KIM+ONO Terms & Conditions for Photo Sharing

By submitting a photograph or video (collectively, “Photo”) or by agreeing to our use of a photo, you agree to grant KIM+ONO the rights as detailed under this Terms & Conditions (“Terms”).

You agree that you have read and fully understand these Terms and will comply with them in their entirety. If you do not agree to these Terms, DO NOT submit a Photo or agree to our use of a Photo.

  1. Terms of Use. For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, you hereby grant to KIM+ONO, its agents, advertising and promotion agencies, and others working for it or on its behalf, and each of their respective licensees, successors, and assigns (collectively, "KIM+ONO and its agents"), the non-exclusive, worldwide, perpetual, irrevocable and absolute right and permission to reproduce, transmit, distribute, publish, re-publish, make derivative works of, display, perform and otherwise use the any Photo or other content, including but not limited to photo captions and your name, (collectively, “Content”) in whole or in part for any and all purposes, and in any and all media or formats, whether now known or hereafter developed, including, but not limited to, in electronic, digital, online, mobile, and print formats, without further consent, review or participation from you. To the maximum extent permitted by law, you further waive and release any and all "moral rights" you may have in the Photo. KIM+ONO and its agents reserve the right to use, not use, or discontinue using any Content in our sole discretion at any time.
  1. Copyright. For any Photo considered, you represent and warrant that you have taken the photo yourself and own the copyright of the photo, or have received the express permission of the copyright owner, or have permission to take the photo of any and all people appearing in the photo and have their permission to have their image used and shared by the KIM+ONO and its agents in accordance with these Terms. Do not send or upload photos that you didn’t take yourself or have not obtained permission to share.

  2. Photo Attribution. If there are other parties who need proper attribution or recognition for the Photo, you have the responsibility to send their name, social media handle and/or email address to us.

  3. Ethical Conduct. You agree not to submit any Content that:
    1. Infringes any intellectual property rights of any other person or third party, including but not limited to copyright and trademark.
    2. Defames or invades the privacy or publicity rights of any person, living or deceased, or infringes upon any person’s or third party’s personal, property, or other right.
    3. Is inappropriate, sexually explicit, harassing, abusive, harmful, violent, or otherwise objectionable or offensive in any way.
    4. Contains any virus, worm, corrupt file, or other forms of malicious code or content that may harm a website or computer.
    5. Violates any law, statute, ordinance, or regulation.
    6. Contains advertising, spam, references to other websites or retailers.
    7. Contains personal information such as e-mail addresses, phone numbers or physical addresses.

  4. Dispute. Conflict Resolution, waiver and indemnity If you have a disagreement with KIM+ONO and its agents or believe that any of your Content has been used without your permission or in violation of your rights, you can reach KIM+ONO at:

KIM+ONO
729 Grant Ave
San Francisco, CA 94108
hello@kimandono.com

You irrevocably waive all rights and agree to release and hold harmless KIM+ONO and its agents from any and all claims, costs, expenses, damages, causes of action and/or liabilities, of any nature, whether direct or indirect, known or unknown, foreseen or unforeseen, arising out of or relating to the Content, including but not limited to defamation; invasion of the rights of privacy or publicity; violation or any moral or artist rights; personal injury, or any other similar matter. You further agree to indemnify, defend, and hold KIM+ONO and its agents harmless from any claim or cause of action related to your violation of any of these Terms.