In these TFM Terms of Service (Terms), “we”, “us” and “our” refers to TFM Media (or any of its affiliated companies as appropriate).
The “Content” refers to any multi-media files submitted through the web form on totalfratmove.com or submitted via direct message to any of TFM Media’s owned and operated social media accounts (Content Submission).
Any Content Submission performed by you confirms your agreement to the Terms and your agreement that we may use your Content in accordance with these Terms.
You represent and warrant that:
- You are at least eighteen (18) years of age or are legally considered an adult in the State or Country where you reside;
- You have full power and authority to agree to these Terms;
- The Content is your own original creation, you did not take the Content from another website, social media posting or elsewhere, and the Content does not contain anything that violates the rights of any person or entity;
- The Content does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or TFM Media;
- The Content does not contain anything illegal, defamatory, obscene or offensive;
- You have permission from any person(s) appearing in the Content to provide us with the rights to use the Content as described in these Terms;
- Your upload or post of the Content does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the Content;
- Our use of your Content as described in these Terms will not violate the rights of any person or entity and will not violate any law.
- You confirm and agree that Our use of your Content as described in these Terms does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity; and
- You have read and you agree to comply with all of the terms and conditions in these Terms.
Our Use of Your Contents
You grant us an irrevocable and unlimited right and license to use your Content (and to allow others to use the Content) without the payment of any royalty. You agree that you shall never withdraw this permission and license to use the Content. We may use your Content for any business purpose on our websites and social media pages, and in our digital newsletters, and any other online, digital marketing material and in any new media or technology that becomes available later in time, throughout the world, for an unlimited time. You agree that we may use, copy, , modify, alter, edit, publish, create new derivative works from, make available and display the Content (or any part of the Content) and related content, and include the Content (or any part of the Content) into other works, for any business related purposes, including but not limited to promotional and marketing purposes. You also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the Content. You agree that we have no obligation to use your Content or your name or other identifying information.
You confirm that you have the consent or permission of any other person or entity that is required for our use of your Content as described in these Terms, including but not limited to: (a) any person who appears or performs in your Content, and (2) any person or entity who owns any rights in your Content or anything that appears in your Content. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to Copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the Content and the rights you are granting us under these Terms.
You irrevocably and unconditionally waive (and agree not to enforce) all rights in the Content, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.
If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under these Terms.
Whether we choose to use the Content or not is solely our choice. We have no obligation to use the Content and we may remove or stop using any Content at any time, for any reason. Use of the Content does not imply our endorsement of or any affiliation with you.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your Content has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 at [email protected]
Limitation of Liability
You shall be liable for and shall indemnify us against any and all claims, actions, liabilities, losses, damages, expenses (including reasonable legal expenses) incurred by us which arise directly or indirectly from a breach by you of your obligations, representations or warranties under these Terms.
These Terms are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent. We may assign our rights and obligations under these Terms to any other person, in whole or in part, without consent.
A failure by us to exercise and any delay, forbearance or indulgence by us in exercising any right, power or remedy under these Terms (in whole or in part) shall not operate as a waiver of that right, power or remedy or preclude its exercise at any subsequent time or on any subsequent occasion. A person not a party to these Terms has no right to enforce any of these terms.
These Terms contain all the terms agreed between us regarding the Content and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
The construction, validity and performance of these terms shall be governed by the laws of the State of Texas, USA and the parties submit to the exclusive jurisdiction of the courts of Texas to resolve any dispute arising under or in connection with these Terms. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms are invalid, then that provision will be removed without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.