Woosh Beauty User-Generated Content Terms of Use

Woosh Beauty, LLC (“Woosh”) reaches out to social media users to seek their permission to feature favorite content on Woosh’s websites, social channels, and various promotional materials, both printed and electronic. You are reading this because Woosh has requested your permission to use your social media content in this way.

If you choose to allow us to use your social media content (“User Content”) by replying with the hashtag #WooshContent, you are agreeing to these terms of use (“Terms of Use”). User Content includes, but is not limited to, photographs, text, graphics, moving images, audio, video, illustrations, comments, posts, location information, associated metadata, and any and all personal or biographical information which is shared on any third party social media platform or otherwise publicly available including, but not limited to, your real name, likeness, voice, username, caption, location information, or any other personally identifiable information.

Woosh reserves the right to alter these Terms of Use without advance notice by posting or sharing a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission to feature your User Content. You hereby grant to Woosh and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use, modify, adapt, publish, translate, reproduce, distribute, transmit, perform, display, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages, social media pages and channels, for marketing, promotion, advertising and any other legal purpose in any media now known or hereafter devised, including all forms digital and print media. You will have no right to approve how the Licensed Parties will use your User Content. While the Licensed Parties will make commercially reasonable efforts to give you credit for your User Content, you agree such credit is not mandatory and your permission is not contingent upon such credit being given. Nothing in these Terms of Use requires the Licensed Parties to use or publish your User Content in any specific way or use it at all. You acknowledge and agree that you will not acquire any ownership or other rights in any Woosh content or properties as a result of your agreement to these Terms of Use. These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Woosh’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect. You hereby agree that the User Content that is the subject of these Terms of Use is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of the information. You hereby represent and warrant that:

1. you are at least 18 years old;
2. you own and control all rights, title and interest in and to the User Content or that you otherwise have all rights, permissions and consents necessary to post and use such User Content (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the User Content);
3. you have all rights necessary to enter into these Terms of Use;
4. you have complied with all applicable laws and regulations and no third parties were harmed or rights were violated during creation of the User Content or the acquisition or production of the User Content;
5. you understand you will not be paid for the Licensed Parties use of your Content as described in this Agreement;
6. the User Content does not infringe any rights, including intellectual property rights, of another;
7. any statements, remarks or claims contained or depicted in your User Content will reflect your honest views and experiences; and
8. the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby release, discharge and agree to hold harmless the Licensed Parties, their affiliates, employees, officers, agents, directors and contractors from any and all claims, actions, or proceedings of any kind, and from any and all damages, losses, costs, and expenses, relating to or arising out of the Licensed Parties’ use of your User Content.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

Last updated: May 26, 2020