Content Submission Policy

Effective Date: February 11, 2025

Last Updated: February 11, 2025

This Content Submission Policy ("Policy") governs all photos, videos, images, audio, text, and other materials ("Content") submitted to DieBuddy through our website, email, or any other channel for potential publication on DieBuddy's social media accounts, website, marketing materials, or other platforms. By submitting Content, you ("Submitter") agree to all terms outlined below.

1. Eligibility and Authority

By submitting Content to DieBuddy, you represent and warrant that:

• You are at least 18 years of age, or you have the consent of a parent or legal guardian who has reviewed and agreed to this Policy on your behalf.
• You are the original creator of the Content, or you have obtained all necessary rights, licenses, and permissions from the original creator to submit and license the Content as described in this Policy.
• You have the legal authority to grant the rights described herein.

2. Consent of Individuals Depicted

If any identifiable individuals appear in the Content you submit, you represent and warrant that:

• Informed Consent: You have obtained express, informed consent from every identifiable person depicted in the Content for: (a) the recording or capture of their likeness, (b) the submission of the Content to DieBuddy, and (c) the publication and distribution of the Content on social media platforms, websites, and other digital or print media.
• Minors: If any individual depicted in the Content is under the age of 18, you have obtained verifiable written consent from their parent or legal guardian authorizing the use of the minor's likeness as described in this Policy. DieBuddy reserves the right to request proof of parental consent before publishing any Content featuring minors.
• Withdrawal of Consent: You acknowledge that if any depicted individual withdraws their consent, you will immediately notify DieBuddy at info@diebuddy.com. DieBuddy will make commercially reasonable efforts to remove the Content from its platforms upon receiving such notice, but cannot guarantee removal from third-party platforms, caches, or shares that occurred prior to the takedown request.
• Right of Publicity: The consent you have obtained includes the right to use each individual's name, likeness, image, voice, and persona for the purposes described herein, without additional compensation to any depicted individual.

3. License Grant

By submitting Content to DieBuddy, you grant DieBuddy a:

• Non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, crop, edit, publish, distribute, publicly display, publicly perform, create derivative works from, and otherwise exploit the Content in any and all media formats and channels now known or hereafter developed, including but not limited to Instagram, TikTok, Facebook, Twitter/X, YouTube, Snapchat, the DieBuddy website, mobile application, email newsletters, print materials, and promotional campaigns.
• This license includes the right to use the Content for commercial and non-commercial purposes, including advertising, marketing, and promotional activities for DieBuddy.
• You retain ownership of your original Content. This license does not constitute a transfer of ownership.

4. Content Standards and Prohibited Content

All submitted Content must comply with the following standards. DieBuddy reserves the right to reject, remove, or refuse to publish any Content at its sole discretion. You agree not to submit Content that:

• Depicts or promotes illegal activity of any kind.
• Contains or promotes excessive alcohol abuse, underage drinking, drug use, or any substance abuse.
• Is sexually explicit, pornographic, or obscene.
• Contains hate speech, slurs, discriminatory language, or promotes violence against any individual or group based on race, ethnicity, nationality, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic.
• Depicts dangerous, reckless, or harmful behavior that could encourage unsafe imitation.
• Harasses, bullies, threatens, intimidates, or demeans any individual.
• Contains personal or private information of any individual without their consent, including but not limited to addresses, phone numbers, financial information, or identification documents.
• Infringes upon any third party's intellectual property rights, including copyrights, trademarks, trade secrets, or patents.
• Contains malware, viruses, or any harmful code.
• Violates any applicable local, state, national, or international law or regulation.
• Violates the terms of service of any platform on which DieBuddy may publish the Content.

5. Representations and Warranties

By submitting Content, you represent and warrant that:

• The Content is original to you, or you possess all necessary rights and licenses to submit and license the Content as described herein.
• The Content does not infringe upon, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or any other proprietary or personal rights.
• All factual statements or claims made in or about the Content are true and accurate to the best of your knowledge.
• The Content complies with all applicable laws, regulations, and the content standards set forth in Section 4 of this Policy.
• You have obtained all necessary consents as described in Section 2 of this Policy.
• The submission and publication of the Content will not violate any agreement, obligation, or duty you have to any third party.

6. Indemnification

You agree to indemnify, defend, and hold harmless DieBuddy, its owners, operators, officers, directors, employees, agents, affiliates, and licensees from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorney's fees) arising from or related to:

• Your submission of Content.
• DieBuddy's use of the Content as permitted under this Policy.
• Any breach or alleged breach of your representations, warranties, or obligations under this Policy.
• Any claim by a third party that the Content infringes their intellectual property rights, privacy rights, publicity rights, or any other rights.
• Any claim by an individual depicted in the Content that their consent was not properly obtained or that their rights have been violated.

