Depalo User Generated Content Terms of Use

Depalo reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because Depalo has requested your permission to use your social media content in this way. Depalo engages a limited number of service providers to facilitate the collection and transmission to the Depalo websites (www.DepaloApp.com and others) (the “Site”), social media channels, promotional materials and other properties (“Depalo Properties”) of User Content, including photos, text, graphics, audio, video, location information, comments and other materials from social media sites, for use by Depalo in connection with its business, including Depalo’s marketing, promotional, advertising and other consumer-related activities (the “Depalo Services”).

By responding to our message with “#Depalo,” you agree that we may use your Photo and the location where the photo was taken in accordance with these User Generated Terms of Use.

Depalo reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorization to feature your User Content.

USER CONTENT LICENSE

You hereby grant to Depalo and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, sub-licensable and unlimited right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.

You grant the Licensed Parties the right to use your username, real name, image, likeness, location in the photo or other identifying information.

You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate 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, (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful, and (vi) you have permission from any person(s) appearing in the Photo to provide us with the rights to use the Photo as described in these UGC Terms of Use.

You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content. The User Content that you submit is deemed non- confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site or the Services, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use this Site or the Services or otherwise provide the Licensed Parties with personal information. The Licensed Parties reserve the right to remove any User Content from the Depalo Site and mobile application.

ADDITIONAL TERMS

These Terms of Use apply to the entire Site, the Depalo Application and Depalo Services and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on the Site or in connection with the Depalo Services, you also will be subject to additional terms of use, agreements, guidelines or rules provided by Depalo applicable to such Depalo Services and User Content, including but not limited to those set forth on the Depalo website at www.depalo.com, and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by Depalo (the “Depalo Terms”). You certify that you are at least 18 years of age.

INTELLECTUAL PROPERTY TERMS

We respect the intellectual property of others, and we ask that you do the same. The Site or Depalo Services may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Depalo by authorizing use of your User Content or otherwise using or accessing the Site, or the Depalo services.

MISCELLANEOUS

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Depalo’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect. You agree that if Depalo does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Depalo has the benefit of under any applicable law), this will not be taken to be a formal waiver of Depalo’s rights and that those rights or remedies will still be available to Depalo. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

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