We at Happiest Baby, Inc. (“Happiest Baby”) love sharing how real families use our products (collectively, the “Services”). We would love your permission to share the content you posted on social media.
Please review the terms and conditions below to allow us to use your social media content, including photographs, text, graphics, moving images, sound, illustrations, comments and other materials, including location information or other associated data, which may bear the name, voice, image, likeness, and/or any other identifiable representation of yourself or others (hereafter referred to as “User Content”).
If you respond to our request by replying with #happiestbabyinspo or #yeshappiestbaby, you agree with these Terms of Use.
User Content License
You give Happiest Baby permission to use your User Content on any Happiest Baby’s websites or social media channels (collectively, the “Site”), in promotional emails, advertisements and other marketing materials in any media now or hereafter known. Your agree that your permission to use the User Content is non-exclusive, royalty free, transferrable, unrestricted, worldwide, perpetual, irrevocable and sublicensable, and that you allow the same rights to Happiest Baby’s 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 (“HB Parties” or “we”).
Non-exclusive means you may use your User Content for your own purposes or let others use your User Content for their purposes. Our license is royalty free, meaning we do not owe you anything else in connection with our use of your User Content. Our license is transferrable, meaning we may freely assign it to any other party. Worldwide means you allow us to exercise these rights anywhere in the world. Perpetual means that these rights last indefinitely. Unrestricted means we may use them in any manner. Irrevocable means you cannot not withdraw these rights. Our license is sublicensable, meaning we may freely authorize others to exercise the rights under the license.
You agree, represent and warrant that: (i) you are at least 18 years old; (ii) you either own all rights in and to your User Content and/or you have obtained appropriate rights and permissions from all other persons who own, manage or claim any rights with respect to the User Content; (iii) you understand that you will not be paid for the use of the User Content; (iv) you are the parent or guardian of any minor child appearing in the User Content; and (v) your User Content does not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation.
You grant the HB Parties the right to use your username, real name, voice, image, likeness, descriptions of you, location or other identifying information in connection with any use of your User Content.
You hereby release, discharge and agree to hold the HB Parties, and any person acting on their behalf, harmless from any liability related in any way to their use of your User Content.
The User Content that you submit is deemed non-confidential and we have no obligation to maintain the confidentiality of any information contained therein, except pursuant to the HB Parties’ respective privacy policies. By using the Site or the Services, you are consenting to the HB Parties’ collection of any personal information you provide for the HB Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use this Site or the Services or otherwise provide the HB Parties with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the HB Parties behalf. By using the Site or the Services or otherwise providing the HB Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations.
Miscellaneous
These Terms of Use apply to the Site, the HB Properties and Services and to your User Content unless otherwise provided. We may refuse to use your User Content and/or to remove it from the Site for any reason. If you would like to receive or provide any additional information, please contact legal@happiestbaby.com.
To the extent your User Content is displayed on the Site or on any of the HB Properties or in connection with the Services, you also will be subject to additional terms of use, agreements, guidelines or rules (“HB Terms”) applicable to such Services, including but not limited to those set forth on the Happiest Baby website at https://www.happiestbaby.com/pages/legal, and you hereby agree to be bound the HB Terms.
You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Happiest Baby by authorizing use of your User Content or otherwise using or accessing the Site, the Services or the HB Properties.
These Terms of Use are personal to you and may not be assigned or transferred by you without Happiest Baby’s prior written consent.
You agree that if Happiest Baby does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which benefit Happiest Baby under any applicable law), this will not be taken to be a formal waiver of Happiest Baby’s rights and that those rights or remedies will still be available to Happiest Baby.
If any provision of these Terms of Use is found to be invalid by a court of law having the jurisdiction to decide on the matter, 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.
For more information about using our Site, please visit our Terms of Service and Privacy Policy.
Happiest Baby reserves the right to modify these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you give us permission to feature your User Content.
Last Updated: December 4, 2018