Terms for User Contributions
By submitting your contribution (the “User Contribution”) to the Website (as defined below): (i) you hereby represent and warrant that you are the sole author of such work and the holder of rights to all subject matter protected pursuant to the U.S. Copyright Act of 1976 (the “Act”), as contained in the User Contribution; (ii) you hereby represent and warrant that no third party’s work, or other subject matter protected by copyright, were used in the User Contribution, and that when Daniella Levitt Enterprises, LLC (the “Company”) uses the User Contribution (whether on its website located at www.daniellalevitt.com (the “Website”) or as set forth below), no third party’s rights or legitimate interests shall be infringed and no party shall be defamed, and that neither the Company nor any other party shall incur any harm and/or damage; and (iii) you hereby confirm that you have obtained the consent of all parties whose image has been captured in your User Contribution to use their personal attributes free of charge and to the extent specified therein. To the extent any of the foregoing is not true, you shall indemnity, defend and hold harmless any person who suffered such harm or damage from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ fees) incurred .
By submitting your User Contribution, you further hereby grant the Company the irrevocable license, free of charge and in perpetuity, to use, reproduce, create derivative works of, distribute, excerpt, publish and display the User Contribution and all of its subject matter protected pursuant to the Act (including but not limited to your name, image and biographical data, to the extent submitted by you), on a worldwide basis in all languages, and to otherwise communicate the User Contribution to the public in all manners pursuant to §6 and §18 at seq. of the Act in any form or media now known or hereinafter developed, including communication on the Website and in other media, including, but not limited to, printed media, on-line media, streaming and digital media, television, and radio, and through copying and distribution of copies in any form, including for promotional and other similar purposes, without any time, quantity, or territorial limits. You additionally hereby provide your consent to: (i) the subsequent adaptation of the User Contribution and its integration into a book or other derivative works and/or inclusion into a cumulative or audiovisual work; and (ii) the User contribution being edited and amended, if deemed appropriate by the Company.
You acknowledge that the Company shall have no obligation to publish all or any portion of the User Contribution on the Website.
The User Contribution may not be vulgar, offending, or meaningless, and may not contain any racial, national, religious, or other expressions, of hatred or discrimination. Neither may it contain commercial communications. User Contributions must maintain the commonly accepted rules of decent behavior. User Contributions which breach the rules will be deleted without notice and without possibility of being reinstated.
The Company shall be entitled to license the User Contribution fully or partially, free of charge or for consideration to a third party (sub-license) or to assign it fully or partially, free of charge or for consideration to a third party. The benefit of these Terms for User Contributions shall extend to any and all such assignees, licensees and sub-licensees and be irrevocable. You acknowledge and agree that you are not entitled to receive any form of payment from the Company or any of its licensees, successors or assigns.
You hereby release and discharge the Company and its licensees, successors, and assigns from any and all claims, demands or causes of action that you may have by reason of the exercise of any the above rights you have granted with respect to the User Contribution, including any claims based on copyright and the rights of privacy and publicity.