Content Usage Terms
Last modified: August 03, 2018
By submitting content to us or by giving us permission to use your content on our application and/or website:
- You represent and warrant that you are at least 18 years old.
- You grant to Buck Design, LLC and its affiliates ("Buck") and its sublicensees a nonexclusive, royalty-free, perpetual, revocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your content throughout the world in any media. You also grant to Buck and its sublicensees the right to use the name and social media user profile associated with your content. For purposes of this agreement, "content" means photographs, text, graphics, moving images, sound, illustrations or any other materials, including any associated metadata or location information made available by or through the social media platforms from which we access your content.
- You represent and warrant that you own or otherwise control all of the rights to your content; that the content is accurate; that use of the content you supply will not cause injury to any person or entity; and that you will indemnify Buck for all claims resulting from content you supply. Buck takes no responsibility and assumes no liability for any content you supply.
- You understand that you will not be paid for Buck's use of your content.
- Buck respects the intellectual property of others. If you want Buck to stop using your content, please submit a request to email@example.com and we will stop using your content within 30 days. If you believe that your content has been copied in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512):
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the written communication to our copyright agent by e-mail AND by U.S. Mail to:
2630 Lacy St
Los Angeles CA 90031
Attn: Compliance Manager
Email Subject: “DMCA Request”
Any dispute or claim relating in any way to your content 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 this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at 2630 Lacy St, Los Angeles CA 90031. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. 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.