User Submission Media Agreement
Updated: January 3, 2024
PLEASE READ THESE TERMS CAREFULLY.
This User Submission Media Agreement (“USMA”) describes the terms and conditions (“Terms”) under which Joshin, Inc. and its affiliates and subsidiaries (collectively, “Joshin”) may use content, feedback, ratings, testimonials, videos, or other materials or communications created and submitted by you to Joshin (“Joshin User Submissions”).
This USMA is an important part of the Agreement between you and Joshin, and any capitalized terms not defined in this USMA have the meaning given to them in the Agreement or any policies referenced therein.
You hereby grant to Joshin a non-exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform, and publicly display the Joshin User Submissions that you submit or upload to us for any purpose, which includes, but are not limited to, use in Joshin e-mails, push notifications, marketing materials, presentations, proposals, search results pages, and referral pages, and syndication on sites or applications owned or operated by Joshin or its partners.
You further grant Joshin a non-exclusive, perpetual, worldwide, royalty-free license to use with the Joshin User Submissions your name, images, and likeness to promote Joshin.
You acknowledge and represent that any Joshin User Submission you share with us shall be your original work and that the content within the Joshin User Submission does not infringe, misappropriate, or violate a third party’s intellectual property rights or rights of publicity or privacy.
You further represent that you have the right to grant all of the licenses set forth under this USMA, without Joshin incurring any third-party obligations or liability arising out of its exercise of the rights granted by you under this USMA.
Joshin shall be the exclusive owner of all rights, including copyright, in the Joshin User Submissions you submit to Joshin, which you jointly or independently create for or on behalf of Joshin. You hereby irrevocably transfer, assign, and otherwise convey to Joshin your entire right, title, and interest, if any, in and to the Joshin User Submissions, which you jointly or independently create for or on behalf of Joshin and all copyrights and other intellectual property rights in these Joshin User Submissions. Joshin has no obligation to create or use the Joshin User Submissions or to exercise any rights given by this USMA.
You hereby release Joshin from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these terms. This includes any claims of defamation, invasion of privacy, infringement of moral rights, rights of publicity, and infringement of Intellectual Property (e.g. trademarks, copyrights).
If you are a California resident, you expressly waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
You acknowledge and agree that any Joshin User Submissions do not entitle you to any monetary compensation unless expressly authorized by Joshin in writing.
THIS USMA PROVIDES JOSHIN WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING JOSHIN TO PUBLICIZE AND COMMERCIALLY USE YOUR SUBMISSIONS, NAME, LIKENESS, IMAGE, APPEARANCE, VOICE, PROFESSIONAL AND PERSONAL BIOGRAPHICAL INFORMATION, AND OTHER PERSONAL CHARACTERISTICS AS SET OUT ABOVE WHICH HAVE BEEN PROVIDED BY YOU TO US. BY USING THE JOSHIN PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS USMA, AND YOU ARE OVER THE AGE OF 18.
Modification of Terms
Joshin reserves the right to make changes to this USMA (or any portion thereof) at any time in our sole discretion. Any changes will be posted on the Joshin Platform, indicating the date on which the terms were last updated. Any changes will be effective upon the date of posting unless explicitly stated otherwise. As long as you use the Joshin Platform, you are agreeing to this USMA and any updates we make to it. If you disagree with the updated USMA, you may terminate this agreement with immediate effect by discontinuing your use of the Joshin Platform. Your continued use of the Joshin Platform following the effective date of any modified terms indicates your acceptance of such modified agreement.
Feel free to contact us at support@Joshin.com anytime with any questions or comments regarding this USMA.