From time to time, HomeGoods, a division of The TJX Companies, Inc., ("Company") may contact users on social media platforms, such as Facebook, Twitter, Pinterest, Instagram, and others, (each a "Social Media Platform") about using their content. For example, if a user posts a photograph of an item he or she purchased from Company on a Social Media Platform, Company may ask in the comments to that photograph or via direct messaging or using an email address provided by user if the user agrees to allow Company to use the photograph in accordance and agreement with these terms and Conditions (the "Terms"). The photograph or other content of the user (including, but not limited to photograph captions and user's Social Media Platform handle) is referred to as "User Content" in these Terms. By agreeing to allow Company to use your User Content, you are agreeing to these Terms and to Company's use of your User Content in accordance with these Terms.
For the good and valuable consideration of the further dissemination of your User Content on one or more Social Media Platforms, which you already disseminated, the receipt and legal sufficiency of which is hereby acknowledged, you hereby irrevocably grant Company, its affiliates, subsidiaries, successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use your User Content throughout the universe, in perpetuity, to promote Company and its products and services in all media and formats whether now or later known or developed, including on any Social Media Platform, without further notice to, consent by, or payment to you. Without in any way limiting the foregoing, Company shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, make derivative works of, or alter the User Content for any purpose that Company deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have therein. Company shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity.
You agree that Company shall have the right, but not the obligation, to use your name, voice, likeness, and image, along with your address (city and state) and any statements made by or attributed to you relating to your User Content or Company on any Social Media Platform, in perpetuity and throughout the universe for advertising, marketing, publicity, and promotional purposes to promote Company and its products and services, in all media, including but not limited to on any Social Media Platform, without further compensation. You agree that you will make no claim of any kind against Company as a result of any of the uses described above, and irrevocably and unconditionally waive and release Company from any and all claims, demands, and liabilities of any kind or nature whatsoever arising out of or in connection with such use including, without limitation, any and all claims, demands, or liabilities for invasion of privacy, infringement of the right of publicity, defamation (including libel and slander) and any other personal and/or property rights.
You represent and warrant as follows: (i) you are at least eighteen (18) years of age and not a minor; (ii) the User Content is your own original work or, if the User Content or any component thereof is owned in whole or part by anyone other than the user (for example, if the User Content was created by a photographer other than the user), you shall, prior to agreeing to these Terms and Conditions, obtain consent from the owner of such materials for the User Content to be used by the Company; (iii) you have obtained consent from all persons whose image, name, likeness, voice or other identifiable characteristics are included in the User Content; (iv) the User Content does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with you, and as of the date of submission to Company, is not the subject of any actual or threatened litigation or claim; (v) the User Content does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (vi) the User Content does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.
You agree that Company and any Social Media Platforms shall not be responsible or liable for any losses, damages, or injuries of any kind resulting from Company's use of your User Content in accordance with these Terms. You hereby release Company and any Social Media Platforms from and against any liability, including, resulting from Company's use of your User Content in accordance with these Terms.