Terms and Conditions

Thank you for allowing us to share your content! By responding to our request in any affirmative manner, including replying with a hashtag supplied by one of our social media accounts, emails, or other communication, or by uploading content to our websites, mobile sites, or social media sites, including without limitation images, text, designes, illustrations, photographs, videos, testimonials, reviews, or other intellectual property ("User Content"), you ("User") are agreeing to the following User-Generated Content and Testimonial Terms and Conditions ("UGC Terms").

These UGC Terms apply to .Powermate, LLC and its subsidiaries' and affiliates' (collectively, "Powermate's") use and/or distribution of certain User Content, including without limitation use on Powermate's various websites, social channels, TV broadcast, mobile apps, and other promotional initiatives (collectively, "Promotional Channels").

By agreeing to these UGC Terms User provides Powermate with permission to use User Content in accordance with these UGC Terms. If User is entering into this Agreement on behalf of an organization or entity, User represents that User has the authority to do so. Powermate reserves the right to modify these UGC Terms without advance notice by posting a revised version of these UGC Terms, which modifications will be effective immediately. Accordingly, User should review the UGC Terms on a regular and frequent basis. User consents to and acknowledges the use of and processing of any personally identifiable information associated with User Content by Powermate or its sublicensees and/or brand partners in accordance with Powermate's Privacy Policy.

USER CONTENT LICENSE

User shall at all times retain ownership of User Content.

User hereby grants to Powermate and its executives, employees, affiliates, related companies, agents, licensees, sublicensees, brand partners, production partners, social media platforms, contractors, successors, legal representatives, assigns, third-party service providers and their respective brand 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 and license to use, publish, broadcast, transmit, distribute and re-post (i) User Content and (ii) User's username, name, voice, image, likeness or other identifying information ("Name and/or Likeness") as the same appears in connection with your User Content, in any manner to be determined in the Licensed Parties' sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, 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 User Content in any manner in their sole discretion, with no obligation to you whatsoever.

No use of the User Content or User's Name and/or Likeness related to the User Content need be submitted to User for any approval for use by the Licensed Parties.

Notwithstanding the above, the Licensed Parties will have no obligation to make any use of any of the rights granted by User. The Licensed Parties may choose to use, use and stop using, reuse or not use User Content or User's Name and/or Likeness at any time. The Licensed Parties' use of User Content or User's Name and/or Likeness does not imply any endorsement of or any affiliation with User. User hereby waives any right to inspect or approve any use of the User Content or Name and/or Likeness by the Licensed Parties as permitted hereunder.

USER'S REPRESENTATIONS User represents and warrants that:

(i) User is not a minor or User is the parent/guardian of all minors depicted in User Content, if any.

(ii) User has the full right, power and authority to grant the rights described in these UGC Terms;

(iii) User owns all rights in and to the User Content and User's Name and/or Likeness and/or has 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 and Name and/or Likeness, such that you have all necessary licenses, rights, consents and permissions to publish the User Content and Name and/or Likeness and to grant the rights granted herein, including permission from all person(s) appearing and/or performing in the User Content;

(iv) the Licensed Parties' use of User Content and User's Name and/or Likeness as described herein will not violate the rights of any third party, or any law, rule or regulation, including but not limited to consumer protection, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights and laws;

(v) the User Content and Name and/or Likeness is not confidential, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful; and User hereby fully releases, discharges, and agrees to hold the Licensed Parties, and any person or entity acting on their behalf, harmless from any liability related in any way to the Licensed Parties' use of User Content and User's Name and/or Likeness.

If requested, User will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights User has granted to Powermate under these UGC Terms.