Nutranext, including its parent company The Clorox Company and its affiliates and subsidiaries (collectively “NEOCELL”), is interested in the Content recently published by You through one or more third-party sites or platforms including but not limited to Instagram, Facebook, Pinterest, YouTube, Snapchat and Twitter (the “Third Party Platforms”), and would like to request Your permission to share Your Content. Please review these Terms to determine whether You wish to grant NEOCELL the rights and permissions set forth herein.
As used herein, the term “Content” shall refer to any picture, graphic, drawing, image, illustrations, text, video recordings, sound recordings, or other material You have posted online or through Third Party Platforms, together with your name, likeness and other identifying information provided, including without limitation any social media identifier, handle or profile picture.
NEOCELL does not claim ownership rights in Your Content. However, by agreeing to these Terms, You hereby grant to NEOCELL as licensee, and its parent, affiliates, subsidiaries, successors and assigns, an irrevocable, fully paid up, non-exclusive, world-wide, sub-licensable, transferable and royalty-free license to use the Content for the purpose of marketing, distributing and selling products or services, or for other promotional or informational purposes in any form, media, or technology, whether now known or hereafter developed, including but not limited to use in social media, website, mobile application, email, retail and in-store for a perpetual term (the “License”). You understand that NEOCELL may edit the Content for marketing purposes without Your written approval.
By agreeing to these Terms, You hereby warrant and represent that: (a) You are the sole owner of the Content, including but not limited to, all copyright rights therein; (b) You have the authority to agree to these Terms and provide the rights granted hereby; (c) You and any persons appearing in the Content are U.S. residents; (d) You and any persons appearing in the content are at least  years of age or the age of majority and you have obtained any necessary releases from any person(s) appearing in the Content or, if such persons are minors, You have obtained the authorization and release from a parent or legal guardian of any such person(s) under the age of 18 who appear in the Content; (e) the License does not infringe any third party’s rights; (f) there are no pending or threatened lawsuits concerning any aspect of the Content; and (g) You have obtained any necessary releases from the owner of any property in the Content.
You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the Content that You may have under any applicable law under any legal theory. You hereby waive, discharge, and agree to hold NEOCELL harmless for any and all claims against NEOCELL for payment, or claims relating to defamation, copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity, or any other claim arising out of the use of the Content pursuant to these Terms.
You acknowledge and agree that we may choose not to use Your Content or to remove Your Content from any NEOCELL -controlled media or materials at any time. You agree that You will not receive any payment or other remuneration if we use Your Content pursuant to these Terms.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. Any dispute or claim relating in any way to these Terms will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By replying #Yes NEOCELL, You unconditionally accept these Terms and these Terms shall constitute the entire understanding of the parties with respect to the subject matter therein. This License may not be amended or rescinded except by a writing signed by You and NEOCELL, and removing Your consent from the platform on which it was originally provided shall not serve to void, terminate, or alter these Terms or the enforcement thereof. This License shall be binding upon and inure to the benefit of the parties and their respective successors and heirs. IF YOU DO NOT OWN OR HAVE AUTHORIZATION TO GRANT THE RIGHTS AND PERMISSIONS DESCRIBED HEREIN AND/OR DO NOT WANT TO GRANT NEOCELL SUCH RIGHTS, DO NOT ACCEPT THESE TERMS.