‘Upload Your Own Photo’ Terms and Conditions
The Upload Your Own Photo feature for our Gift Cards (the ‘Feature’) permits you to upload photos or other images (‘Content’) to create customized Gift Cards, which will be produced by CashStar. You may only upload and submit Content for which you own all rights or have authorization from the person who does own those rights.
The following terms and conditions (these ‘terms and conditions’) govern your use of the Feature. By uploading any content and placing your order for a Gift Card, you agree to follow and be bound by these terms and conditions, the Nordstrom Site Term of Use, the Nordstrom Customer Privacy Policies, and the Nordstrom Terms & Conditions for Sharing Content. We may modify or update these terms and conditions from time to time at our sole discretion by posting revised terms and conditions.
You grant Nordstrom and CashStar a perpetual, irrevocable, worldwide, royalty-free, sub-licensable license, in connection with the production of the customized Gift Cards that you order, to use, copy, reproduce, publish, modify, adapt, and create derivative works of the Content.
You may not upload and submit Content that (i) may infringe upon another party’s trademarks, copyrights or other intellectual property rights, (ii) may be unlawful, inappropriate, or offensive, (iii) depicts children under the age of 13 unless you are their parent or legal guardian, or (iv) otherwise violates the Nordstrom Conditions for Sharing Content or other guidelines posted for the use of the Feature. Nordstrom and CashStar reserve the right to replace, remove or not accept any Content that we deem to be in violation of these terms and conditions or applicable laws in our sole discretion.
You represent and warrant to Nordstrom and CashStar that (i) you are over the age of 18 and have the lawful right to transmit, distribute and reproduce the Content, (ii) you are the copyright owner or have obtained the copyright owner’s permission to use the Content, (iii) you hold the rights necessary to grant the licenses described in these terms and conditions, (iv) you have obtained the consent of each person, if any, depicted in the Content, (v) you are the parent or legal guardian of each child under the age of 13, if any, depicted in the Content, and (vi) the Content, and Nordstrom and CashStar’s use of the Content as permitted under these terms and conditions, do not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party.
You agree to indemnify, defend, and hold harmless Nordstrom, its parent, subsidiaries, and affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions.