Content License Agreement

This content license agreement (“Agreement”) is a binding legal agreement between You and Microsoft Corporation (“Microsoft”). Pursuant to this Agreement, You will retain ownership of the photo or other content at issue (the “Post”), but will grant permission to Microsoft to use the Post as described further below. This Agreement will be effective as soon as it is accepted by You.

For good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, Microsoft and You agree as follows:

Grant. You hereby grant Microsoft a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, transferable, sublicensable right and license to reproduce, distribute, publicly display, publicly perform, create derivative works from, edit, and otherwise use the Post in all media now known or here after invented. You understand that Microsoft is not obligated to use the Post, and will not be providing you with monetary compensation.

Attribution. At its discretion, Microsoft may provide attribution to You in connection with its use of the Post, and may choose to provide a link to the Post on the source network (e.g. Instagram, Facebook, Twitter). You grant Microsoft the right to use Your name, username, profile image/icon, pseudonym, and image in connection with Microsoft’s use of the Post, and forever release Microsoft and its affiliates, officers, directors, employees, agents, and advertisers from any and all claims associated with such uses, including, without limitation, claims arising from rights of publicity, rights or invasion of privacy, defamation, copyright, or trademark.

Representations and Warranties. You represent and warrant that each person depicted in the Post has provided consent to the use of the person’s image/likeness, and that the Post is: Your original work; will not violate any third party intellectual property rights (including copyright, patent, trade secret, and trademark), or other third party proprietary, privacy, personal or publicity right; and is not misleading, false, libelous, defamatory, obscene, unlawful, or injurious to any third party. You also represent and warrant that you are 18 years of age or older. You will fully cooperate with Microsoft in responding to and defending against any third-party claims related to the Post.

Miscellaneous. This Agreement constitutes the entire agreement between You and Microsoft regarding the Post, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Microsoft, and You and Tint/Hypemarks, Inc. You understand that Microsoft is conducting activities in express reliance upon the terms of this Agreement. This Agreement shall be governed by the laws of the State of Washington without regards to it conflict of laws provisions.