Novel Suspects User Content Permission Terms & Conditions
PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY
HACHETTE BOOK GROUP, INC. and its imprints, affiliates, licensees and assigns (“HBG”) seek permission to feature content on our various sites and social media channels, and in various promotional and marketing initiatives. You are reading this because Novel Suspects (a HBG brand) has requested your permission to use your social media content in this way.
BY REPLYING TO OUR COMMENT ON YOUR SOCIAL MEDIA POST USING AN HBG HASHTAG WITH “#NSApproved” or “#YesNovelSuspects” YOU CONFIRM THE FOLLOWING:
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- YOU ARE GRANTING HBG THE RIGHT TO USE THIS CONTENT (DEFINED BELOW) ALONG WITH YOUR HANDLE OR ACCOUNT NAME ON HBG’S WEBSITES, SOCIAL MEDIA, IN MARKETING, ADVERTISING OR PROMOTIONAL MATERIALS FOR HBG PRODUCTS, IN PAID ADVERTISING AND CONSUMER -RELATED ACTIVITIES;
- YOU WARRANT THAT YOU HAVE CREATED THE CONTENT AND/OR HAVE PERMISSION FROM THE CREATOR OF THE CONTENT OR ITEMS WITHIN THE CONTENT THAT ARE SUBJECT TO PROTECTION UNDER COPYRIGHT AND/OR TRADEMARK LAWS TO GRANT THE RIGHT TO USE THE CONTENT AND DID NOT COPY THE CONTENT WITHOUT PERMISSION FROM THE CREATOR(s);
- YOU HAVE PERMISSION TO ACT ON BEHALF OF AND GRANT THIS RIGHT FROM ALL INDIVIDUALS FEATURED IN THE CONTENT; AND
- YOU AND ALL INDIVIDUALS FEATURED IN THE CONTENT ARE AT LEAST THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE ** OR, IF ANY INDIVIDUAL IN THE CONTENT IS A MINOR ,THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF THE MINOR WHO CREATED THE CONTENT OR WHOSE NAME, LIKENESS OR OTHER BIOGRAPHICAL INFORMATION IS FEATURED IN THE CONTENT AND AGREE THAT YOU [AND THE MINOR] AGREE TO BE BOUND BY THIS PERMISSION.
1. Grant of Rights in Content to Hachette
You have been asked to approve the Use (as defined below) of the content you created and/or for which you acquired all rights from the creator, which may include, without limitation, a photograph, text, handle or account name, information, images, graphics, video or any combination of them (“Content”). By responding to our comment requesting permission to use this Content with #NSApproved” or “#YesNovelSuspects”, you are granting HBG, its third-party service providers, and their respective representative or designee of the foregoing (collectively, the “Licensed Parties”) a royalty-free, fully paid, non-exclusive, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, combine with other materials, translate, edit, modify, distribute, exhibit, disseminate and otherwise use (collectively, ” Use”) such Content for any purpose whatsoever, including, without limitation, advertising, marketing, promotional purposes or paid advertising, and in any media whatsoever, now or hereafter existing or developed, without any obligation to you, even if these Terms and Conditions are later modified or terminated. You will retain all ownership of the Content (subject to the license granted herein) .
The Licensed Parties also have the right, but not the obligation, to Use your username, and, if provided in connection with the Content, real name, image, likeness, caption, location information or other identifying information, in connection with any Use of the Content.
By Approving the Use of the Content, you authorize the Licensed Parties to make copies of and retain such Content and copies as the Licensed Parties deem necessary to facilitate the Use of the Content. All Content becomes the unrestricted licensed property of the Licensed Parties. You agree that the Licensed Parties do not have any obligation to Use or take any action with respect to any Content.
By Approving the Use of the Content, you waive (i) any right to review, inspect or approve the Use of the Content in any format or media, whether that Use is known to you or not; (ii) any right to a fee, royalties or other compensation arising from or related to the Use of the Content; (iii) any claim or assertion of moral rights or attribution with respect to the Content; or (iv) any proprietary or ownership rights whatsoever in HBG’s use of the Content .
2. Your Warranties and Representations to Hachette
You represent and warrant that: (i) you are at least the age of majority in your state of residence **(which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) as is everyone else appearing in the Content; (ii) you have full right and authority to enter into these Terms and Conditions and grant permission; (iii) neither the Content, nor the Use of the Content as permitted in these Terms and Conditions, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any laws; and (iv) you own or have obtained all necessary rights and permissions to grant the rights to the Licensed Parties granted herein, including written permission to permit inclusion of a brand, trademark or logo (if any) included in any way in the Content, and no payment of any kind is due to any third party for the Use of the Content as set forth herein.
3. Indemnification
You hereby agree to defend, indemnify and hold the Licensed Parties and their respective officers, directors, employees, agents, representatives, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind, and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney’s fees and expenses relating to or arising out of the Content and Use of the Content, your breach or alleged breach of your warranties and representations, your violation of laws, or your violation of any rights of another person or entity.
4. If You Think Your Copyright Was Infringed
If you believe that your Content has been copied in a way that constitutes copyright infringement, please refer to the HBG Copyright Policy.
5. Miscellaneous
These Terms and Conditions and any related claim or dispute shall be governed by the laws in effect in the State of New York, without giving effect to its conflicts of law principles. The parties irrevocably consent and agree to the exclusive jurisdiction of the New York state or federal courts, as applicable, located in New York County.
EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT.
If any provision of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable in any jurisdiction, such provision shall be revised solely to the extent necessary to render such provision valid, legal and enforceable, and without invalidating or affecting the remaining Terms and Conditions.
Note: By disclosing information about yourself, e.g., your name or email address, on this Site, or granting permission as requested, you may make it possible for Hachette Book Group and its subsidiary and affiliated companies and its licensees to collect and use such information in a manner consistent with Hachette’s Privacy Policy and United States law, but contrary to the data protection laws and regulations of the territory of your residence. Therefore, if you do not agree to waive your rights and protections under the laws of your territory of residence, please do not reply to our comment, provide your name or email address, or provide other personal information or content to this Site.