LOOP BV – USER GENERATED CONTENT TERMS AND CONDITIONS
Loop BV, with registered office at Posthofbrug 6/8 Bus 5/148, 2600 Berchem, Belgium, registered with the commercial register under enterprise number 0665.977.551 (“Loop”) has contacted the content creator (the “Content Creator”) with the aim to make use of certain photographs and/or video’s generated by them in relation to Loop’s products and/or services, and as identified by Loop in writing (the “Content”), for the promotion of one or more of Loop's Products. The current terms and conditions (the “Terms and Conditions”) constitute the entire agreement between Loop and the Content Creator with respect to the use by Loop of the Content. These Terms and Conditions are deemed accepted by the Content Creator, even when they are conflicting with the Content Creator’s general or special terms and conditions.
2. Intellectual property and license
The Content Creator remains the sole owner of its own intellectual property rights in the Content. Subject to the permission of the Content Creator by responding to Loop’s written request in respect of the use of the Content with #YesLoop, the Content Creator hereby expressly grants to Loop the right to use the Content subject to these Terms and Conditions, and hereby expressly, irrevocably and unconditionally grants a worldwide, irrevocable, royalty-free, fully paid-up, transferable, sublicensable license to Loop (for the duration of the underlying intellectual property rights) to use all present and future intellectual property rights in the Content, in particular copyrights and image rights, absolutely and free from all encumbrances, including the proprietary rights relating to any of the foregoing, including without limitation the right of reproduction, translation, modification (such as modifications concerning the colour, lighting, reducing, enlarging, contrasts, isolating certain elements), use (notably for making content derived therefrom), distribution, display and communication to the public (by all forms and via our channels of media, organic usage only) and any other form of exploitation of the Content, in whole or part, in whatever manner, both in their original form and in a modified form, for all commercial or non-commercial purposes. The abovementioned license is, for every mode and form of exploitation or use, definitive, worldwide and understood in the broadest possible sense authorized by the applicable positive law, for the entire legal period of the respective rights;
The Content Creator acknowledges that it is responsible for its Content, and for any consequences of the use thereof, including the use of the Content by Loop and Loop’s third party partners, and that Loop will not be responsible or liable for any use of the Content by Loop or its partners in accordance with these Terms and Conditions. The Content Creator hereby represents and warrants that they are the sole legal and beneficial owner of all intellectual property rights and image rights in the Content and that they have, to the extent applicable, entered into a valid assignment agreement of all intellectual property rights with the photographer, and that they have all the rights, power and authority necessary to grant the rights granted herein to any Content. The Content Creator furthermore represents and warrants that its Content will not deceptive, defamatory, obscene, pornographic or unlawful.
3. Use of Content
Loop will mention the name of the Content Creator (by tagging the relevant account of the Content Creator or otherwise) on or in relation to the use of the (reposted) Content, unless the Content Creator explicitly objects in advance to the use of its name on or in relation to the use of the Content.
The Content creator acknowledges that permission for the use of Content as set forth above is deemed to be given by the reply “#YesLoop” to Loop’s request. In this request, Loop will provide the link to the most recent version of these Terms and Conditions. The Content Creator further acknowledges and agrees that the Content may be made available to a wider audience than originally intended;
4. Termination and changes
The Content Creator may terminate Loop’s right to use the Content in accordance with these Terms and Conditions, by contacting Loop via firstname.lastname@example.org, requesting the revocation of the Content. Loop will use its best efforts to remove the Content from its medial channels as soon as reasonably possible following such request and cease all use of the Content. For the avoidance of doubt, it is specified that the Content will not be deemed as revoked in the following situations: (i) when the Content has been removed by the Content Creator from websites where the Content was hosted, (ii) when the Content Creator has changed its username or closed its account or (iii) when the Content Creator has changed the settings of the account regarding limiting the Content to a restricted audience. Once the Content has been removed by Loop from all its media channels, these Terms and Conditions will be automatically terminated with respect to such Content by operation of law.
Loop may, in its sole discretion, change, supplement or amend these Terms and Conditions from time to time (a “Modified Version”), for any reason, and without any prior notice to or liability towards the Content Creator. The Content Creator may not change, supplement, or amend these Terms Conditions in any manner. Any such Modified Version made will be effective immediately upon Loop making such changes available on the website ttps://www.loopearplugs.com/ or otherwise providing notice thereof. The Content Creator agrees that an absence of objection to those changes constitutes the Content Creator’s acceptance of such changes.