Exclusive Content License & Submission Policy

Get Sendy Media, owned and operated by Orca Marketing Corp. ("Get Sendy Media" or "we", "our" or "us") operates the Get Sendy Media platform, including our websites, social media pages, and apps (hereinafter collectively referred to as the "Platform").

This Exclusive Content License & Submission Policy ("Agreement") outlines the terms and conditions governing the submission of content or materials, including photos, videos, and written pieces (collectively referred to as "Your Content"), to the Get Sendy Media Platform. This Agreement delineates the rights, licenses, obligations, and restrictions associated with submitting Your Content to the Platform.

EXCLUSIVE LICENSE GRANT

By submitting Your Content to us or our Platform through any means, you automatically grant us and our contributors, or warrant that the owner of Your Content has expressly granted us, the perpetual, irrevocable, sublicensable, transferable, and exclusive right and license to use, copy, reproduce, publish, distribute, license to others, perform, enforce, edit, modify, create derivative works, and otherwise exploit Your Content, as well as any clips, images, or portions thereof, across all media, formats, and channels, including on our Platform and in merchandise related to it.

This license encompasses the exclusive rights to:

  1. Post Your Content on our Platform.
  2. Use Your Content (or clips thereof) in advertising and promotional materials.
  3. License Your Content to third parties for their use in exchange for payment.
  4. Pursue advertising, brand integration, endorsement, and sponsorship opportunities related to Your Content.
  5. Seek fees and damages for past, present, and future infringements of intellectual property rights in Your Content.
  6. Incorporate Your Content or images therefrom in merchandise to be sold through the Platform or otherwise (e.g., apparel).

These exclusive rights mean that, after granting this license, you shall not have the authority to grant rights in Your Content to any third party or continue to distribute Your Content through your own digital or online channels, including your own social media accounts, without our express agreement.

If Your Content contains the name, image, voice, or performance of you or anyone else, you acknowledge and agree that the licenses granted herein shall apply to these elements. To the extent permitted by applicable law, by submitting Your Content through the Platform, you are waiving and agreeing not to assert potential claims based on our use of Your Content, such as copyright infringement, violation of rights of publicity, defamation, and moral rights or claims resulting from our alteration of Your Content.

You will retain any and all rights that may exist in Your Content.

We do not guarantee that Your Content will be exploited through the Platform. We reserve the right to, but are not obligated to, remove, edit, modify, or otherwise manipulate Your Content in our sole discretion, at any time, without notice to you and for any reason, including in response to claims or allegations from third parties or authorities related to Your Content or if we have concerns that Your Content may violate this Agreement.

PROHIBITED CONTENT

You are prohibited from submitting or posting on the Platform any content that:

  1. Is taken from a third party, includes a third party's trademarks, content, or material without permission, or infringes upon a third party's intellectual property rights of any kind.
  2. You have previously sold to or exclusively licensed to another party.
  3. Is defamatory, slanderous, or libelous.
  4. Depicts or encourages criminal or tortious activity, including fraud, trafficking in obscene or illegal material, drug dealing or use, underage drinking, gambling, violence, harassment, or stalking.
  5. Includes the name, image, voice, or performance of any person who has not provided consent for such use.
  6. Depicts or encourages dangerous activities.
  7. Is abusive, threatening, or obscene.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that Your Content will not violate any of the prohibitions described above.

Furthermore, you represent and warrant that:

  1. You did not, without necessary permission, copy, rip, download, or otherwise take Your Content from any third party.
  2. You have not previously granted, nor will you in the future grant, any rights to Your Content to any third party.
  3. You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to include and use Your Content as described in this Agreement, and that Your Content will not violate or infringe upon the intellectual property rights, rights of privacy or publicity, or any other rights of any third party.
  4. You have obtained the express consent of every party prominently featured in Your Content to license Your Content to us for the uses contemplated under this Agreement.

INCORPORATION OF TERMS OF USE

This Agreement complements our Terms of Use, and the provisions therein are hereby incorporated by reference and constitute the remainder of the terms governing the submission of Your Content. By submitting Your Content, you represent that you have read and agree to both agreements.

If you have any questions regarding this Agreement, please contact us at support@getsendymedia.com.