USE OF CREATOR CONTENT TERMS AND CONDITIONS

Momo Orchard Holdings, Inc. (together with its affiliates, collectively referred to as “Momo”) reaches out to social media users to ask their permission to feature their content in our promotional materials, advertisements, campaigns, and social media channels. You are reading this because Momo has reached out to you to request your permission to use that content created and publicly posted by you (the “Your Content”). These Use of Creator Content Terms and Conditions (the “Terms”) shall govern Momo’s use of Your Content on the terms and conditions set forth below.

THIS IS A BINDING CONTRACT. By replying “Yes, I agree to the Terms” or otherwise indicting your consent to be bound by these Terms, you are entering into an agreement with Momo and agree to be bound by these terms and conditions. 

You hereby irrevocably grant to Momo a worldwide, perpetual, fully-paid and royalty-free, transferable, sublicensable license to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use, Your Content for marketing and advertising purposes, including, without limitation, on its webpages and social media pages, in promotional e-mails and advertisements, in any media now or hereafter known (the “License”).

You acknowledge and agree that you have no right to review or approve Momo’s use of Your Content, and that Momo has no liability to you for any editing or alteration of Your Content. Any credit or other acknowledgment of you in connection with Momo’s use of Your Content, if any, shall be determined by Momo in Momo's sole discretion. Momo has no obligation to create or use Your Content, or to exercise any rights given by these Terms.

In connection with the License, you further grant Momo the right to use your photo, name, social media handles and usernames, voice, video recordings, and other identifying information (your “Image”) in connection with any use of Your Content. 

You acknowledge and agree that:

  • Your Content was created solely by you and that you own or control all rights in and to Your Content;
  • You are eighteen years or older;
  • You have the full right, power and authority to grant the rights set forth in these Terms;
  • Momo’s use of Your Content will not infringe any third party intellectual property or privacy rights, or violate any applicable laws, rules or regulations; and 
  • That Momo’s use of Your Content does not require any licenses or consents from any third party.

In exchange for the intangible value you will gain by participating in Momo’s publicity programs, and other good and valuable consideration, the receipt and sufficiency of which you acknowledge, you give Momo your permission to use Your Content and your Image for such purposes according to these Terms (the “Release”).

BY INDICATING YOUR CONSENT TO THESE TERMS, YOU HEREBY FOREVER RELEASE MOMO FROM ANY AND ALL LIABILITY THAT MAY ARISE DIRECTLY OR INDIRECTLY FROM THEIR USE OF YOUR CONTENT AND YOUR IMAGE, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR COPYRIGHT OR TRADEMARK INFRINGEMENT, INFRINGEMENT OF MORAL RIGHTS, INVASION OF ANY RIGHTS OF PRIVACY, VIOLATION OF RIGHTS OF PUBLICITY, OR ANY SIMILAR CLAIM OR CAUSE OF ACTION, AND YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST MOMO.