Terms of Use - User Generated Content:
By commenting or replying with the hashtag #YesBR in response to a comment from Baskin-Robbins official accounts, you accept the following terms.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I grant to Dunkin' Brands, Inc. (“DBI”) and its parents, subsidiaries, affiliates, agents, licensees, designees, successors, and assigns (collectively, the “Permitted Parties”) the unlimited right and permission to use, distribute, publish, exhibit, digitize, broadcast, display, reproduce, publicly perform, and otherwise exploit my social media post, including, without limitation, any text, photos, videos, music, sounds, and other content posted by me and my social media handle, name, nickname, picture, likeness, and biographical information (collectively, the “Post”), and any elements thereof, and any material based thereon or derived therefrom, edited or altered as the Permitted Parties see fit, together with any other material (including, without limitation, fictional material), in any manner, in any and all media whatsoever (whether now or hereafter known), throughout the world, in perpetuity, for any lawful purposes, including, without limitation, for purposes of advertising or trade. I understand that Permitted Parties shall be under no obligation to exercise the rights granted herein.
I shall have no right to approval, claim to compensation, or claim arising out of any use or exploitation of the Post. I hereby waive the benefit of any rights of droit moral or similar rights anywhere in the world. I certify that the Post is truthful and accurate and reflects my honest opinions, findings, beliefs or experiences. I agree to notify DBI immediately of any change in these views. I also agree that any views expressed in the Post were stated without any prior promise of payment or other benefit, and without any expectation of payment or benefit in return for giving my views. I represent and warrant that no material connection (i.e., any relationship that materially affects the weight or credibility of my views that would not be reasonably expected by consumers) exists between me and any Permitted Party.
I further represent and warrant that: (a) I am at least 18 years of age; (b) I am the sole creator of the Post; (c) if the Post includes any photos or videos, I am the photographer or videographer of the photos and videos or I have secured the rights from the photographer or videographer necessary to allow me to grant the rights granted herein; (d) if the Post includes any photos or videos of any people, I have secured the rights from all such people necessary to allow me to grant the rights granted herein; (e) if the Post contains any music, sounds, or other material, such music, sounds, and other material were created by me or I have secured the rights from the creators of such material necessary to allow me to grant the rights granted herein; (f) the use of the Post as permitted hereunder will not violate or infringe upon the rights of any third party or cause the Permitted Parties to incur any fees; (g) I have the full and exclusive right and authority to enter into this agreement and this agreement does not conflict with any existing commitment on my part; and (h) there is nothing in my personal background that may reflect negatively on DBI.
I will not use, or disclose to any third party (including, without limitation, on any social media platform), any trade secrets or confidential information of the Permitted Parties, including, without limitation, the fact that I have been contacted by DBI, this agreement, or the fact that the Post may be used in advertising.
This agreement shall be governed by the laws of the State of Massachusetts applicable to contracts executed and performed entirely therein. Any dispute or controversy arising out of or relating to this agreement shall be brought exclusively in the state or federal courts located or having jurisdiction in Massachusetts, and I irrevocably submit to the jurisdiction of such courts and agree to waive any objection based on improper venue or based on that such courts are an inconvenient forum for the resolution of such action.
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