Acceptable Use Terms

By submitting your photographs, videos, texts, graphics, questions, comments, suggestions, data and the like (collectively, “User Content”) to Waymakers (“we,” “us,” or “our”) through the website (“Site“), any social media platform or any of Waymakers’ applications, you are representing that you accept and agree to these Acceptable Use Terms and the terms of Waymakers’ Terms of Use and Privacy Policy and that you will comply with all of the requirements of each policy, and that you are at least eighteen (18) years of age or have consent from a parent or guardian if otherwise. In addition, to the extent your User Content is displayed on the Site,  any of our social media platforms or other marketing, promotional and advertising initiatives, you also will be subject to any additional terms of use, agreements, guidelines or rules provided by Waymakers applicable to such Site, platforms and initiatives, and you hereby agree to be bound by such other terms, agreement, guidelines or rules. If you do not agree to these Acceptable Use Terms, you should not submit User Content.

In submitting User Content, you agree you will not: 

  • Submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; 
  • Post advertisements or solicitations of business or employment; 
  • Impersonate another person; 
  • Submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Waymakers all of the license rights granted herein;
  • Submit material that is unsuitable for minors in any country; or 
  • Submit material that is malicious or destructive in nature, or contain a virus, malware or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information.

Waymakers reserves the right, but has no obligation, to refuse to post, block or remove User Content from the Site, our social media platforms or other marketing, promotional and advertising initiatives for any reason in its sole discretion. Waymakers may terminate your access to or use of our Site to prevent further posting or distribution of your User Content.

As between you and us, you represent that you own all User Content, or have the rights and permissions to provide us with the User Content. You hereby give up all intellectual property rights, including any moral, publicity and privacy rights you have in any User Content. By providing us with User Content you agree Waymakers is free to use the User Content, without limitation and without any payment, royalty or compensation of any kind to you or anyone else, for any purpose whatsoever and in identifiable or de-identifiable form, including but not limited to posting on our webpages, social media platforms and in any and all other marketing, promotional and advertising initiatives. Waymakers and its designees will be free to copy, disclose, distribute, incorporate, modify, create derivative works, exploit, publish and otherwise use User Content and all data, images, sounds, text, and other things embodied therein for any and all purposes. By submitting the User Content you agree to also allow us to feature personal information in connection with any use of your User Content, such as your name, voice, likeness, photograph, username, social media handle, accompanying text and other identifying information; however, we have no obligation to attribute any authorship in the User Content to you. Information you submit with User Content is subject to our Privacy Policy and Terms of Use. The foregoing paragraph will survive the termination of these Acceptable Use Terms and your use of the Site.

User Content does not reflect the views of Waymakers, and we are not responsible or liable for or in connection with any User Content. If you believe any content, including User Content, residing on the Site or displayed or used in connection with the #BetterWay campaign infringes any person’s or entity’s copyright rights, please refer to the section entitled “Copyright Policy” within our Terms of Use.

Any User Content submitted to us through a social media service must be submitted in accordance with all terms and conditions of the applicable social media service. You are responsible for your registration, use, and any costs related to your use, of any third party service used to submit User Content, and Waymakers will not have any responsibility therefore. You hereby release Waymakers from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your User Content, including, without limitation, any and all liability for any permitted use or nonuse of your User Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. YOU UNDERSTAND THAT THIS INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the release herein, which includes claims which may be currently unknown to you, you acknowledge that you have read and understand Section 1542 of the California Civil Code, which reads as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

You agree to indemnify, defend and hold harmless Waymakers, its officers, directors, employees, agents, affiliates and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of any User Content, your violation of any of these Acceptable Use Terms or Waymakers’ Terms of Use, or your violation of any rights of a third party, your violation of any applicable laws, rules or regulations, from our removal of your User Content from the Site, our social media platforms or other marketing, promotional and advertising initiatives. Waymakers reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Waymakers in asserting any available defenses.

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