Thanks for reviewing the terms and conditions that cover La Factoria’s use of your photographs and images. We’ll refer to these terms and conditions as “Terms,” or the “Agreement.” The full Terms are laid out below. Please make sure you read the entire document before signing this agreement.
1. TERMS By submitting, by whatever means, a photograph, video, graphic composition and/or illustration to us or by otherwise agreeing to our use of the piece of Content according to these Terms, you agree that you have read and fully understand these Terms and will comply with them in their entirety.
2. DEFINITIONS The following definitions shall apply to this Agreement: (a) “La Factoria” or “us” or “our” or “we” shall mean La Factoria, Colectivo Icaro, and its affiliates, subsidiaries, successors, sub-licensees, and assignees. (b) “Licensee” shall mean La Factoria. “Visitor” or “you” shall mean the person or entity identified as a guest, visitor or customer according to the record-keeping system of La Factoria. (c) “Licensor” shall mean Visitor. (d) “Content” shall mean any work or material submitted, or made available, by you to La Factoria, affixed in whatever form, including, but not limited to, photographs, images, audio, and videos, and reproducible by whatever means. The foregoing shall be understood to include any photo or video caption, names, or other information contained in, or made part of, the Content.
3. OWNERSHIP OF CONTENT The Licensor shall own any Content provided by the Licensor to La Factoria; The Licensee agrees that the Licensee has and will acquire no ownership rights to the Content whatsoever and that all usage of the Content will be pursuant to the terms contained herein.
4. GRANT OF LICENSE By submitting Content to us, or otherwise agreeing to our use of such Content, you grant us the worldwide, unrestricted, royalty-free, irrevocable, sub-licensable right to (a) publish, publicly display and perform, modify, edit, alter and otherwise use the Content in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including for commercial and promotional use) in any medium or format now existing or hereafter created, including but not limited to print or recorded material, websites, and social media platforms; and (b) use your name, commentary, and other information about you in connection with the Content. We reserve the right to use, not use, or discontinue using any Content in our sole discretion at any time.
5. THE CONTENT YOU SUBMIT You agree not to submit any Content that: (a) Infringes any intellectual property rights of any other person or third-party, including but not limited to copyright and trademark. (b) Defames or invades the privacy or publicity rights of any person, living or deceased, or infringes upon any person’s or third party’s personal, property, or other rights. (c) Is inappropriate, sexually explicit, harassing, abusive, harmful, violent, or otherwise objectionable or offensive in any way. (d) Contains any virus, worm, corrupt file, or other forms of malicious code or Content that may harm a website or computer. (e) Violates any law, statute, ordinance, or regulation.
6. WARRANTIES AND REPRESENTATIONS (a) Ownership of Content You represent and warrant that you have taken the photograph or video, or made the Content yourself and own the copyright or have received the express permission and consent of the copyright owner to have the elements used and shared by us in accordance with these Terms. Before obtaining their permission and sharing the Content with us, send them a copy of or a link to these Terms. (b) Permission of Any Person Pictured You represent and warrant that you have the express permission of everyone who appears in the Content (and their parent or guardian, if applicable) to be photographed, recorded, or videotaped and have their images and names used and shared by La Factoria in accordance with these Terms. Before obtaining their permission and sharing the Content with us, send them a copy of or a link to these Terms.
7. WAIVER AND INDEMNITY You irrevocably waive all rights and agree to release and hold harmless La Factoria from any and all claims, costs, expenses, damages, causes of action and/or liabilities, of any nature, whether direct or indirect, known or unknown, foreseen or unforeseen, arising out of or relating to the Content, including but not limited to defamation; invasion of the rights of privacy or publicity; violation of any moral or artist rights; personal injury, damage to property, or any other similar matter. You further agree to indemnify, defend, and hold La Factoria harmless from any claim or cause of action related to your violation of any these Terms & Conditions.
8. ENFORCEABILITY If any provision of these Terms & Conditions is deemed invalid, illegal, or otherwise unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
9. GOVERNING LAW This Agreement and the rights, obligations, and remedies contained herein shall be governed and construed according to the laws of the Commonwealth of Puerto Rico.