User Generated Terms and Conditions
By responding with #yesCBTL on social media, or by otherwise uploading, posting or submitting content to the websites, mobile applications and other online products and services (collectively, our “Services”) provided by International Coffee & Tea, LLC d/b/a The Coffee Bean & Tea Leaf® (“Company”), you agree to and accept the following User Generated Terms and Conditions:
- User Generated Content
You grant, and agree to grant, Company and its affiliates the unrestricted, royalty-free, perpetual, sublicenseable, transferable, worldwide right and license to use, display, reproduce, modify, transmit, publish, and distribute your social media photograph(s), video(s), account name or handle, and any other content you upload, post, or submit to the Services for any purpose whatsoever in any and all media (in either case, now known or developed later). This includes, among other things, the right to reproduce, distribute, alter, and edit your photos or videos without your approval and without additional consideration. Company does not have any obligation to use or exploit your content.
- User Name & Likeness
To the extent you appear or are mentioned in any content submitted to Company or that Company is otherwise authorized to use, you grant Company the unrestricted, worldwide, royalty-free, perpetual right and license (with the right to transfer or sublicense) to use your name, likeness, voice, and all other aspects of your persona for the purpose of operating, developing, providing, promoting, advertising, and improving Company or any products or services provided by Company or its sublicensees (in either case, now known or developed later). This means, among other things, that you will not be entitled to any compensation from Company, its affiliates, or its business partners if your name, likeness, or voice is used in Company’s promotions, whether on Company’s website, social media channels, or otherwise.
- Representations and Warranties
You represent and warrant that you own or control the rights to the content you have submitted and that you have permission from any person(s) appearing in the photos or videos. Furthermore, you certify that you are an individual (i.e., not a corporation or business entity), you are at least 18 years of age or have consent of your parent or guardian, and that the content submitted by you does not violate any rights of a third party or any applicable law, rule, or regulation.
- User Responsibility and Indemnification
You are solely responsible for your content. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold Company, its directors, officers, employees, agents and affiliates (collectively, the “Company Parties”) harmless from any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to your photos or any other content you upload, post, or submit. You agree to promptly notify Company of any third party Claims, cooperate with Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims.
- Consent to Transact Electronically
You consent to contract and transact electronically. To be clear, you will be deemed to have consented to the terms of these User Generated Terms and Conditions by responding with #yesCBTL on social media, or by otherwise uploading, posting or submitting content to the Services.
- General Terms and Conditions
You also agree to be bound by Company’s Terms of Use, which is available at www.coffeebean.com/terms-of-use. In the event of a conflict or inconsistency between the Terms of Use and these User Generated Terms and Conditions, these User Generated Terms and Conditions shall govern and control. If you do not agree to the Terms of Use or these User Generated Terms of Use, do not submit Content, access or use the Services, or order, receive or use products made available through the Services.
