Lovingly

Release and License Agreement

Last updated: 2026-02-27

Introduction

This Release and License Agreement (the “Agreement”) outlines the terms under which you, the user, grants Lovingly, LLC and its affiliates (“we,” “us,” “our,” or “Lovingly”) permission to use your name, pictures, portraits, likeness, photographs or videotape of yourself voice, your quotes, verbal or written statements, reviews, comments, testimonials, or other materials ("Content") that you submit or share through our the website and associated domains of lovingly.com, and of any affiliate of ours (together “websites”)

Please read this Agreement carefully. By clicking "I Agree and Continue," you acknowledge that you have read, understood, and accepted these terms.

1. Grant of Permission and License. By submitting, sharing or uploading Content on the websites, you grant us your permission and a non-exclusive, irrevocable, worldwide, perpetual, transferable, sublicensable, and royalty-free license (the “License”), without any additional consideration or payment to you, to:

  • Host, Use, reproduce, modify, copy, publish, distribute, publicly display, perform, adapt, and create derivative works of the Content, in whole or in part;
  • Use the Content to operate, improve, and promote our products and services;
  • Use the Content for various commercial and marketing purposes and mediums, including but not limited to social media posts, advertisements, email campaigns, website content, brochures, press releases, video-based marketing, and other marketing materials; and
  • Display the Content alongside your name, username, likeness, or any other identifying information, unless you request otherwise in writing.

2. Ownership. By submitting, sharing or uploading your Content, you retain ownership of all intellectual property rights in your Content, subject to the License granted to us in Section 1 hereinabove.

3. Representations and Warranties. You represent and warrant to us that:

  • You are the sole and absolute owner of the Content.
  • The Content does not contain any images, likeness, or work of any third party.
  • The Content is original, lawful, and does not infringe on any copyright, trademark, privacy, publicity, or any intellectual property rights of any third party.
  • The Content does not contain any material that is defamatory, obscene, discriminatory, or otherwise unlawful.
  • You are authorized to enter into this Agreement and by agreeing to the terms of this Agreement you do not violate the terms of any other agreement to which you are bound by or to which the Content is subject to.
  • You are at least 18 years of age.

4. Scope of Use; Permissions. You agree that the permissions and License granted pursuant to this Agreement:

  • Allows us to modify, crop, adapt, or enhance the Content for creative purposes, such as improving clarity or aligning with design needs.
  • We are not obligated to notify or seek additional permissions from you prior to each use of the Content.
  • We may use the Content across different websites and in any future marketing or promotional campaigns, including international advertising.

We cannot control the distribution of your Content by any third party, and we have no obligation whatsoever to prevent the third parties from downloading, saving or distributing your Content. We will not be responsible for any unauthorized use of your Content by any third party.

5. Attribution. We will reasonably give credit to you for your Content by your name, username, or other identifying information, as provided by you in connection with your Content. You agree and acknowledge that attribution is not guaranteed.

6. Irrevocable license. The permissions and license granted herein are irrevocable. We may in our sole discretion, upon your request to delete your Content, remove your Content from our Websites. However, Content that has been saved or downloaded by third-parties may still be visible to them. Even when we accommodate your request to delete the Content, it may take few days to few weeks to remove it from our Websites. Further, our legal obligations might require us to keep back up of your deleted Content.

7. Indemnification. You agree to hold harmless and release, us and our officers, directors, employees, agents, and affiliates from any from all claims, liabilities, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have by reason of us using the Content. You also agree to defend, indemnify and hold harmless us and our officers, directors, employees, agents, and affiliates from all claims, liabilities, demands, causes of action, costs, or expenses (including attorney’s fees) arising out of or related to: (a) your breach of this Agreement; (b) your Content or any misuse or unlawful use of your Content; and (iii) any third-party claims arising out of infringement of any copyright, trademark, privacy, publicity, or any intellectual property rights of any third party.

8. Miscellaneous.

8.1 Third Party Rights. This Agreement does not convey any third-party beneficiary rights to any individual or entity that is not a party hereto.

8.2 Governing Law; Venue. If there is any dispute arising out of this Agreement, or relating to your Content, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without giving effect to its conflict of laws.

8.3. Binding Arbitration. Any dispute, claim or controversy between you and Lovingly, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or arising from or relating in any way to: (1) this Agreement and the interpretation or the breach, termination or validity thereof, and the relationships which result from this Agreement; and (2) use of your Content by Lovingly (collectively, “Disputes”) will be resolved by binding arbitration, rather than in court. Arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") in effect at the time any demand for arbitration is filed with AAA. A judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

8.4 No Partnership. In no event shall this Agreement create a partnership, joint venture, broker, employee-employer, agency, or franchisor-franchisee relationship between you and Lovingly.

8.5 Entire Agreement. This agreement constitutes the entire agreement between you and Lovingly with respect to the submission and use of the Content. It supersedes all prior and contemporaneous agreements, understandings, and representations, whether oral or written, related to this subject matter.