Embodied User Content Terms
We at Embodied, Inc. (“Embodied”) love sharing how real families use our products (collectively, the “Embodied Products”). We would like to ask for your permission to share the content you have posted to social media or have sent directly to us.
Please review the terms and conditions below to allow Embodied to use your content including photographs, text, graphics, moving images, sounds, illustrations, comments and other materials which may bear the name, voice, image, likeness or any other identifiable representation of yourself or others in your family (including but limited to your children or children which you are a guardian of) (hereinafter referred to as “User Content”).
After reviewing the terms and conditions below, please reply to our comment with #yesEmbodied, which confirms your consent to Embodied’s User Content Terms.
User Content License
You give Embodied permission to utilize your User Content on any Embodied websites, apps, social media channels, promotional emails, and/or other marketing materials (collectively the “Embodied Sites”), on any third-party social media channels and/or in paid online advertisements (collectively the "Third Party Sites"). You agree that your permission to use your User Content is non-exclusive, royalty-free, transferrable, unrestricted, worldwide, perpetual, and sublicensable, and that you will allow the same rights to Embodied’s related companies, agents, contractors, successors, legal representatives, assigns, and third-party service providers (collectively, the “Embodied Parties.).
Subject to the rights and license You grant in this Agreement, you retain whatever legally cognizable right, title and interest that you have in your User Content.
You give Embodied permission to reproduce your User Content in any form (including but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through Embodied’s own services or services provided to Embodied by third parties, in any medium now known or later developed and without restriction or limitation. You agree that Embodied may modify a presentation of your User Content by utilizing it alone or in conjunction with captions, films, art work, additional texts or other photographs or images. Embodied will make every reasonable effort to provide you credit for your User Content and provide a link back to your account; however, You agree that such credit is not required and your consent to use your User Content is not based and/or contingent upon such credit being given. You also waive the right to inspect and/or approve any work product that includes and/or incorporates your User Content.
In granting the User Content License, you represent and warrant that you are at least eighteen (18) years old; you own all of rights in and to your User Content and/or you have obtained the necessary and appropriate rights and permissions from all other persons who own, manage and claim any rights with respect to the User Content; and that you are the parent or guardian of any minor child appearing in the User Content. You further represent and warrant that you understand you will not be paid and/or receive other compensation for the use of your User Content. In addition, you represent that your User Content does not violate the rights of any third party, including, but not limited to Intellectual Property rights (copyright, patent, trademark, and/or trade secret), moral rights, proprietary rights, privacy rights and/or publicity rights. You also represent and warrant that your User Content does not violate any law, rule or regulation. You also represent and warrant that your User Content will not violate this Agreement or any Additional Terms or cause injury or harm to any person. You further represent that you will not insert any code and/or product to manipulate the User Content in any way that adversely affects any user experience and/or impact performance of the Embodied Sites and/or Embodied Products.
You release, discharge, and agree to hold Embodied, and any individual acting on their behalf, harmless from liability related in any way to their use of your User Content.
You agree that the User Content you submit to Embodied will be deemed as non-confidential information and that Embodied will have no obligation to maintain the confidentiality of any information contained therein, except pursuant to Embodied’s Privacy Policy. By using the Embodied Products, you are also consenting to the collection of any personal information you provide to Embodied in connection with the use of your User Content as described herein. If You do not agree to the collection, use or disclosure of your personal information in this way, please do not use the Embodied Products and/or submit User Content. By using the Embodied Products and submitting of Your User Content, You agree to the above-mentioned collection, use, disclosure and processing of Your information in accordance with the terms of these User Content Terms, the Privacy Policy and applicable data protection laws and regulations.
Embodied reserves the right to use your User Content and/or to remove it from the Embodied Sites for any reason, without your consent. Please refer any questions to support@emboded.com.
If Your User Content is displayed on the Embodied Sites or Embodied Products, you will also be subject to additional Terms of Use applicable to such Embodied Products, including but not limited to the terms of use set forth at https://embodied.com/pages/terms-of-use and You hereby agree to be bound by these Terms of Use.
You acknowledge and agree that You did not acquire any ownership or other rights in proprietary information and materials of Embodied by authorizing use of Your User Content or otherwise using or accessing the Embodied Sites and/or Embodied Products.
These User Content Terms of Use are personal to You and may not be assigned or transferred by You without Embodied’s prior written consent.
You further agree that if Embodied does not exercise or enforce any legal right or remedy which is contained in these User Content Terms of Use (and/or which benefit Embodied under any applicable law), that will not be taken as a formal waiver of Embodied’s rights and those rights or remedies shall still be available to Embodied.
If any provision of these User Content Terms of Use is found to be invalid by a court of law having the jurisdiction to decide on the matter, then that provision shall be removed or excised from these Terms of Use without impacting the rest of the Terms of Use.
This Terms of Use shall be governed by the laws of the State of California.
Embodied reserves the right to modify these User Content Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, You should review these User Content Terms of Use each time You give us permission to feature Your User Content.
If you do not agree to these terms, we completely understand and no further action is required. We are happy to see Embodied Products as part of your User Content and we look forward to seeing any new photos or videos that you share. Thank you for being a part of our community and email us at support@embodied.com if you have any questions.
