1. In consideration of Mahabis providing you with a discount code to obtain a free pair of Mahabis slippers (the “Slippers”): you agree to the following terms and conditions.
2. You shall post a minimum of [one] photo(s) on Instagram, either of you wearing the Slippers or of the Slippers themselves (the “Photographs”) within two weeks of you using your discount code.
3. You hereby grant Mahabis an exclusive, irrevocable, perpetual, royalty-free, worldwide licence to use all Photographs and any derivative works of such Photographs, for any use and to take, re-use, reproduce, publish and republish the Photographs.
4. For the avoidance of doubt you consent and agree that Mahabis can do any of the following:
a. use the Photographs for any commercial purposes including, but not limited to, in any media, forum or publication they see fit, including any online, social media, email, print, display, and or television publications, subject to your agreed use as set out at clause 5;
b. amend, adapt, alter, combine, manipulate, enhance, add to, delete from and/or use any Photographs in part;
c. issue copies of the Photographs to the public, exhibit the Photographs in public and/or communicate the Photographs to the public; and
d. use the Photographs to represent an imaginary or real person;
but shall not be obliged to do so.
5. You may to use the Photographs for your own personal use only. For the avoidance of doubt you shall not use the Photographs for commercial purposes.
6. You hereby agree that Mahabis are not required to identify you as the author of the Photographs in any use of the Photographs.
7. You hereby expressly waive any and all moral rights under the Copyright, Design and Patents Act 1988 any and similar or equivalent rights anywhere in the world in relation to the Photographs, which you may now or in the future be entitled to, including but not limited to the right to be identified as the author of the Photographs and/or the right to object to derogatory treatment of the Photographs.
8. You agree to provide promptly upon request now or at any time in the future any assistance Mahabis (or its licensees, sub-licensees, assignees and successors in title) may require regarding its use of the Photographs, including, but not limited to, promptly executing any assignments or waivers of rights, or other documents it may require in relation to the Photographs.
9. You agree that no further consideration will be made to you for anything arising from the Photographs.
10. You acknowledge that Mahabis will not require prior notification to action any of the above.
11. You warrant and undertake that you are the sole and beneficial owner of, and own all the rights and interests in the Photographs and that you have not and will not licence or assign any of your intellectual property rights in the Photographs except as expressly set out in these terms and conditions.
12. No one other than you and Mahabis (and Mahabis’ successors and permitted assignees) shall have any right to enforce any of these terms and conditions.
13. Mahabis may withdraw the discount code at any time.
14. Mahabis may make changes to our terms at any time and will use reasonable
endeavours to notify you of any changes.
15. The parties agree that these terms and conditions constitute the entire agreement between them and supersede all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of their subject matter.
16. These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
17. Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions or their subject matter or formation.