Craiks Creek User Generated Content Terms of Use

We kindly ask that you read these Terms of Use with care and consideration before giving your approval. By replying #CraiksCreekYes in response to a request from or on behalf of CRAIK LLC (“Craiks Creek”), You assent to the terms and conditions of use set forth below (“Terms”). “You” or “Your” refers to the individual rights holder of the Content that is the subject matter of these Terms.

CRAIK LLC and its affiliates and subsidiaries (collectively “Craiks Creek”), is interested in the content recently published by You through one or more third-party sites or platforms, and would like to request Your permission to share Your content. Please review these Terms to determine whether You wish to grant Craiks Creek the rights and permissions set forth herein.

As used herein, the term “Content” shall refer to any picture, graphic, drawing, image, illustrations, text, video recordings, sound recordings, or other material You have posted online or through social media platforms.

Craiks Creek does not claim ownership rights in Your Content. However, by agreeing to these Terms, You hereby grant to Craiks Creek as licensee, and its parent, affiliates, subsidiaries, successors and assigns, an irrevocable, paid up, non-exclusive, world-wide, sub-licensable, transferable and royalty-free license to use, display, edit, modify and reproduce the Content 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, and email, for a perpetual term. You understand that Craiks Creek may edit the Content for marketing purposes.

By agreeing to these Terms, You hereby warrant and represent that: (a) You are the sole owner of the Content, including but not limited to, all copyright rights therein; (b) You have the authority to agree to these Terms and provide the rights granted hereby; (c) You and any persons appearing in the Content are U.S. residents; (d) You and any persons appearing in the content are at least 18 years of age or the age of majority and you have obtained any necessary releases from any person(s) appearing in the Content or, if such persons are minors, You have obtained the authorization and release from a parent or legal guardian of any such person(s) under the age of 18 who appear in the Content or You are the parent or legal guardian of any such persons and by agreeing to these Terms You are providing the necessary permission to feature such persons in the Content; (e) this License does not infringe any third party’s rights; (f) there are no pending or threatened lawsuits concerning any aspect of the Content; and (g) You have obtained any necessary releases from the owner of any property in the Content and the consent or permission of no other party is required in connection with the use of the Content.

You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the Content that You may have under any applicable law under any legal theory. You hereby waive, discharge, and agree to hold Craiks Creek, its parent, including its affiliates, subsidiaries, successors and assigns, harmless for any and all claims against Craiks Creek, including its affiliates, subsidiaries, successors and assigns, 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 Content.

Please see our Privacy Policy for information regarding the collection and use of personal information: https://craikscreek.com/privacy-policy.

Any dispute or claim relating in any way to these 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 #CraiksCreekYes You unconditionally accept these Terms and these Terms shall constitute the entire understanding of the parties with respect to the subject matter therein. 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 CRAIK LLC. SUCH RIGHTS, DO NOT ACCEPT THESE TERMS.

Procedure for Copyright Infringement Claims

CRAIK LLC and its affiliated companies respect the intellectual property of others. If you believe that material accessible on this website or through this service infringes one or more of your copyrighted works, you can request to remove the allegedly infringing material by providing a Notification of Claimed Infringement (“Notification”) in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”).

Notification must be submitted to the following email: [email protected]

To be effective, the Notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material; 4. Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a valid Notification, Craiks Creek will promptly remove or disable access to the allegedly infringing material, shall forward the Notification to the alleged infringer, and will take reasonable steps to notify the alleged infringer that it has removed or disabled access to the material. Craiks Creek will comply with any valid counter-notification submitted to it as provided under the DMCA.

WE CAUTION YOU THAT IF YOU INTENTIONALLY GIVE FALSE INFORMATION, CLAIMING THAT SOMETHING IS AN INFRINGEMENT WHEN IT’S NOT, YOU COULD FACE SERIOUS CONSEQUENCES, INCLUDING CIVIL PENALTIES, BEING TAKEN TO COURT IN A CIVIL LAWSUIT, AND EVEN CRIMINAL CHARGES FOR PERJURY.

Important: This information is only for those who need to report copyright infringement under the DMCA. If you have any other questions or requests, you won’t get a response using this process. Also, please don’t consider the information on this page as legal advice.