Flying Embers sometimes reaches out to social media users on third party websites and platforms including but not limited to Instagram, Facebook, TikTok, Pinterest, YouTube, Snapchat, and Twitter (“Third Party Platforms”) to seek their permission to feature our favorite content on our various sites, social channels, and promotional materials. You are reading this because Flying Embers has requested your permission to use your social media content in this way.

By replying to our message on the relevant Third Party Platform with "I agree” you allow us to use the social media content we have reached out to you about using (“User Content”) as set forth in these Terms of Use, including for promotional purposes.

Flying Embers and its service providers facilitate the collection and transmission of User Content to the Flying Embers websites (including www.flyingembers.com) (the “Site”), social media channels, promotional materials and other properties (collectively, “Flying Embers Properties”), and in Flying Embers’ product features, marketing, promotional, advertising and other consumer-related activities (the “Flying Embers Services”).

Flying Embers reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorization to feature your User Content.

USER CONTENT LICENSE

You hereby grant to Flying Embers and its affiliates, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including on the Flying Embers Properties and Flying Embers Services, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.

You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.

You hereby represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby release, discharge, and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. You consent to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not provide the Licensed Parties with personal information. The Licensed Parties reserve the right not to use and to remove any User Content from the Flying Embers Properties and Flying Embers Service at any time, for any reason or no reason. If you believe any content, including User Content, residing on the Site or on the Flying Embers Properties or displayed or used in connection with the Flying Embers Services infringes any person’s or entity’s copyright rights, please contact us at help@flyingembers.com.

Last updated: January 11, 2023