Photo and Video Submission Agreement
You consent to enter into this Agreement if you want to submit digital images or other content to American Sale Corporation.
This is a legal contract ("the Agreement") between you and American Sale Corporation ("American Sale").
By submitting any image or video file to American Sale or any of American Sale's various marketing and social media channels, you indicate your agreement to all of the following terms and conditions.
As used in this Agreement, "we" or "American Sale" means American Sale Corporation. Additionally, "you" means the individual or entity submitting materials to American Sale. Any individual or entity that wants to submit content to American Sale must accept the terms of this Agreement without change.
- Eligibility. You may only submit Materials to American Sale for which you hold all intellectual property rights. If you submit a digital image to us, you must own all rights to such image or you must have the authorization of the person who does own those rights. The Service is limited to parties that lawfully can enter into and form contracts under applicable law. Minors may not submit Materials to American Sale.
- Definitions. As used in this Agreement, (a) "Affiliates" means any entity controlled by, in control of, or under common control with American Sale, (b) "Materials" means all content that you submit to American Sale, including all photographs, videos, illustrations, graphics and text, and (c) "Media" means any means of conveying information, whether now known or hereafter devised.
- Ownership. You hereby certify that you own all rights to any image or other file that you upload (the "Files") to the American Sale website or email to any email address owned by American Sale (any email address ending with “@americansale.com”). You agree to indemnify American Sale and its officers and employees against any claims, damages or any other costs whatsoever related to any claim of copyright infringement related to the Files.
- Use of the Files. You acknowledge and agree that American Sale may use these images in internal and external marketing materials and on American Sale social media channels and partner media channels. American Sale cannot guarantee that anyone who shares the Files will comply with American Sale's terms. American Sale accepts no responsibility for ensuring such compliance, and accepts no liability for any failure to comply.
- Disclaimer of Liability. American Sale accepts no liability whatsoever for any loss, expense, cost, or claim; or for any direct, indirect or consequential damages that may arise in connection with your submission to this website or your submission of Files.
- License Grant for Materials. You hereby grant to American Sale and its Affiliates a worldwide, nonexclusive, royalty-free, perpetual right and license to (a) reproduce, distribute, transmit, publicly perform and publicly display the Materials, in whole or in part, in any manner and Media, (b) modify, adapt, translate and create derivative works from the Materials, in whole or in part, in any manner and Media, and (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee.
- License for Name, Trademarks and Likenesses. You hereby grant to American Sale, its Affiliates and sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Materials. You grant American Sale, its Affiliates and sublicensees the right to use the name or location that you submit in connection with the Materials.
- Communications. American Sale and its Affiliates may communicate with you in connection with the Service, electronically and in other Media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the websites of American Sale or its Affiliates or by any other means.
- Jurisdiction. This Agreement is subject to the laws of the State of Illinois without giving effect to its conflict of laws principles. The courts of the State of Illinois shall have exclusive jurisdiction over any disputes.
- Changes to Agreement. We reserve the right to change any of the terms of this Agreement or any Specifications or Guidelines governing the Service at any time in our sole discretion.
- Entire Agreement. This page contains the entire agreement relating to your uploading of the Materials.
Questions or comments. If you have any questions or comments about this Agreement please contact marketing@americansale.com.
