Opendoor User Generated Content Terms of Use
You are reading this page because OpenDoor Labs Inc. ("Opendoor," "Company," "we," or "us") has reached out to you for permission to publish your social media content on Opendoor's websites, social media channels, and other promotional materials.
If you want to give us permission to use your social media content, please reply with the hashtag #OpendoorPhoto and provide a link to your social media content. When you do, you are also agreeing to be bound by these Terms of Use.
These Terms of Use describe Opendoor's collection and publishing of social media content, such as photographs, text, moving images, illustrations, audio clips, video clips, comments, and any other materials and associated metadata or location information, any profile information that is accessible from third party social media platforms (such as Instagram, Pinterest, and Facebook) in accordance with the procedures established by the platform, and identifying information that includes public displays of your name, image, likeness and persona ("User Generated Content") from social media platforms on Opendoor's websites, such as www.opendoor.com and others (the "Site"), social media platforms, promotional materials and other communication channels and content ("Opendoor Channels") for use by Opendoor and its affiliates in connection with its business, such as Opendoor's marketing, promotional, advertising and other activities for publicity purposes ("Opendoor Activities").
Opendoor reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use each time you grant authorization for us to use your User Generated Content.
User Generated Content License
- You hereby represent and warrant that you (a) are at least 18 years of age; (b) own and control all rights, title and interest in the User Generated Content you license; (c) you have all rights, permissions and consents necessary to create and publish the User Generated Content, such as the right or authorization to use names, images, likeness, voice, and other identifying information of any third party referenced or included in the User Generated Content subject to this license; (c) the creating and posting of your User Generated Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person; (d) have all rights necessary to license the User Generated Content to the Licensed Parties; (e) have complied with all applicable laws and regulation associated with acquiring, producing, and publishing the User Generated Content; (f) the User Generated Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
- You hereby grant to Opendoor and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective partners, marketing or public relations agencies, and other affiliates (the "Licensed Parties") a non-exclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Generated Content, in whole or in part, on the Site, on Opendoor Channels, in any marketing, promotional and advertising activities, on third-party websites and apps, and in any media for promotional and publicity purposes. Nothing in this license transfers your ownership of the User Generated Content to the Licensed Parties. Nothing in this license requires the Licensed Parties to use or publish your User Generated Content at all, in any specific way, or on a specific platform. Licensed Parties will reject and remove any User Generated Content which Licensed Parties determine, in their sole discretion, to be in violation of any provision of these Terms of Use.
- You also grant the Licensed Parties the right to use your username, real name, likeness, persona, description of you, location or other identifying information including your voice in connection with any use of your User Generated Content by the Licensed Parties.
- You hereby release, discharge, indemnify, and agree to hold harmless the Licensed Parties and any person acting on their behalf from any liability related in any way to the Licensed Parties' use of your User Generated Content.
- The User Generated Content you license is deemed non-confidential and the Licensed Parties have no obligation to protect the confidentiality of any information contained in the User Generated Content except pursuant to the License Parties' privacy policies. By accessing the Site or Opendoor Channels, you accept and agree to the Licensed Parties' collection of any personal information you provide for the Licensed Parties' use and disclosure in connection with the use of your User Generated Content as described herein.
Miscellaneous
- To the extent that your User Generated Content is displayed on the Site, any of the Opendoor Channels, or in connection with Opendoor Activities, you also will be subject to additional terms of use, agreements, guidelines, or rules determined by Licensed Parties to be applicable to the Site, Opendoor Channels, or Opendoor Activities, such as those set forth on the Opendoor website at www.opendoor.com/terms. You hereby acknowledge and agree to be bound by these additional terms of use, agreements, guidelines, or rules provided or posted by Opendoor and Licensed Parties.
- The Site, Opendoor Channels, or Opendoor Activities may be protected by copyright, trademarks, service marks, and other intellectual property rights which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes. You acknowledge and agree that you do not acquire any ownership, entitlements, or other rights in proprietary information and materials of Opendoor or Licensed Parties by authorizing Licensed Parties' use of your User Generated Content or otherwise using or accessing the Site or Opendoor Channels.
- If a court of law having jurisdiction over this matter finds that any provision of these Terms of Use is invalid or unenforceable, you agree that these Terms of Use will nonetheless be enforced to the maximum extent to which it is found by the court to be legally enforceable.
- These Terms of Use will be governed by applicable federal law and the laws of the state of California, without reference to its choice of law requirements. Nothing herein will be construed a waiver of the Licensed Parties' rights to the User Generated Content under federal and state common laws and statutes, such as rights of public domain and fair use.