Usage rights inquiry
Hey – great that you stopped by! We, Kloster Kitchen, are absolutely delighted that you like our products so much! We discovered your photo/video on Instagram and simply have to ask if we can share your post on our homepage and other marketing platforms. That's why we would like to ask you for the rights to your UGC ("User Generated Content"). Thank you for considering our request!
1) From time to time, we contact our customers to ask for permission to reproduce our favorite UGC and integrate it into our website, emails, social media, and in-store, or to use it for other marketing purposes.
If you allow us to use this photo to the extent described below, we will also mention your account name on our website so that everyone knows whose great UGC it is. We would also endeavor to post your account name when we use your photo in other marketing channels.
2) If you respond to this usage rights request with the hashtag #yesklosterkitchen, you agree to the following licensing terms:
PERMISSION FOR USE
You hereby grant us and our partners the non-exclusive, royalty-free, perpetual and worldwide right to use your UGC for all marketing purposes, online and offline, in particular in advertising, e.g. in catalogs, in-store, emails and other communication to both businesses and consumers, in particular to store, reproduce, display, distribute, make publicly accessible and - subject to § 14 Copyright Act - to modify and edit your UGC ("License").
The license is:
- "non-exclusive," meaning you may use your UGC for your own purposes and may allow others to use your UGC for their purposes;
- "royalty-free," meaning without charge. We owe you nothing in connection with the use of your UGC;
- "perpetual," meaning you grant us the license indefinitely;
- "worldwide," meaning we may exercise the license anywhere in the world.
Our "partners" are exclusively our partner shops, resellers, and affiliated companies within the meaning of § 15 German Stock Corporation Act (Aktiengesetz).
YOU PROMISE US
- that you have the right to grant us the license to the extent described above;
- that you have obtained permission from all persons depicted in your UGC for the UGC in which they are depicted to be used to the extent described above;
- that you have fully paid all license fees or other remuneration that may be associated with your UGC;
- that your UGC does not violate any third-party rights, e.g., intellectual property or personality rights;
- that as a natural person, you have reached the age of eighteen (18) or, as a legal representative, you agree to the license to the aforementioned extent.
We reserve the right to cease using your UGC at any time and without notice and to remove it from our marketing channels without replacement.
This agreement is exclusively governed by GERMAN law, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which you have your habitual residence is not withdrawn. If you are a merchant, an entrepreneur within the meaning of § 14 BGB, or a legal entity under public law or a special fund under public law, or you do not have a general place of jurisdiction in the Federal Republic of Germany, or your domicile or habitual residence is unknown at the time the lawsuit is filed, the exclusive – including international – place of jurisdiction for all disputes arising from or in connection with this agreement shall be our company's registered office.
Further information:
Do you have any questions? Please contact our team via the contact form or by phone at +49-9151-966904-0.
