- Be your original work
- Respect New Era’s brand image
- Be created in a legal and safe manner
- Music that is not your original music
- Copyrighted material that belongs to someone else
- Trademarks that belong to someone else
- Any clothing bearing designer insignia or brands or logos other than New Era or our licensed partners
- Any identifiable commercial products or brands other than New Era or our licensed partners
- Celebrity images
- Images of any person other than you
- Intellectual property or publicity rights that belong to someone else
- Visible phone numbers, website links, street addresses, email addresses, license plate numbers, area codes, zip codes, or airport codes
- Obscenities, profanities, vulgar language, lewd behavior, offensive, obscene or inappropriate content for a general audience
- Nudity or any sexually explicit depiction
- Gang-related images, affiliation, hand signs, symbols, gang support or gang activity
- Dangerous, illegal or unsafe acts
- Harassing content
- Impersonation of any other person
- Shocking or disgusting content that is violent or gory intended to be shocking, sensational or disrespectful
- Derogatory, disparaging, libelous content about any entity or person
- Hate Speech: Discriminatory statements or depictions based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference
- Guns, knives or any other current and/or historic weapons
- Computer virus, worm, hidden trojans or other malicious or harmful computer software or programming
- Consent and Release to Use Photo, Name and Likeness and Waiver of Claims
I understand that New Era Cap Co., Inc., its subsidiaries, affiliates, agencies, representatives, transferees, assigns, licensees, and their respective shareholders, officers and employees (“New Era”) may include my textual comments, my photo, my video, my performance, my name, my username, my likeness, my image and/or other original content of mine, including but not limited to any trademarks, copyrights or other materials owned or created by me (“Content”) on New Era’s website, and/or within New Era’s marketing and advertising materials or in other Internet, TV, radio, print, phone based services, or other digital based services of New Era’s (“Materials”).
In consideration of New Era evaluating my Content for inclusion in New Era’s Materials, I grant New Era, without any further compensation or obligation, a royalty-free, non-exclusive, perpetual, worldwide, license and right to use, copy, reproduce, publicly or privately display, exhibit, perform, broadcast, publish, distribute, adapt, modify, edit, create derivative works, reuse, republish, redistribute or otherwise make any use (“Use”) of the Content, in whole or in part, for any lawful purpose, in any commercial or noncommercial manner, including but not limited to Use in digital and print Materials and in any manner, form or media currently known or developed or created in the future.
I understand that I will receive no compensation at any time from anyone for granting New Era the right to use my Content or for any other rights in this Agreement. I waive my right to inspect or approve the Content now or in the future. I also understand that New Era may chose not to use the Content.
I agree on my own behalf and on behalf of my heirs that I hereby waive all publicity rights, moral rights, and claims based upon those rights. I further release, discharge, and agree to hold harmless and indemnify New Era, as defined herein, from all claims, liabilities, damages, and losses, including attorneys’ fees, that I or my heirs may have or that may arise out of or in connection with New Era’s Use of the Content, including but not limited to, claims of intellectual property infringement or right of publicity or privacy violations. I warrant and represent that the Content does not infringe the intellectual property rights or publicity or privacy rights of any third party and does not contain the name, image, or likeness of any individuals without their knowledge and consent to such Use as contemplated herein. I also hereby waive any claims of trademark infringement or false endorsement for Use of my name or likeness in connection with use of the Content or any image or work derived herein.
I warrant that I am 18 years of age or older. I have the legal capacity to enter into this Agreement and to enter into contracts in my own name. In agreeing to the terms of this Agreement, I acknowledge I am relying entirely on my own knowledge, understanding and beliefs of my rights and obligations under this Agreement. I agree I have not been influenced by New Era or by any representations or statements made by New Era regarding this Agreement or my rights. I agree that I am not under contract or a party to any other agreement that would preclude me from granting the rights in this Agreement and/or preclude New Era from exercising the rights and privileges I have granted it in this Agreement.
I agree I have read the above Agreement and am familiar with the terms. I acknowledge that when I click “Accept” and submit my Content, I am agreeing to and accepting all the terms in this Legal Agreement and my clicking Accept shall have the same full force and effect as my original signature.