Hello - you have been transferred here because we really like your image and we,
Vida Xl B.V., Vida XL Europe B.V., Vida XL International B.V., TM Handelsgesellschaft GmbH, HB Commerce PTY Ltd., vidaXL LLC located at Mary Kingsleystraat 1, 5928 SK Venlo, Netherlands
(together, "vidaXL") have requested your consent to the distribution of your image or your moving image ("Work ") on (inter alia) our websites and our social network accounts, and in particular on Instagram, Facebook and Snapchat ("Accounts").
We are giving you the opportunity to have your Work advertised in particular on our websites and in contributions to our Accounts. To this end, we are obtaining your explicit consent to make comprehensive use of the Work requested as follows, and to use it commercially.
I. By responding to our Instagram comment with the hashtag #sharemevidaxl, you are granting us in particular the following rights of use, free of charge, unlimited by content, time or territory:
• to use, edit, modify and exploit your Work on our websites and our Accounts comprehensively, including for the purposes of commercial marketing. This grant of rights expressly includes all known and unknown forms of Internet offerings;
• the unlimited right to reproduce, make publicly accessible, and publicly display your Work, in particular through the digital integration of your image on our Accounts and our websites;
• the advertising rights, i.e. the right to use the Work for advertising vidaXL and products offered by vidaXL on its websites, and in all other media including outside the Internet, in particular in print media, and in our newsletters;
• the right to make publicly accessible, that is to say the right to store the Work, and to make it accessible and ready to view by the public whether in analogue or digital form, and
• the right to use your Work in connection with other work.
II. You confirm that you are the owner of the rights transferred under I and that it is possible for you to grant these rights to us effectively.
III. Furthermore, you confirm that the use of your Work does not breach any personality rights of third parties, in particular, that persons who are pictured, if any, agree to the contractual use of your picture.
IV. You indemnify us from claims by third parties, in particular any claims for copyright and personality rights violations, which may be made against us in connection with the exercise of the rights under this agreement. If you are aware of any breach of the rights agreed upon, you must notify us without delay.
V. For the use and distribution of your work on our accounts, we only process the necessary data, i.e. your image marked with the hashtag or vidaXL brand mention, your account name and, exceptionally, other data that you may have published on social media (e.g. your e-mail address), in order to give you credit for your work.
VI.Either party may terminate this agreement in written or electronic form by giving two weeks' notice, by sending an email to [email protected]
VII. Any amendment or addition to this agreement shall be in written or electronic form. Should an individual provision of this agreement or part thereof be or become invalid, this shall not invalidate the remaining provisions of the agreement. To the extent that a choice of governing law is permissible, this agreement shall be governed exclusively by the laws of the Federal Republic of Germany.
The vidaXL team