Content License Agreement

PLEASE READ THIS CONTENT LICENSE AGREEMENT (“Agreement”) CAREFULLY.  IT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS.  YOU HAVE RECEIVED A DIRECT MESSAGE VIA SOCIAL MEDIA THAT REFERENCES AND LINKS TO THIS AGREEMENT (the “Message”).  BY RESPONDING TO THE MESSAGE WITH “I AGREE” OR “AGREED,” YOU CONFIRM THAT YOU HAVE READ AND AGREE TO THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. 

You grant to L&L Candle Company, LLC ("L&L") and its affiliates, assigns, licensees, representatives, agents, successors, and those acting with its permission (together, the "L&L Parties") the right to use the image(s), photo(s), video(s), text and other information and content referenced, linked, or shown in the Message (the “Content”), including your name, biographical data, remarks, and any photos, images, likenesses, videos, and recordings of you.

You represent and warrant that, to the extent the Content depicts any individual or features the voice or other qualities of any individual, you are the individual pictured, heard, or otherwise featured in the Content, or, alternatively, that you have obtained written permission from each person appearing in the Content to grant the rights to the L&L Parties described in this Agreement, and will make written copies of such permissions available to L&L upon request.

You grant to L&L and the L&L Parties the royalty-free right to use, edit, reproduce, publicly display, distribute, create derivative works from, and publish without restriction, in whole or in part, in perpetuity and throughout the world, the Content, in any present and future media for the purposes of advertising, marketing, promoting, and otherwise contributing to L&L and its products and services, including in or on any L&L website, social media postings or pages, online and offline ads, emails, and retail stores.

You acknowledge that L&L may create materials incorporating the Content (including as edited by L&L or the L&L Parties) concerning L&L and its products and services (the "L&L Works"), and you grant L&L and the L&L Parties the right to incorporate the Content into the L&L Works.  L&L is not obligated, however, to use the Content.

You waive all rights, claims, and interest, if any, which you now have or might later acquire with respect to the Content in relation to the L&L Works.  You release and agree to indemnify and hold harmless L&L and the L&L Parties from all claims and liability in connection with the use and publication of the Content and L&L Works, including any claims and liability arising from any alleged or actual breach of your representations and warranties below. 

You agree that your remarks in the Content (if any) reflect your honest views and experiences, and you agree to immediately notify L&L if such views change in any way.  You also agree to take any further actions (including signing documents) reasonably requested by L&L to confirm such remarks and the license, rights, releases, and permissions in this Agreement.

You agree that the rights granted to L&L or waived by you in this Agreement are perpetual, irrevocable, and effective worldwide, such that L&L may therefore proceed in reliance on them. 

You represent and warrant that:  

• You are at least 18 years old (or the age of majority under applicable law, whichever is older); and
• You own or control all rights in and to the Content or you otherwise have all rights and permissions necessary to grant the license, rights, releases, and permissions in this Agreement, including intellectual property rights and rights of publicity and privacy.

This Agreement will be governed by and construed according to the laws of the State of California, without reference to its choice or conflict of law rules.  The terms “include” and “including” in this Agreement are illustrative and not limiting.