CARD MY YARD USER GENERATED CONTENT TERMS OF USE

Last Revised: August 22nd, 2024

Agreement to Use Your Content:

You grant CMY Franchising, LLC, DBA Card My Yard, its affiliates, and agents (collectively, "Company") a non-exclusive, perpetual, irrevocable, royalty-free, fully sub-licensable, and transferable worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your submitted photos, videos, and other materials (“UGC”) in any media now known or hereafter developed. This includes use on our website, social media platforms, marketing materials, and other promotional initiatives.

Rights and Permissions:

You confirm that you own all rights to the UGC or have obtained the necessary permissions from any third parties featured in your UGC. You agree that Company may use your name, likeness, and other identifying information in connection with your UGC. You waive any right to inspect or approve the finished product where your UGC appears.

Representations and Warranties

By submitting your UGC, you represent and warrant that:

  • You are the sole creator and owner of the UGC, or you have obtained all necessary rights, licenses, consents, and permissions to submit the UGC and to grant the rights described herein to Company, including permission from any individuals appearing in the UGC.
  • The UGC does not infringe upon, misappropriate, or violate any intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party. This includes, but is not limited to, copyrights, trademarks, patents, and moral rights.
  • You have obtained written permission from any person or entity that owns any rights to any content featured in your UGC, including locations, buildings, artwork, logos, and any other protected elements, and you can provide such permissions to the Company upon request.
  • The UGC complies with all applicable laws, regulations, and rules, including but not limited to, those governing content, intellectual property, and data protection.
  • Any statements or testimonials contained in your UGC are true and accurate, reflect your honest opinions, and are not misleading or deceptive. The UGC is original, has not been altered to misrepresent or fabricate facts, and does not contain any false or defamatory statements.
  • The UGC does not contain any material that is offensive, unlawful, defamatory, obscene, harassing, hateful, or otherwise objectionable. It does not include any content that could harm the reputation or goodwill of the Company or any other entity.
  • You are at least 18 years old, or the age of majority in your jurisdiction, and have the full legal capacity to agree to these UGC Terms.

Acknowledgment and Release:

You acknowledge that your UGC may be made publicly available and that Company has no obligation to keep it confidential. You agree to release and hold harmless Company from any claims related to the use of your UGC, including claims for infringement, defamation, or violation of privacy rights.

Changes to These Terms:

Company may update these UGC Terms at any time without prior notice. Please review these terms regularly to stay informed of any changes.

Governing Law:

These UGC Terms are governed by the laws of Utah, and any disputes will be resolved in the courts of Utah.