Content License Agreement (Global)

You hereby grant to Hashtag a worldwide, assignable, irrevocable, perpetual, sublicensable, royalty-free license (i) to use, copy, display, perform, reproduce, offer, sell, create Derivatives (defined below) of, market, distribute and otherwise fully exploit the Content within the Services or any other channel, and (ii) to use your names, marks and other designations for promotional purposes in connection with any of the foregoing. “Derivatives” of any subject matter include, without limitation, all derivatives, enhancements, extensions, improvements, and the like, that to any extent incorporate or are based on or related to any portion of that subject matter. This license includes all rights necessary or useful to distribute Content, including the right to modify for formatting purposes.

You retain all ownership rights, title and interest (subject to the license granted herein) in and to the Content. You represent and warrant that (i) the Content is owned solely by you, and neither the Content nor this Agreement (or its performance) will violate any proprietary or intellectual property rights or agreements or defame, libel or otherwise injure or interfere with the privacy or publicity rights of any third party (including the right of likeness of each individual in any piece of Content); (ii) you have obtained sufficient rights to each likeness/model/image/quote used or included (modified or unmodified) in the Content; and (iii) none of the Content nor this Agreement (or its performance) will require payment of any kind to any third party. In the event that you license the Content to a licensing company or other third party, You shall immediately notify Hashtag at [info@hashtagourstories.com] and You agree that you shall inform such third party of the license You granted to Hashtag in this Agreement. You will indemnify Hashtag from any loss, liability, damage or expense (including attorneys’ fees) that results from any allegation inconsistent with the foregoing. Hashtag reserves the right to remove any Content at any time, for any reason, including, without limitation, if it believes, in its sole discretion, that such Content violates this Agreement in any manner.

The sole compensation for the license granted herein shall be Hashtag crediting the Content to You, using the applicable internet handle, name or account identifier (to be determined in Hashtag’s sole discretion). You acknowledge that such public credit and exposure is sufficient compensation for the license granted herein.

This Agreement shall begin on the Effective Date and continue until Hashtag notifies you that Hashtag has ceased marketing, distribution or exploitation of the Content. Sections 2, 4, 5 and 6 shall survive termination; Section 1 shall survive termination to the extent the applicable Content is already in distribution.

EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, IN NO EVENT SHALL HASHTAG BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS AND GOODWILL, AND TRADING AND INVESTMENT LOSSES, OR (B) DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE $100, EVEN IF HASHTAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

This Agreement represents the entire agreement of the parties with respect to the subject matter hereof and no changes, modifications, waivers, or supplements to this Agreement will be effective unless in writing and signed by both parties hereafter. This Agreement shall be governed by and construed in accordance with the laws of the State of California. This Agreement is notassignable or transferable by you but is fully and freely assignable by Hashtag. The provisions of this Agreement are severable and the invalidity or unenforceability of any provisions hereof shall not affect the validity or enforceability of the other hereof.

Content from Facebook, TikTok, Instagram, YouTube, X and any of your social media accounts (including everything posted up until the “Effective Date” of this agreement) shall be included in the “Content” as defined above. You hereby grant “Hashtag” the license to use this content, according to the terms specified above.