Hey - glad you came by. We at got2b are really delighted to see how much you like our products. We assume you are here because we´ve marked your photo or video (“User Generated Content” - “UGC”), the reason for this being that we´d like to request the right to use and share your UGC across our marketing channels.
Thank you very much for considering our request!
1) We periodically get in touch with our community to request their permission to reproduce and integrate our favorite UGC for example in our website, email, social media, in-store or to use it for other marketing purposes.
If you grant us your permission to use your UGC in the extent described below, we will post your account name on our website, social media or e-commerce channels to make sure people know, whose great UGC that is. We would also effort to post your account name when using your content in other marketing channels.
2) By responding to this usage rights request with the hashtag #yesgot2b you are agreeing to the following licensing terms:
GRANT OF RIGHTS
You hereby grant to us and our affiliates a non-exclusive, royalty-free, worldwide and perpetual right to use your UGC for all marketing purposes, online and offline, especially in advertisements, for example our catalogs, in store, email and all other communications including business to business as well as business to consumer relationships, in all digital media today known or to appear in future (including website, social media like Instagram, TikTok, YouTube, Facebook, Pinterest), downloads, apps, intranet, in all e-commerce tools and portals, especially to safe, reproduce, display, distribute, make publicly available and - while respecting Section 14 German copyright act - alter your UGC (“License”). You especially agree that we may edit, adapt, modify, crop, resize, reformat, shorten, combine, overlay, subtitle, translate, add or remove text, graphics, filters, effects, music, sound recordings, voice-over or other audio, and otherwise adapt your UGC for any media, platform, territory and marketing purpose covered by this License.
To the fullest extent permitted by applicable law, you consent to such acts and waive, and agree not to assert, any moral rights, performers’ rights, rights of integrity, attribution rights or similar personal rights in relation to our use of the UGC. Where such rights cannot be waived, you consent to our use, editing and adaptation of the UGC as described above, provided that we do not intentionally use the UGC in a manner that is unlawful or objectively prejudicial to your honour or reputation.
The License is:
- “non-exclusive” meaning you may use the UGC for your own purposes or let others use your UGC for their purposes;
- “royalty-free” meaning free of any charges. We do not owe you anything in connection with our use of your UGC;
- “perpetual” meaning that you grant us the license for an indefinite period of time;
- “worldwide” meaning we may exercise our rights anywhere in the world.
Our “Affiliates” are limited to our distribution partners, customers such as hairdressers using our products, agencies, service providers and affiliated companies pursuant to Section 15 of the German Stock Corporation Act.
We are entitled to use your name in connection with the UGC, but we are not obliged to. Your moral rights under applicable law remain unaffected.
If the UGC is used by a third party, we cannot assume any liability for it.
YOU PROMISE US
- that you have the right to grant us the License in the extent described above;
- that you have permission from all person(s) pictured in your UGC, that the UGC in which they are pictured can be used in the extent described above;
- that you have paid and will pay in full any fees or other payments that may be related to the use of your UGC;
- your UGC does not infringe any legal rights of any third party, for example intellectual property rights or privacy rights, nor is it otherwise considered unlawful;
- your UGC complies with transparency requirements under the EU AI Act – meaning that you have been sufficiently transparent about the use of AI in the creation of your UGC;
- you as an individual are at least eighteen (18) years of age or as a legal representative agree to the License in the extent described above.
We reserve the right to stop using your UGC for any reason and remove it from our marketing channels without any notification or replacement.
To this agreement GERMAN Law (to the exclusion of the UN Convention on Contracts for the International Sale of Goods) is solely applicable. If you are a consumer, this choice of law is only applicable insofar, as mandatory consumer laws in the state where you have your usual whereabouts remain unaffected.
If you are a merchant, an entrepreneur within the meaning of Section 14 of the German Civil Code or a legal person under public law or a special fund under public law or you have no residence in Germany or your whereabouts are unknown, the exclusive - and international - place of jurisdiction for all legal disputes because of or in connection with this agreement is our place of business.
If any provision of this Agreement is or becomes invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic intent of the parties. The same applies in the event of any contractual gaps.