Moana Glass Social Assets Terms & Conditions

Updated May 2019

SCOPE

BY REPLYING WITH #YESMOANAGLASS, AND/OR SUBMITTING MY CONTENT VIA THE MOANAGLASS.COM WEBSITE, I REPRESENT TO Moana Glass (“MOANA GLASS”) THAT I AM AT LEAST 18 YEARS OF AGE, HAVE FULLY READ, UNDERSTAND, AND AGREE WITH THESE TERMS AND CONDITIONS AND WILL COMPLY WITH THEM IN THEIR ENTIRETY.

MOANA GLASS’S USE OF CONTENT

  1. You keep all intellectual property rights to your Content but give MOANA GLASS permission to use the Content (defined below) and as the case may be your Instagram handle as determined by MOANA GLASS;
  2. For the consideration set forth below, the receipt and sufficiency of which is hereby acknowledged, you hereby grant to MOANA GLASS, their successors and assigns, and third parties while working with MOANA GLASS to promote our products and services, the non-exclusive right to use, adapt, modify, copy, display, perform, incorporate, publish, distribute, prepare derivative works, and perform publicly by means of digital audio transmission the materials submitted (“Content”), in perpetuity and throughout the world, in any manner and format, now known or hereafter devised, and for any and all purposes, including, without limitation, for print and broadcast advertising, collateral, presentations, public relations and editorials for local, national, international and global marketing, in databases, digital, CD-ROM, other interactive media, and on-line formats including the Internet and formats and databases accessible through all on-line search engines. When possible, your name and/or social media account handle will be included as a credit in print, social media, and online banners (if used for online banners);
  3. MOANA GLASS reserves the right to use, not use, or discontinue using any Content in our sole discretion at any time;

You can always revoke the granting of rights to MOANA GLASS by submitting a revocation request. MOANA GLASS will process the request as soon as possible. To send a revocation request, email [email protected] and include in the subject line: “REQUEST FOR SOCIAL CONTENT USE REVOCATION”.

REPRESENTATION AND WARRANTIES

Don’t submit photographs that you didn’t take yourself or don’t have permission to give to us. You represent and warrant to MOANA GLASS that:

  1. You hold all rights, including all copyrights, in and to the Content and/or that you have the right to license MOANA GLASS, and third parties to use the Content in the manners and for the purposes described above;
  2. You have obtained any and all necessary licenses, releases, and waivers to permit MOANA GLASS, and third parties to use the Content in such manner including, by way of example, from photographers and/or persons depicted or named in the Content;
  3. MOANA GLASS, and third-party use of the Content in the manners and for the purposes described above will not violate any intellectual property, publicity, privacy, or other right of yourself or any third party or cause harm to myself or any third party;
  4. The Content is not inappropriate, sexually explicit, harassing, abusive, harmful, violent, or otherwise objectionable or offensive in any way; and
  5. The Content does not violate any law, statute, ordinance, or regulation.

PERSONAL DATA

MOANA GLASS, as a personal data controller, implements personal data processing for the purpose of managing licensing for photos collected via social media (including Instagram, Facebook and Twitter). Personal data is kept within MOANA GLASS servers or databases for as long as MOANA GLASS stores the said Content.

CONFLICT RESOLUTION

If you have a disagreement with us or think any of your Content has been used without your permission or in violation of your rights, let us know so that we can try to work it out. You can reach us at [email protected]ub.com.

APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

Any failure, regardless your location, in relation to the provision of these terms and conditions and, more generally, any problem concerning their execution, interpretation or validity, is subject to United States of America law and the courts of Hawai‘i.

LIABILITY

To the fullest extent permitted by law, you shall defend, indemnify, and forever hold harmless MOANA GLASS, and their respective officers, directors, employees, licensees, assigns, agents, and affiliates from and against all costs, liability, loss, damage, and expense, including all attorneys’ fees, and all claims, suits, and demands therefor, arising out of or resulting from my breach of this agreement.