advertising or otherwise), to be determined in ActiveCampaign’s sole discretion, including but not limited to on the Promotional Channels, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known.
ActiveCampaign may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, modify and/or edit your User-Generated Content in any manner in our sole discretion, with no obligation to you whatsoever. No use or distribution of the User-Generated Content needs be submitted to you for any approval for use or distribution by ActiveCampaign.
Notwithstanding the above, ActiveCampaign will have no obligation to make any use of any of the rights granted by you. ActiveCampaign may choose to use, use and stop using, reuse or not use your User-Generated Content at any time. ActiveCampaign’s use or distribution of your User-Generated Content does not imply any endorsement of or any affiliation with you. You hereby waive any right to inspect or approve any use or distribution of the User-Generated Content by ActiveCampaign as permitted hereunder.
Miscellaneous
These UGC Terms are governed by the laws of the State of Illinois, excluding its conflicts of law rules. You hereby consent to personal jurisdiction and venue in the state and federal courts located in Cook County, Illinois.
The failure of ActiveCampaign to exercise or enforce any right or provision of these UGC Terms shall not constitute a waiver of such right or provision.
If any provision of these UGC Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these UGC Terms, which shall remain in full force and effect.
