We at Happiest Baby, Inc. (“Happiest Baby”) love sharing how real families use our products. We would love your permission to share the content you posted on social media.

Please review the terms and conditions below, which allow us to use your social media content, including photographs, text, graphics, moving images, sound, illustrations, comments and other materials, including location information or other associated data, which may bear the name, voice, image, likeness, and/or any other identifiable representation of yourself or others (referred to as “User Content”) in the ways and manner set out below.

If you respond to our request by replying with #happiestbabyinspo or #yeshappiestbaby, you agree with these License Terms.

User Content License

You give Happiest Baby permission to adapt your User Content (e.g., by cutting User Content footage or combining it with third party footage, overlaying it with text, images and/or audio, making memes, etc.) and use your User Content (in whole or in part, in its original or adapted form) on any of Happiest Baby’s websites or social media channels/pages/accounts (collectively, the “Site”). You agree that your permission to use the User Content is non-exclusive, royalty free, transferrable, worldwide, perpetual, irrevocable and sublicensable.

Non-exclusive means you may use your User Content for your own purposes or let others use your User Content for their purposes. Our license is royalty free, meaning we do not owe you anything else in connection with our use of your User Content.  Our license is transferrable, meaning we may freely transfer it to any other party.  Worldwide means you allow us to exercise these rights anywhere in the world.  Perpetual means that these rights last indefinitely. Our license is sublicensable, meaning we may freely authorize others to exercise the rights under the license.

You promise that: (i) you are at least 18 years old; (ii) you either own all rights in and to your User Content and/or you have obtained appropriate rights and permissions from all other persons who own, manage or claim any rights with respect to the User Content; (iii) you understand that you will not be paid for the use of the User Content;  (iv) you are the parent or guardian of any minor child appearing in the User Content; and (v) your User Content does not infringe the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation.

The User Content that you submit is deemed non-confidential and we have no obligation to maintain the confidentiality of any information contained therein, except pursuant to our privacy policy.  

Miscellaneous

These License Terms apply to our use of your User Content unless otherwise provided. We may refuse to use your User Content and/or to remove it from the Site for any reason. If you would like to receive or provide any additional information, please contact legal@happiestbaby.com.

You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Happiest Baby by authorizing use of your User Content or otherwise using or accessing the Site.

These License Terms are personal to you and may not be transferred by you without Happiest Baby’s prior written consent.

Even if we delay in enforcing these License Terms, we can still enforce later. If we do not insist immediately that you do anything you are required to do under these License Terms or if we delay in taking steps against you in respect of your breaking these License Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

If a court finds part of these License Terms illegal, the rest will continue in force. Each of the paragraphs of these License Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Happiest Baby reserves the right to modify these License Terms without advance notice by posting revised License Terms. Accordingly, you should review the License Terms each time you give us permission to feature your User Content.

These License Terms their subject matter and its formation, are governed by English law. However, if you are a consumer and resident of any European Union country you will benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these License Terms affects your rights as a consumer to rely on these local law mandatory provisions and legal rights.

You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a consumer and resident of any other European Union country you and we may also bring proceedings in that country.

For more information about using our Site, please visit our Terms of Service and Privacy Policy.

 

Last Updated: June 17, 2020