We, at Industry West, love to see how our furniture collections, lighting and home décor products and designs are arranged and displayed in our customers’ spaces! We welcome all customers to share photos of our products and designs in their spaces on their social media accounts using the hashtag, #INDUSTRYWEST. If we comment on your social media post(s), it means that we like the way you have arranged our products and designs in your space, and we would like to share your photo(s) for which we have commented (“Photos”) on our website and social media platforms[1]. However, we first need your permission to do so. If you agree with the terms and conditions set forth below regarding our use of your Photo(s), please respond to our comment with the hashtag #YESIW.

Permitted Use
You hereby grant to Industry West and its affiliated entities and their employees, agents, and representatives (collectively, “Industry West”), the irrevocable, unrestricted, royalty-free, perpetual, worldwide right to use, reproduce, publish, and otherwise share your Photo(s), and any corresponding content, photos, videos, comments or other posted information relating to or contained in your Photo(s), including such information which may bear the name, likeness, voice, image and/or other identifiable representation of yourself and/or other persons (collectively, “Content”), on Industry West’s website, https://www.industrywest.com, as well as on any and all social media platforms of Industry West, including, without limitation, Instagram, Facebook, Pinterest, TikTok, and Twitter[2]. You acknowledge and agree that Industry West will have the sole discretion to alter, edit, change, or modify the Content, as it deems appropriate in its commercially reasonable judgment, without the need to obtain your prior approval. [In exchange for the Permitted Use granted by you, Industry West agrees to tag your social media account, from which the Photo(s) were obtained when it shares the Photo(s) on its website and/or social media platforms.] OR [You further acknowledge and agree that the sole consideration for granting the Permitted Use to Industry West is the opportunity to have your Photo(s) and Content appear worldwide on Industry West’s website and social media platforms.] [3]

Representations and Warranties
You hereby represent and warrant the following to Industry West:     

(1) that you own all rights to the Photo(s), or you otherwise have the legal right to grant Industry West the Permitted Use;

(2) that you are the sole author of the Content and own all rights related thereto, or you otherwise have the legal right to grant Industry West the Permitted Use (including, without limitation, the unrestricted and irrevocable authorization to use the name, likeness, voice, image and/or other identifiable representation of any other person included in the Content);

(3) that neither the Photo(s) nor the Content, nor the Permitted Use will, infringe upon any trademark, copyright, right of privacy, publicity, or other intellectual property or other right of any third party;

(4) that you have paid or will pay in full any fees or other payments that may be related to the use of the Photo(s) and/or the Content; and

(5) that you have fully read and understand the terms and conditions contained herein.

Indemnification and Release
You hereby agree to indemnify, defend and hold Industry West harmless from and against any and all claims (whether or not litigated), damages, liabilities, costs, and expenses (including attorneys’ fees, court costs, and related expenses) arising from or related to the Permitted Use granted by you to Industry West and/or any breach of your representations and warranties to Industry West provided hereinabove. You further agree to release Industry West from any and all (1) liabilities associated with the foregoing indemnification, and (2) claims for compensation for the Permitted Use granted hereinabove.

[1] NTD:  Will you also use these photos in other marketing materials?

[2] NTD:  Same as FN 1.  If the photos will be used anywhere else, we will add that here.

[3] NTD:  When a photo is shared on the website or on your social media, will you tag the person you obtained the photo from?