Newell Home Fragrance Brands, including its parent company Newell Brands Inc. and its affiliates and subsidiaries (collectively “Yankee Candle”), is interested in the content recently published by You through one or more third-party sites or platforms, and would like to request Your permission to share Your content. Please review these Terms to determine whether You wish to grant Yankee Candle the rights and permissions set forth herein.
As used herein, the term “Content” shall refer to any picture, graphic, drawing, image, illustrations, text, video recordings, sound recordings, or other material You have posted online or through social media platforms.
Yankee Candle does not claim ownership rights in Your Content. However, by agreeing to these Terms, You hereby grant to Yankee Candle as licensee, and its parent, affiliates, subsidiaries, successors and assigns, an irrevocable, paid up, non-exclusive, world-wide, sub-licensable, transferable and royalty-free license to use the Content for the purpose of marketing, distributing and selling products or services, or for other promotional or informational purposes, including but not limited to use in social media, website, and email, for a perpetual term. You understand that Yankee Candle may edit the Content for marketing purposes with Your written approval.
By agreeing to these Terms, You hereby warrant and represent that: (a) You are the sole owner of the Content, including but not limited to, all copyright rights therein; (b) You have the authority to agree to these Terms and provide the rights granted hereby; (c) You and any persons appearing in the Content are U.S. residents; (d) You and any persons appearing in the content are at least 18 years of age or the age of majority and you have obtained any necessary releases from any person(s) appearing in the Content or, if such persons are minors, You have obtained the authorization and release from a parent or legal guardian of any such person(s) under the age of 18 who appear in the Content or You are the parent or legal guardian of any such persons and by agreeing to these Terms You are providing the necessary permission to feature such persons in the Content; (e) this License does not infringe any third party’s rights; (f) there are no pending or threatened lawsuits concerning any aspect of the Content; and (g) You have obtained any necessary releases from the owner of any property in the Content and the consent or permission of no other party is required in connection with the use of the Content.
You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the Content that You may have under any applicable law under any legal theory. You hereby waive, discharge, and agree to hold Yankee Candle harmless for any and all claims against Yankee Candle for payment, or claims relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity, or any other claim arising out of the use of the Content.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. Any dispute or claim relating in any way to these to these Terms will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Acceptance. By replying #YesYC, You unconditionally accept these Terms and these Terms shall constitute the entire understanding of the parties with respect to the subject matter therein. This License may not be amended or rescinded except by a writing signed by the parties, and removing Your consent from the platform on which it was originally provided shall not serve to void, terminate, or alter these Terms or the enforcement thereof. This License shall be binding upon and inure to the benefit of the parties and their respective successors and heirs. IF YOU DO NOT OWN OR HAVE AUTHORIZATION TO GRANT THE RIGHTS AND PERMISSIONS DESCRIBED HEREIN AND/OR DO NOT WANT TO GRANT YANKEE CANDLE SUCH RIGHTS, DO NOT ACCEPT THESE TERMS.
Procedure for Copyright Infringement Claims. Notification must be submitted to the following Designated Agent: General Counsel
Service Provider(s): Newell Brands Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: General Counsel
Full Address of Designated Agent to Which Notification Should Be Sent: 6655 Peachtree Dunwoody Road, Atlanta, GA 30328
Telephone Number of Designated Agent: (770) 407-3800
Facsimile Number of Designated Agent: (770) 407-3987
E-mail Address of Designated Agent: [email protected]
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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