Share Your CUP Terms and Release

COFFEE UPLIFTS PEOPLE USER CONTENT TERMS and Release

 

By uploading your photograph on our website or by tagging us on any of our social media channels and responding #yes to our request, you agree to grant Brew 112, LLC, its parent, subsidiaries, affiliates, successors, employees, agents and assigns (collectively, “Coffee Uplifts People”) an absolute unrestricted, non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, copy, distribute, publish, copyright, broadcast, display and modify your photograph along with your name, handle and likeness (“User Content”) in any and all forms of media, including but not limited to webpages, social media platforms, third party materials,  digital and physical owned channels and mediums for all promotional, marketing, advertising, promotion and sale of Coffee Uplifts People products, and any other commercial usages without any consideration or compensation due to you. Coffee Uplifts People may use, reproduce, distribute, combine with other materials, alter and/or edit your User Content in any manner in its sole discretion, without any obligation, compensation or additional permission from you.

  

To the extent permitted by law, you agree to waive your right to be identified as the author of the User Content and your right to object to derogatory treatment of the User Content. You agree to perform all further acts reasonably necessary to perfect any of the above rights granted by you to Coffee Uplifts People, including the execution of deeds and documents, at our request.

By submitting User Content, you represent and warrant to Coffee Uplifts People that (i) you are over the age of 18, (ii) you have the requisite right to transmit, distribute, replicate and post the User Content, (iii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to the User Content provided, (iv) you hold the rights necessary to grant the licenses described herein, (v) you have obtained the consent of each person, if any, depicted in the User Content and the User Consent does not feature anyone under the age of 18, and (viii) you will comply with the Federal Trade Commission guidelines on testimonials and endorsements.  In addition, you represent and warrant to Coffee Uplifts People that the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property rights of any third party, (c) contain any libelous, defamatory, abusive, discriminatory, hateful, violent, threatening, invasive of privacy or otherwise harassing or unlawful content, (d) display material that exploits children under 18, (e) sell or promote any products or services unrelated to this Site, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages, (f) promote or solicit any business, or post any unsolicited advertising, promotional materials or any other forms of solicitations, (g) contain any addresses, email addresses, phone numbers, any contact information or other personally identifying information of third parties, (h) contain computer viruses, worms or other harmful files, or (i) contain material that could constitute or encourage conduct that would be considered a criminal offensive, give rise to civil liability or otherwise violate any city, state, national or international laws or regulations.

You agree to forever release, discharge, indemnify, defend, and hold harmless Coffee Uplifts People from and against, and covenant not to sue for, any claims, actions, losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, including but not limited to any claims for defamation or infringement of publicity, privacy or “moral” rights arising from or in connection with the distribution, display and/or use of the User Content, or arising out of or related to any breach of any of the above representations and warranties. You expressly and unconditionally release Coffee Uplifts People from any claims, damages, actions, or liabilities arising from Coffee Uplifts People use of the User Content as permitted herein.

You are solely responsible for the User Content and you hereby agree to indemnify and hold Coffee Uplifts People harmless from any and all damages, claims, expenses, losses, costs and fees arising from or in connection with a breach of any of the foregoing representations and warranties or your violation of any law or rights of a third party.  If at any time you believe that any of the representations and warranties provided above is not correct, you must notify us immediately by sending an email to infocoffeeupliftspeople.com and identifying the User Content along with a detailed explanation of the issue.

You understand and acknowledge that this release shall be governed by and interpreted under the laws of the State of California, without regard to its conflict of laws rules. The courts of Los Angeles County shall have exclusive jurisdiction over any and all claims in connection with this release.

 

COPYRIGHT AND/OR TRADEMARK INFRINGEMENT

 

If you believe any photograph, image, or other User Content posted on our website or social media channels infringes on your trademark, copyright or other intellectual property right, please send an email to infocoffeeupliftspeople.com containing the following information: (i) identity of your copyrighted work, trademark, or other right you claim has been infringed; (ii) description of the allegedly infringing material located on our website including where the alleged infringing material is located and the permalink where the material is located; (iii) your address, telephone number, and email address; (iv) your written declaration that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law; (v) your written declaration, made under penalty of perjury, that the above information provided in your notice is accurate and that you are the copyright owner or trademark owner or authorized to act on the owner's behalf; and (vi) your physical or electronic signature.

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