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User Generated Content License

Introduction

We always love seeing your User Content and know that other SWEAT members will too across our social media accounts and our marketing channels. As you consider allowing SWEAT* to use your User Content pursuant to this license, we want to make sure you know exactly how we intend to use it. “User Content” refers to your comments, posts, photos, pictures, images, videos, materials or other user-generated content or information that we specifically request to use. 

By affirmatively responding to our request to use your User Content, you are affirming that: 

  • you alone created or own the User Content and no one else has any rights to it or could claim they own it or that it infringes on rights of others;
  • if there are people in the User Content other than yourself, they are over 18 years of age and they know you are giving us permission to use the User Content, and have consented to it being used by SWEAT pursuant to this license; and  
  • if there are people in the User Content other than yourself that are under 18 years of age, that you are the parent or legal guardian of the child(ren).  

    Non-exclusive license

    You will continue to own the User Content. By affirmatively responding to our request to use your User Content, you are granting SWEAT a non-exclusive license to use (including commercial use) the User Content which cannot be revoked by you except where permitted by law. SWEAT will have the right to reproduce the User Content in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, paid advertising and distribution), either through our own services or services provided by third parties, throughout the world in perpetuity in any medium now known or later developed and without restriction or limitation. 

    If the User Content contains personal information of you or other people (such as  name, username,  location information or other identifying information) it is important that you have read and understood our Privacy Policy. You agree that we can use that personal information with your User Content. The User Content (including personal information) may be used for advertising and promotional purposes and SWEAT may use the User Content either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter, materials written by us or others, or other photographs. 

    You understand that you will not have the right to approve how we use your User Content. While SWEAT will make commercially reasonable efforts to give you credit for your User Content if SWEAT uses it, you agree that such credit is not mandatory and your permission for us to use your User Content is not contingent upon such credit being given or any fees being paid to you. 

    You also understand that by granting us permission to use your User Content, you are at least 18 years of age, and release SWEAT, their employees and officers, and any third party services that use your User Content from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, costs and expenses, including reasonable attorney’s fees and expenses relating to or arising out of the use of your User Content as contemplated by this license. If you don’t agree to the terms of this license, we completely understand and no further action is required. 

    Governing law 

    This license is governed by and construed in accordance with the law of South Australia. You and SWEAT submit to the exclusive jurisdiction of the courts of South Australia to settle any dispute or issues arising from this license.

    Contact us

    We are thrilled to see your User Content referring to SWEAT and look forward to seeing any new photos or videos you may post as well. Please contact us at support@sweat.com if you have any questions.

     

    * References to "SWEAT", "we", "us" or "our" in this license mean The Bikini Body Training Company Pty Ltd (ACN 162 849 701) and its affiliates.