Greetings! You're probably here because we requested additional rights in sharing your photo across our channels. We love to see how you use Ka'Chava in new and creative ways and to share your inspiration with the rest of our community!
We regularly reach out to customers to request additional rights to reproduce our favorite images on our website, email newsletters + more. Thank you for considering this request! By responding to our request with the hashtag #sharemykachava you are agreeing to the following:
User Content
For adequate consideration, including the possibility of publicity, you and Tribal Nutrition LLC (“Ka’Chava”) agree as follows with respect to Ka’Chava’s use of all content, information and/or other materials which you have agreed to share with Ka’Chava (referred to as “User Content”) for Ka’Chava’s use in its marketing, advertising and/or promotional activities:
You hereby grant to Ka’Chava and its affiliates a license to reproduce, display, perform, distribute, and otherwise use your User Content, in whole or in part, in connection, without limitation, on Ka’Chava’s websites, emails, print, social media and other Ka’Chava marketing purposes (the “Media”).
This License shall be non-exclusive (meaning you may use the User Content for your own purposes or let others use your User Content for their purposes), irrevocable, perpetual and worldwide. Our License to your User Content shall be royalty-free (meaning Ka’Chava is under no obligation to provide you or any third party additional consideration of any kind in connection with its use of the User Content). Notwithstanding the License, Ka’Chava shall have no obligation to use the User Content.
You represent and warrant that:
- You own all rights to your User Content or, alternatively, that you have the right to give Ka'Chava the rights described above;
- Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
You agree to indemnify and hold Ka’Chava and its affiliates or subsidiaries harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, arising out of or in connection with, Ka’Chava’s use of your User Content, your violation of these Terms of Use ("TOU") or your violation of any right of another party.
These TOU and the relationship between you and Ka’Chava shall be governed by, construed and enforced in accordance with the laws of the State of Nevada and the USA, without regard to any principles of conflicts of laws.
You agree that any legal lawsuit or other action brought by Ka’Chava, you or any third party to enforce this agreement, or in connection with any matters related hereunder, shall be subject only to the jurisdiction of either the state or federal courts located in the county of San Francisco, California. You and Ka’Chava agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the county of San Francisco, California.
If any provision of these TOU are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder, which will remain in force; the parties agree that the court should endeavor to give the fullest possible effect to the parties' intentions as reflected in the provision and shall not affect the validity and enforceability of any remaining provisions.
These TOU constitute the entire agreement of the parties relating to the subject matter addressed hereunder. These TOU supersede all prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in these TOU, whether oral or written.
If you believe that someone has infringed on your intellectual property rights, or if we have taken down your materials due to suspicion of copyright infringement, and you would like to dispute the alleged infringement, please click here for information on how to notify us.
Thank You!
Updated: August 8, 2015