*excludes Alaska & Hawaii
Terms & Conditions
All material and audiovisual works provided to Freshpark, Inc. (“Freshpark”) or given access to, shall be referred to as “User Submissions.”
You shall be solely responsible for your own User Submissions and the consequences of submitting them. In connection with User Submissions and all material used, contained, displayed, featured, incorporated by Freshpark as set forth herein, you represent, and warrant that: (i) you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all intellectual property rights necessary for Freshpark to use and publish your User Submissions and for you to license your User Submissions to Freshpark; (ii) you have secured all rights, licenses, and permissions to use and to license to Freshpark, any and all works and/or material owned by any third party, used or appearing in or in connection with your User Submissions; (iii) you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all rights relating to the name(s), image(s), likeness(es), rights of privacy, and rights of publicity (whether common law or statutory) of any person appearing in any User Submission (collectively, “Personal Rights”), to use and publish your User Submissions and to license your User Submissions to Freshpark, and further that any such person is at least 18 years old or the age of majority in the jurisdiction in which that person resides (whichever is greater) or, if that person is younger than the greater of 18 years or the age of majority, you have received such permission from that person’s parent or legal guardian; and (iv) your User Submission does not infringe and will not infringe on the copyright, trademark, trade secret, rights of privacy or publicity, or other intellectual property or personal rights of any person or entity. In addition, your User Submission may not contain content that is unlawful, harmful, abusive, or harassing, constitutes inherently dangerous activities, or threatens your safety or the safety of any other person.
You understand that whether or not such User Submissions are published, Freshpark does not guarantee, and disclaims, any confidentiality with respect to any User Submissions.
By submitting User Submissions to Freshpark, you hereby agree as follows: (i) you grant to Freshpark, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a worldwide, non-exclusive, royalty-free license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, display, edit, resize, replace audio, telecast, rerun, syndicate, perform, compile with other third party content, and otherwise exploit the User Submissions, in any media formats now known or hereafter devised and through any media channels, in whole or in part, in connection with the service, product and channel currently known as Freshpark, and all channels and subchannels, programs, websites, social media accounts, platforms and sub-platforms, apps (native or otherwise), properties, formats, products, or services now or hereafter owned, operated, or offered by Freshpark or its parents, subsidiaries, affiliates or licensees; any commercial or non-commercial purposes; and in any other manner relating to Freshpark's businesses, including without limitation, for advertising, marketing, promoting, and of redistribution all or a portion thereof (collectively, the “Channels”); (ii) you grant each licensee of Freshpark a non-exclusive license to view your User Submissions through the Channels, and to use, copy, reproduce, distribute, display and perform such User Submissions as permitted through these Terms and any license entered with said licensees; (iii) you grant Freshpark, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a worldwide, non-exclusive and royalty-free license the right to use the name, website, social media channel or other identifiable information that you submit in connection with such User Submissions. You understand and agree, however, that Freshpark may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted. The above licenses granted by you terminate within a reasonable time after your User Submissions is removed or deleted by Freshpark, if so removed or deleted; (iv) You grant Freshpark the right to edit and/or modify any User Submissions. Freshpark each reserves the right to not use the User Submissions at all and/or to use as much or as little of the User Submissions as deemed appropriate; (v) You grant Freshpark the right to place any advertising or promotions on the Channels or on, about, around, incorporated into, or in conjunction with your User Submission(s). The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you; (vi) you will not submit any User Submission that is subject to a third party’s copyright, protected by third party’s trade secret or otherwise subject to third party proprietary rights, including intellectual property rights and Personal Rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material and to grant Freshpark all of the licenses granted herein; (vii) you authorize and license to Freshpark to use all intellectual property rights and Personal Rights in and to any and all User Submissions to enable publication and use of the User Submissions in the manner contemplated by yourself and Freshpark, in accordance with these Terms and Conditions; and (viii) you waive any and all rights to claims you may have based upon or relating to any use of your User Submissions or the works derived therefrom including but not limited to claims for infringement, invasion, misappropriation, or violation of any intellectual property rights or Personal Rights, and you will neither sue nor bring any claims or proceedings against Freshpark, its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors based upon or relating to its use of the User Submission(s).
The Content is, and will remain exclusively owned by you, and all right, title, and interest in and to the Content is owned and reserved by you; and Freshpark will not take any action inconsistent with, or which may adversely affect your ownership of the Content.
Freshpark reserves the right to delete any User Submissions for any or no reason, and without prior notice. Freshpark does not permit copyright-infringing activities on its Service, and will remove any User Submission if notified that such User Submission infringes on another’s copyright. Freshpark each reserve the right to remove User Submissions without notice. Deleted User Submissions may be stored by Freshpark in order to comply with certain legal obligations and are not retrievable without a valid court order. Consequently, Freshpark encourages you to maintain your own backup of your User Submissions.
Freshpark does not endorse any User Submission or any opinions, actions, recommendations, or advice expressed therein, whether direct or implied, and Freshpark expressly disclaims any and all liability in connection with such User Submissions.