Last Updated: 1.30.20

Welcome to the Lurking Class. We reached out to you because we would like your permission to feature your social media content on our various social channels, sites, or promotional materials.

By responding to our message with #YESLURKINGCLASS, you agree to these Terms of Use and allow us to use your social medial content, including, without limitation, the photos, graphics, audio, video, text, comments, or other materials you posted on Instagram, Facebook, Pinterest, or Twitter (“User Content”) described in the message we sent referring you to these Terms of Use.

User Content License

You grant to Faction Inc. and its related companies, licensees, sublicensees, agents, directors, officers, employees, contractors, legal representatives, successors, assigns, third-party service providers, retail partners, marketing agencies, public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, nonexclusive, royalty-free, fully-paid, sublicensable (through multiple tiers), perpetual, irrevocable, and transferable right and license to use, copy, distribute, display, modify, perform, adapt and transmit your User Content on the Licensed Parties’ social media pages, web pages, blogs, and emails, and in any other advertising, promotional, or marketing materials, in any media now known or hereafter devised. Further, you grant the Licensed Parties the right to use your username, real name, image, likeness, description, location, voice, or other identifying information in connection with any use of your User Content.

You acknowledge, agree, represent and warrant that (i) you are not a minor, (ii) you created your User Content, own or control all rights in and to your User Content, and/or have 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 your User Content, (iii) the Licensed Parties’ use of your User Content will not violate the rights, including, without limitation, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary, confidentiality, or other rights, of any third party, or any laws, rules or regulations, including, without limitation, consumer protection, privacy, and trade laws, (iv) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful; (v) and the User Content does not contain any worms, viruses, or other harmful code.

Your User Content is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information contained in the User Content. By granting the rights under these Terms of Use, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with your User Content. If you do not agree to the collection, use, and disclosure of your personal information in this way, please do not grant the rights under these Terms of Use or otherwise provide the Licensed Parties with personal information.


Limitation of Liability, Indemnity, and Release

To the fullest extent permissible under applicable law, the Licensed Parties are not liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of or resulting from these Terms of Use, including, without limitation, damages for harm to business, lost profits, lost savings, or lost revenues, however such damages are caused and whether based in contract, tort (including negligence), or any other theory of liability.

You agree to indemnify, defend, and hold the Licensed Parties harmless from and against any and all damages, liability, claims, actions, demands, and costs, including, without limitation, reasonable attorneys’ fees and costs of settlement, arising out of any breach by you of these Terms of Use.

Without limiting anything set out above, you hereby release each of the Licensed Parties from all damages, liability, claims, actions, demands, and costs of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use. If you are a California resident, you expressly waive California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”


These Terms of Use shall be governed by the laws of the State of California, without regard to its conflict of laws principals. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts in California.

These Terms of Use constitute the entire agreement between you and Licensed Parties with respect to the User Content. The Licensed Parties’ failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found to be invalid by any court with competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to these Terms of Use must be filed within one (1) year after such claim or cause of action arose.

Faction Inc. reserves the right to modify these Terms of Use without advance notice by posting revised Terms of Use. You should review the Terms of Use each time you grant Faction Inc. permission to feature your User Content.

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