If you have tagged yourself in our photos you may be wondering how we use your images and what your rights are. We get really excited when we see customers wearing our clothes and we think everyone else will too so we would love to share it across our website and social. Read below if you want to understand more about how we use your images.
BY SUBMITTING YOUR PHOTO BY TAGGING US OR RESPONDING TO THE MESSAGE FROM OUR INSTAGRAM ACCOUNT WITH “#JOINBADMONDAY” YOU REPRESENT AND WARRANT THAT:
- you are an individual eighteen (18) years of age or older;
- you own all rights in and to your photos and they are not copied from any third parties;
- you have permission from any person(s) appearing in your photos to grant the rights herein;
- you waive (or if waiver is not permissible by law, will not assert) any moral rights or other rights with respect to authorship or integrity of the photos.
- Bad Monday’s use of your photos does not infringe the rights of any third party or violate any law; and
- that you have read and that you agree to the following terms and conditions:
WHAT HAPPENS IF YOU SUBMIT YOUR PHOTO OR RESPOND WITH #JOINBADMONDAY?
You then grant us permission to use your photos and videos in Bad Monday content as follows: you grant Bad Monday an unlimited, non-exclusive, assignable, sublicensable, perpetual, worldwide license to reproduce, display, perform, distribute, archive, edit, adapt, modify and otherwise use the photos you submit, post or have already posted tagging @badmondayapparel or mentioning @badmondayapparel in the comments.
This means that by submitting your photo or responding with #JOINBADMONDAY in the message Bad Monday gets an unlimited right to use the photos you submitted or tagged with the @badmondayapparel tag or comment as digital and non-digital content. The use includes for example the use of the photos on our website and on emails and internal communications, or the use on billboards, posters and for postings on Bad Monday social media accounts. We may exercise our rights anywhere in the world, and our licence is perpetual, meaning that it lasts for an indefinite period of time. However Bad Monday shall have no obligation to use your photo.
WHAT BENEFIT DO YOU GET FROM THIS
Your photos may be viewed not only by you, but also by other fans of Bad Monday brand products all around the world. You have the opportunity to excite others about Bad Monday and inspire them with your style. Bad Monday may, in its sole discretion, include your name, handle or by-line when using your photos. Our licence is non-exclusive, meaning you can still use your photos and videos for your own purposes and let others use them for their purposes too. In return you release and discharge Bad Monday from all and any obligation to pay you in connection with our use of your photos as described above and any of the intellectual property rights contained therein when you submit your photo or respond with #JOINBADMONDAY.
We respect your privacy and we value the trust you have put in us.
CAN I REVOKE MY PERMISSION?
LIMITATION OF LIABILITY
By submitting your photo or responding with #JOINBADMONDAY to our message, you agree to indemnify, defend and hold Bad Monday and any person acting on Bad Monday behalf harmless from and against any claims, damages, liabilities, costs and expenses in connection with use of the photos as described above.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv) loss of income, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to THE USE OF THE PHOTOS AS DESCRIBED ABOVE, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These terms are governed by English law and any disputes in relation to them are subject to the exclusive jurisdiction of the English courts.
Finally, thank you for tagging us!