7. No Obligation to Use

DieBuddy is under no obligation to use, publish, display, or distribute any submitted Content. DieBuddy reserves the right, at its sole and absolute discretion, to:

• Accept or reject any submission for any reason or no reason.
• Edit, crop, modify, add filters to, add captions or text overlays to, combine with other content, or otherwise alter the Content before publication.
• Remove previously published Content at any time for any reason.
• Select the platform(s), timing, and manner of publication.

8. No Compensation

Content submissions are made on a voluntary basis. You acknowledge and agree that:

• You will receive no payment, royalty, fee, or other compensation of any kind for the submission or use of your Content.
• DieBuddy is not obligated to provide credit or attribution when using your Content, though DieBuddy may choose to credit you (for example, by tagging your Instagram handle) at its discretion.
• You waive any right to inspect or approve the finished product or any derivative works that may be created from or based on your Content.

9. Intellectual Property and Copyright

• You retain copyright ownership of the original Content you submit.
• Any modifications, derivative works, compilations, or new creative works produced by DieBuddy using the Content are the sole property of DieBuddy.
• You agree not to assert any moral rights (to the extent permitted by applicable law) in connection with DieBuddy's use of the Content, including rights of attribution and integrity.
• If you believe any Content on DieBuddy's platforms infringes your copyright, please contact us at info@diebuddy.com with a detailed description of the alleged infringement.

10. Privacy and Data Use

Personal information collected through the submission process (such as your name, email address, and Instagram handle) will be handled in accordance with our Privacy Policy. Specifically:

• Your contact information will be used solely for purposes related to your Content submission, including communication about publication status.
• Your Instagram handle may be used to tag or credit you when Content is published, if you have provided one.
• DieBuddy will not sell or share your personal information with third parties for marketing purposes unrelated to DieBuddy.

11. Content Removal Requests

If you wish to request removal of your Content from DieBuddy's platforms after it has been published:

• Send a written request to info@diebuddy.com with the subject line "Content Removal Request," including a description or link to the Content you want removed.
• DieBuddy will make commercially reasonable efforts to remove the Content from platforms under its direct control within 30 business days of receiving a valid request.
• You acknowledge that DieBuddy cannot control or guarantee removal of Content that has been shared, reposted, downloaded, cached, or otherwise distributed by third parties or platform algorithms prior to the removal request.
• Removal of Content does not terminate the license granted under Section 3 for any uses that occurred prior to the removal.

12. Third-Party Platforms

Content published by DieBuddy may appear on third-party platforms (such as Instagram, TikTok, Facebook, etc.) that have their own terms of service, privacy policies, and content guidelines. You acknowledge that:

• Once Content is published on third-party platforms, it becomes subject to that platform's terms of service and policies in addition to this Policy.
• Third-party platform users may interact with, share, repost, or download the Content in accordance with that platform's features and policies.
• DieBuddy is not responsible for any third-party use of the Content that occurs through platform features or outside of DieBuddy's control.

13. Limitation of Liability

To the maximum extent permitted by applicable law:

• DieBuddy shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your submission of Content or DieBuddy's use of Content under this Policy.
• DieBuddy's total liability arising from or related to this Policy shall not exceed $100 USD.
• DieBuddy is not responsible for any unauthorized use of Content by third parties.

14. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to this Policy shall be resolved as follows:

• Informal Resolution: The parties shall first attempt to resolve any dispute informally by contacting DieBuddy at info@diebuddy.com.
• Governing Law: This Policy shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.
• Jurisdiction: Any legal action or proceeding arising under this Policy shall be brought exclusively in the courts located in the United States, and the parties consent to personal jurisdiction and venue therein.

15. Changes to This Policy

DieBuddy reserves the right to update or modify this Policy at any time. Changes will be effective upon posting the revised Policy on the DieBuddy website with an updated "Last Updated" date. Your continued submission of Content after such changes constitutes your acceptance of the revised Policy. We encourage you to review this Policy periodically.

16. Severability

If any provision of this Policy is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17. Entire Agreement

This Policy, together with the DieBuddy Privacy Policy, constitutes the entire agreement between you and DieBuddy with respect to Content submissions and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

18. Contact Us

If you have any questions, concerns, or requests regarding this Content Submission Policy, please contact us at:

Email: info@diebuddy.com
Subject Line: Content Policy Inquiry

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By submitting Content to DieBuddy, you acknowledge that you have read, understood, and agree to be bound by this Content Submission Policy.