CONTENT USAGE TERMS & CONDITIONS

  1. You represent and warrant that you are at least 18 years old.
  2. You grant to S&S Brand Holdings LLC (“S&S”), including its affiliates, parents, heirs, successors, assigns, licensees, distributors, agents, representatives, and those acting with the authority and/or permission Scotch & Soda (collectively, “S&S Designees”) a nonexclusive, royalty-free, perpetual, worldwide, revocable (in accordance with terms herein), and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your content throughout the world in any media, without any further consent or input from you. You also grant S&S (and any S&S Designees authorized by S&S) the right to use the name and social media user profile associated with your content. For purposes of this agreement, "content" means photographs, text, graphics, moving images, sound, illustrations, or any other materials, including any associated metadata or location information made available by or through the social media platforms from which we access your content.
  3. You represent and warrant that you own or otherwise control all of the rights to your content; that the content is accurate; that use of the content you supply will not cause injury to any person or entity or infringe on the rights of any other party (without limitation, copyrights, trademarks or rights of privacy or publicity, or contain material that is defamatory, threating, indecent, obscene, offensive or that is unlawful, in violation or contrary to any applicable laws or regulations or whose use would require a license or permission from or payment to any third party); and that you will indemnify and hold harmless S&S (and any S&S Designees authorized by S&S) for all claims and liabilities resulting from content you supply. S&S (and any S&S Designees authorized by S&S) takes no responsibility and assumes no liability for any content you supply.
  4. You understand that you will not be paid for any use of your content by S&S (and any S&S Designees authorized by S&S) and that S&S does not guarantee that your content will be used.
  5. S&S (and any S&S Designees authorized by S&S) respects the intellectual property of others. If you want S&S (and any S&S Designees authorized by S&S) to stop using your content, please submit a written request using our online form https://scotchandsoda.com/pages/contact-form and please provide us a link to your content to help us identify it we will use commercially reasonable efforts to stop using your content within 30 days after our receipt of your request.
  6. S&S may amend this agreement at its sole discretion by posting the revised terms on www.scotchandsoda.com or any successor webpage. Any amendment will be effective upon the posting of the revised terms. If any amendment is unacceptable to you, your only recourse is to request that we stop using your content as described above.
  7. S&S’s privacy policy governs the any all personal data and information you submit to S&S in connection with your content. By submitting content, you are agreeing to be bound by these terms and conditions as well as the privacy policy, which can be found here: https://scotchandsoda.com/pages/privacy-policy, and is incorporated by reference into these terms and conditions. This is the entire agreement between you and S&S in relation to your content.
  8. This agreement shall be deemed to have been entered into in the State of New York and shall be governed by the laws of the State of New York. Any dispute or claim relating in any way to your content will be decided solely in the New York courts (State and Federal) which will have sole and exclusive jurisdiction of any controversies regarding this agreement, and the parties hereto consent to jurisdiction of said courts. We each agree that any such proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Further, we each waive any right to a jury trial.