Content License & Submission Policy
Foul Pole Sports LLC (“Foul Pole Sports” or “we”, “our” or “us”) operates the Foul Pole
Sports platform, including our websites, social media pages and apps (collectively, the
“Platform”).
This Content License & Submission Policy (“Agreement”) describes the agreement between
you and us regarding any content or materials, including photos, videos and written pieces
(collectively, “Your Content”), added, submitted, distributed, or posted to the Platform by any
means including, without limitation, via upload, e-mail, DM, and/or posted comment, and
governs your rights, licenses, obligations and restrictions regarding submission of Your
Content to the Platform.
LICENSE GRANT
By submitting or posting Your Content to us or our Platform in any manner, and in
consideration for the opportunity to have Your Content distributed on our Platform, (i) you
represent to us that you have created Your Content or have the right to post Your Content and
(ii) you grant us and our contributors, or warrant that the owner of such content has expressly
granted us, the non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable
and transferable, right and license to use, copy, reproduce, publish, distribute, license to others,
perform, enforce, edit, modify, prepare derivative works of, and otherwise exploit Your
Content, and any clips, images, or portions thereof, in any and all media, formats and channels,
including on our Platform, and in merchandise related thereto.
For the sake of clarity, the rights granted with respect to Your Content will include, without
limitation, the right to, without compensation to you, (1) post Your Content on our Platform,
(2) use Your Content (or clips thereof) in advertising/ promotional material, (3) license Your
Content to third parties for their use in exchange for payment, (4) pursue advertising, brand
integration, endorsement and sponsorship opportunities with respect to Your Content; (5)
pursue and receive fees and damages for past, present, and future infringements of intellectual
property rights in and to Your Content, and (6) incorporate Your Content, or images therefrom,
in merchandise to be sold through the Platform or otherwise (e.g., apparel).
To the extent any of Your Content you submit includes name, image, voice, or performance of
you or anyone else, you acknowledge and agree that licenses herein shall apply to the same.
Except where prohibited by applicable law, by submitting Your Content through the Platform,
you are waiving and agreeing not to assert any of the following potential claims based upon
our use of Your Content as described herein: (i) copyright infringement; (ii) violation of your
rights of publicity; (iii) defamation, and/or (iv) “moral” rights or claims resulting from our
alteration of Your Content.
Subject to these grants, you retain any and all rights which may exist in Your Content.
We do not guarantee that any of Your Content will be exploited through the Platform. We
reserve the right to, but do not have any obligation to, remove, edit, modify or otherwise
manipulate Your Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or
authorities relating to Your Content or if we are concerned that Your Content may violate this
Agreement).
PROHIBITED CONTENT
You are prohibited from submitting or posting to the Platform any content that:
1. Was taken from a third party, or includes a third party’s trademarks, content, or material,
without permission, or otherwise infringes upon a third party’s intellectual property rights
of any kind.
2. You have previously sold to or exclusively licensed to another party.
3. Is defamatory, slanderous, or libelous.
4. Depicts or encourages criminal or tortious activity, including fraud, trafficking in obscene
or illegal material, drug dealing or using, underage drinking, gambling, violence,
harassment, or stalking.
5. Includes the name, image, voice, or performance of any person who has not provided his or
her consent to Your Content being used for the purposes hereunder.
6. Depicts or encourages dangerous activities.
7. Is abusive, threatening, or obscene.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your Content will not violate any of the prohibitions described
above.
Without limiting the foregoing, you further represent and warrant that:
1. You did not, without necessary permission, copy, rip, download, or otherwise take Your
Content from any third party.
2. You have not previously granted any rights to Your Content to any third party.
3. You own or have the necessary licenses, rights, consents, and permissions to use and
authorize us to include and use Your Content in the manner contemplated by this
Agreement, and that Your Content will not violate or infringe upon the intellectual property
rights, the rights of privacy or publicity, or any other rights of any third party.
4. You have the express consent of every party prominently featured in Your Content to
license Your Content to us for the uses contemplated under this Agreement.
5. You will not further license to use, copy, reproduce, publish, distribute, license to others,
perform, enforce, edit, modify, prepare derivative works of, and otherwise exploit Your
Content without our express written consent.
INCORPORATION OF TERMS OF USE
This Agreement supplements our Terms of Use, the provisions of which are hereby
incorporated by reference and constitute the remainder of the terms governing the submission
of Your Content. By submitting Your Content, you are representing that you have read and
agree to both agreements.
Please contact us at support@FoulPoleSports.com with any questions regarding this
Agreement.