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Exclusive Content License & Submission Policy

FCH Enterprises, Inc., its affiliates and subsidiaries (“Zippy’s”, “A Catered Experience”, “ACE”, “Napoleon’s Bakery” or “we”, “our” or “us”) operates the FCH Enterprises platform, including our websites, social media pages and apps (the foregoing shall hereinafter be collectively referred to as the “Platform”).

This Exclusive Content License & Submission Policy (“Agreement”) describes the agreement between you and us with respect to any content or materials, including photos, videos and written pieces (collectively, “Your Content”), added, submitted, distributed, or posted to the Platform by any means including, without limitation, via upload, e-mail, DM and/or posted comment, and governs your rights, licenses, obligations and restrictions regarding submission of Your Content to the Platform.

EXCLUSIVE LICENSE GRANT

By submitting or posting Your Content to us or our Platform in any manner, and in consideration for the opportunity to have Your Content distributed on our Platform, you automatically grant us and our contributors, or warrant that the owner of such content has expressly granted us, the perpetual, irrevocable, sublicensable and transferable, exclusive right and license to use, copy, reproduce, publish, distribute, license to others, perform, enforce, edit, modify, prepare derivative works of, and otherwise exploit Your Content, and any clips, images, or portions thereof, in any and all media, formats and channels, including on our Platform, and in merchandise related thereto.

For the sake of clarity, the rights granted with respect to Your Content will include, without limitation, the exclusive right to (1) post Your Content on our Platform, (2) use Your Content (or clips thereof) in advertising/ promotional material, (3) license Your Content to third parties for their use in exchange for payment, (4) pursue advertising, brand integration, endorsement and sponsorship opportunities with respect to Your Content; (5) pursue and receive fees and damages for past, present and future infringements of intellectual property rights in and to Your Content, and (6) incorporate Your Content, or images therefrom, in merchandise to be sold through the Platform or otherwise (e.g., apparel).

The rights granted by you to us are exclusive which means that after entering this license, you will have no right to grant rights in Your Content to any third party and no right to continue to distribute Your Content through your own digital or online channels (including your own social media accounts), unless we otherwise agree.

To the extent any of Your Content you submit includes name, image, voice, or performance of you or anyone else, you acknowledge and agree that licenses herein shall apply to the same. Except where prohibited by applicable law, by submitting Your Content through the Platform, you are waiving and agreeing not to assert any of the following potential claims based upon our use of Your Content as described herein: (i) copyright infringement; (ii) violation of your rights of publicity; (iii) defamation, and/or (iv) “moral” rights or claims resulting from our alteration of Your Content.

Subject to these grants, you retain any and all rights which may exist in Your Content. We do not guarantee that any of Your Content will be exploited through the Platform. We reserve the right to, but do not have any obligation to, remove, edit, modify or otherwise manipulate Your Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content or if we are concerned that Your Content may violate this Agreement).

PROHIBITED CONTENT

You are prohibited from submitting or posting to the Platform any content that:

  1. Was taken from a third party, or includes a third party’s trademarks, content or material, without permission, or otherwise infringes upon a third party’s intellectual property rights of any kind.
  2. You have previously sold to or exclusively licensed to another party.
  3. Is defamatory, slanderous or libelous.
  4. Depicts or encourages criminal or tortious activity, including fraud, trafficking in obscene or illegal material, drug dealing or using, underage drinking, gambling, violence, harassment, or stalking.
  5. Includes the name, image, voice or performance of any person who has not provided his or her consent to the foregoing being used for the purposes hereunder.
  6. Depicts or encourages dangerous activities.
  7. Is abusive, threatening, or obscene.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that Your Content will not violate any of the prohibitions described above. Without limiting the foregoing, you further represent and warrant that:

  1. You did not, without necessary permission, copy, rip, download, or otherwise take Your Content from any third party.
  2. You have not previously granted, nor will you in the future grant, any rights to Your Content to any third party.
  3. You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to include and use Your Content in the manner contemplated by this Agreement and that Your Content will not violate or infringe upon the intellectual property rights, the rights of privacy or publicity, or any other rights of any third party.
  4. You have the express consent of every party prominently featured in Your Content to license Your Content to us for the uses contemplated under this Agreement.

Please contact us at [email protected] with any questions regarding this Agreement.