Permission to Use Content Agreement

Aloha from Maui Jim!

Mahalo (Thank you) for sharing your post, we love your image, video or other content and would like to feature your content on our website. As you consider allowing us to publish your content, we want to make sure you know exactly how we intend to use it.

You can provide your permission for Maui Jim, Inc. and Maui Jim USA, Inc. (together, “Maui Jim Sunglasses”) to use your content by replying to our social media post (e.g. Instagram, Twitter or other) with #accept or #agree by uploading the content directly. By providing your permission, you represent and warrant that you are of legal age and own the content (avatar, text, profile, images and videos), all necessary right and title and that there are no other entities with ownership claims over it. You represent and warrant that the content is free of any virus, corrupt file or other forms of malicious code or content that may cause harm to a website or electronic device.

You grant Maui Jim Sunglasses a non-exclusive, and perpetual commercial right to store, use, reproduce, and modify the content in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, website, in social media channels, applications and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation.

You agree that your content may be used intact or in parts by Maui Jim Sunglasses or by others under Maui Jim’s direction to create derivative works either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter or other photographs. You grant Maui Jim Sunglasses the right to use your name including but not limited to your Instagram handle and any caption or comment in connection with the image that we asked you to use, and to provide links back to your content and accounts in connection with the content. While Maui Jim Sunglasses may acknowledge that you provided the content, you agree that no such acknowledgement is mandatory and your permission for Maui Jim Sunglasses to use your content is not contingent on any such acknowledgement or credit being given.

You waive any right to inspect and/or approve the finished work incorporating the content or the advertising copy that may be used in connection therewith or the use to which the content or said finished work may be applied. Further, you waive any claims to royalties with regards to your content or our finished work.

Last, you agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of this Permission to Use Content Agreement shall remain in full force and effect. This Permission to Use Content Agreement shall be governed by the laws of the state of Illinois.

If you don’t agree to these terms, no further action is required. We are thrilled to see Maui Jim Sunglasses as a part of your page and look forward to seeing any new content you post as well.

Mahalo again and please email us at socialmedia@mauijim.com if you have any questions or if you disagree with our use of the content or think we used the content without your consent or in violation of your rights.

DATA PROTECTION

When and If you agree to the license terms you are providing explicit consent for the processing of you data in line with General Data Protection Regulation (GDPR). If the content provided by you contains personal data (e.g. image, name etc. of you and/or other natural person, Maui Jim Sunglasses may process this personal data accordingly when exercising the right of use granted to the content as described in the Direct Marketing Association’s “Privacy Promise to American Consumers” as well as to protecting information covered by European Data Protection Directive 95/46/EC, European Directive 2009/136/EC, their replacements (including European Union General Data Protection Regulation (GDPR)), and other applicable data protection legislation (collectively, the “Data Privacy Laws”)

Mahalo Nui Loa!