By uploading your photo and any names or comments (together “User Content”) to our site to create a Pet Trading Card, you hereby represent and warrant that: (i) you are at least 18 years of age (ii) you own all rights to the User Content or have the right to grant the rights and licenses set forth in these Rules; (iii) the posting and use of the User Content does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and /or other intellectual property rights; (iv) the User Content includes a photo of your pet animal and is not inappropriate, obscene, offensive or derogatory; (v) the User Content does not contain any trademarks, copyrights, logos or trade dress owned by others without permission and (vi) if any individuals are depicted in the User Content, you have obtained consent and all necessary permissions to include the image of all such individuals and for all uses and granting the rights to use the images as set forth in these Rules. You hereby agree to defend, indemnify and hold harmless INVISTA and Pace Communications, Inc. and their affiliates, subsidiaries, agencies, employees, agents and representatives (collectively “Authorized Persons”) from and against any and all losses and all claims by third parties resulting from your breach of any of the representations or warranties herein.
By uploading the User Content, you additionally grant the Authorized Persons the unrestricted, irrevocable, perpetual, royalty-free, worldwide right to display, use, reproduce, publish, edit, market, store, adapt, modify, assign, sell, sublicense, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the User Content, excerpts of the User Content (as such may be edited and modified by the Authorized Persons in their discretion) and the finished Pet Trading Card in its perpetuity, for editorial, commercial, promotional and all other purposes (including posting on Authorized Persons’ company websites, and/or other print or digital media selected by the Authorized Persons.) If you choose to upload the finished Pet Trading Card to other digital platforms, you also represent and warrant that you will abide by the rules and requirements of those platforms regarding content upload.
By uploading the User Content, you additionally waive, release and forever discharge the Authorized Persons from any and all rights, claims and liability relating to the use of the User Content or the finished Pet Trading Card in the manner contemplated above including, but not limited to, any claims based on invasion of privacy, commercial use of name and the right of privacy.