SOCIAL MEDIC TERMS OF SERVICE
Social media platforms are public. If you respond to our questions and posts or otherwise post content on our official brand “presence” on social media platforms, we may use or republish your posted text, photo, video or other materials (collectively “Content”) as outlined below. Examples of our official brand presence on social media platforms include the Better Coaching Facebook Page, the Better Coaching Twitter account, the Better Coaching Google+ Page, the Better Coaching LinkedIn company page, and the Better Coaching Magazine Instagram Page.
By posting or otherwise making available any Content, or otherwise responding to or communicating with us on or via our official brand presence on social media platforms/sites and branded hashtags (including, without limitation Facebook, Twitter, Instagram, Pinterest, Tumblr, Google Plus, collectively “Social Media Platforms”) you represent and warrant that you are eighteen (18) years of age or older and that you agree to the following terms and conditions:
You irrevocably grant us, and our parent company, affiliates, licensees and assigns, a royalty-free, perpetual, non-exclusive, unrestricted right and license throughout the universe to copy, reproduce, modify, edit, adapt, translate, create derivative works of, publish, post, distribute, publicly perform, sublicense, or otherwise provide to others, your Content in any and all media, formats and channels (now in existence or hereinafter developed) for any purpose, including advertising and commercial purpose.
You grant Better Coaching the right to attach any wording to the content Better Coaching sees fit, including your first name and last initial; the city, state, and/or country where you live; the geographic location of the content; and general information about the content.
You also understand and acknowledge that submitting content to Better Coaching Magazine does not guarantee acceptance, use or publication.
In the spirit of “community” and because we love that you want to be recognized by our brands with what is commonly referred to as a “shout-out,” we will try to credit you as the author/source of the Content by referring to your Social Media Platform handle or identifier. (By posting, you agree that we may identify you as the author/source of the Content.) However, we might use any really good ideas, suggestions, developments, and/or other material offered to us via your posted Content without any attribution or compensation to you.
By sending us Content as yourself, you represent and warrant that the Content does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark, rights of publicity and privacy. Important Note: If any third-party content is included in your posted Content you must obtain permission from the content owner and attribute/credit such content to the owner. You acknowledge that you have secured all required releases, consents and permissions from any individuals appearing in the photograph. You understand and agree that Better Coaching Magazine has no liability for any unauthorized use of the content by third parties. Better Coaching Magazine, for its part, will authorize no third party use of the content.
Best Practices that will prevent us from deleting and otherwise blocking you.
Don’t post any Content that is disruptive, abusive, vulgar, profane, obscene, hateful, threatening, harassing, defamatory, or which discloses personally identifiable information or private or personal matters concerning any person. Don’t post any Content that you don’t have the right to post/transmit (and grant us the rights above) under applicable law or under contractual or fiduciary relationship.
You represent that all testimonials, endorsements and/or advertisements contained in your posted Content are truthful, accurate and represent your opinion and personal experience.
You agree to hold Better Coaching Magazine (sometimes referred to herein as “us” or “our”) and our parent company, affiliates, agents and licensees (collectively, “Indemnitees”) harmless, and defend and indemnify the Indemnitees from any claim, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed which may arise out of or are in any way connected with your posted Content and/or your use of our official brand presence on Social Media Platforms.
These terms shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to principles of conflict of laws. In no event will we be liable hereunder for extraordinary, consequential, indirect or punitive damages, including lost profits.