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Photocake Image Content Terms

Please review these PhotoCake® Image Content Terms (“Terms”) before you upload an image (“PhotoCake® Image”) to be used by Baskin-Robbins® franchisees to create a PhotoCake® for you.

The PhotoCake® Image may not contain, and you hereby represent and warrant that the PhotoCake® Image does not contain, any content that:

  • infringes upon the copyrights, trademarks, rights of privacy or publicity, or other rights of any third party; 
  • is defamatory or makes any other false, misleading, or disparaging statements; 
  • violates any law, rule, or regulation; 
  • is sexually explicit or suggestive, obscene, profane, or offensive, derogatory of any ethnic, racial, gender, religious, professional, or age group, or unnecessarily violent; 
  • promotes any particular political agenda or message, promotes any activities that may be unsafe or dangerous, or endorses any form of hate or hate group; 
  • includes alcohol, illegal drugs, tobacco, or weapons; or
  • communicates messages or images inconsistent with the positive images and goodwill with which Baskin Robbins wishes to associate. 
Baskin-Robbins on behalf of its’ franchisees reserve the right to refuse to use a PhotoCake® Image to create a PhotoCake® if it contains any of the above content, as determined by each individually owned and operated Baskin-Robbins location in its sole discretion, or for any other reason.

You hereby grant to Baskin-Robbins and its Franchisees, licensees, successors, and assigns (collectively, the “Baskin-Robbins Parties”) the right and permission to use and exploit the PhotoCake® Image, and any material based thereon or derived therefrom, in any manner, in any and all media (whether now or hereafter known), anywhere in the world, in perpetuity, for the purposes of producing a PhotoCake® which includes the PhotoCake® Image, for no compensation.  You hereby agree to indemnify and hold harmless the Baskin-Robbins Parties from and against any and all claims, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or relating to the PhotoCake® Image.

You agree that you have no claims against the Baskin-Robbins Parties arising out of the PhotoCake® (or any failure to properly produce the PhotoCake®), any use, alteration, or distortion of the PhotoCake® Image, or any unauthorized use of the PhotoCake® or the PhotoCake® Image.

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