When submitting photos to Chicco USA
To begin, you may know us as Chicco USA or, more simply, Chicco. Our official company name is actually Artsana USA, Inc. For convenience sake, we will refer to ourselves collectively as just “Chicco.”
Chicco is interested in the Images that You recently published through one or more third-party sites or platforms. Chicco would like to request Your permission to use and share Your Images. Please review these Terms to decide whether You are willing to grant Chicco the rights and permissions listed below.
It is very important to know that if you do not understand and agree with everything listed below, then You must not provide Your consent.
When you submit an Image to Chicco USA, that means that You agree to the terms and conditions of use which are set out below (the “Terms”). We are talking about photos which we will refer to as “Images,” and we include in our definition of “Images” any picture, graphic, drawing, image, illustration, text, video recording, sound recording, or other material that You have posted online or through social media platforms or sent Chicco through any other means. To be clear, we refer to you as “You” (or “Your”) as the holder of individual rights in the Images that are the subject matter of these Terms.
If you agree to allow Chicco to use and share your Images, Chicco would not claim ownership rights in Your Images, but Chicco would be allowed to use the Images as explained below. Please understand that by agreeing to these Terms, You grant rights to Chicco as licensee, along with its parent, affiliates, subsidiaries, successors and assigns, an irrevocable, paid up, non-exclusive, worldwide, sub-licensable, transferable and royalty-free license to use the Images for the purpose of marketing, distributing and selling products or services, or for other promotional or informational purposes, including but not limited to use in social media, website, mobile application, and email, for an unlimited perpetual term. In using the Images, Chicco may choose to alter and edit the Images and You will not have any say in such alterations. If you accept these terms, you will simply not have any control over how the images are used or who will see the Images.
Ownership of the Images: As between You and Chicco, You are and will remain the owner of the Images. Your agreement to these Terms is Your promise to Chicco that you have not stolen the Images from anyone and that you are not improperly using the Images. Specifically, You represent, warrant and covenant to Chicco that You own all of the right, title and interest, including all copyright rights, in and to the Images that you submit to Chicco and that the Images do not breach, infringe, or negatively affect any other party’s rights in any way, including intellectual property rights, and that no other party has any rights to the Images, including what are known as “moral rights.”
Chicco’s Right to Use the Images: It is important to understand that even though you retain ownership of the Images, you are automatically granting, and do grant to Chicco a perpetual, worldwide, non-exclusive, fully paid-up, fully transferable license to use (which also includes the rights to copy, display, perform, publish, modify, adapt and translate) the Images in all forms and all media (known as the “License”). With such rights, Chicco has the right to possess, use and display the Images anywhere and through any means and such rights will never expire without owing You any money or other compensation for such rights. Such rights also allow Chicco to allow others to possess and use the Images.
Persons Appearing in the Images: You also represent and warrant that any persons appearing in the Images are either at least 18 years of age or You have obtained any necessary releases from any person(s) appearing in the Images or, if such persons are minors, You have obtained the authorization and release from a parent or legal guardian of any such person(s) (or are the parent or legal guardian) under the age of 18 who appear in the Images.
Waiver: You further forever waive rights with respect to attribution of authorship or integrity of materials regarding the Images that You may have under any applicable law under any legal theory. You also waive, discharge, and agree to hold Chicco harmless for any and all claims against Chicco for payment, or claims relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity, or any other claim arising out of the use of the Images.
Disputes: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. Any dispute or claim relating in any way to these Terms will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Acceptance: By replying #yeschiccousa, You unconditionally accept these Terms and these Terms shall constitute the entire understanding of the parties with respect to the subject matter herein. This License may not be amended or rescinded except by a writing signed by the parties, and removing Your consent from the platform on which it was originally provided shall not serve to void, terminate, or alter these Terms or the enforcement thereof. This License shall be binding upon and inure to the benefit of the parties and their respective successors and heirs. IF YOU DO NOT OWN OR HAVE AUTHORIZATION TO GRANT THE RIGHTS AND PERMISSIONS DESCRIBED HEREIN AND/OR DO NOT WANT TO GRANT CHICCO SUCH RIGHTS, DO NOT ACCEPT THESE TERMS.