Licensing Your Photo for Our Marketing Purposes

We wish to use your photo on our digital platforms and in our ad campaigns to promote our malls, tenants, and our company, Brookfield Properties – Retail. Taking the action described below creates a contract with us, you remain the copyright owner of your photograph.  

Terms and Consent: By responding to our request with the hashtag #YesBeachwood and yes or I agree you are affirming that you agree to be bound by these terms and you grant us, Brookfield Properties Retail, Inc.,  a license to use your photo (collectively, “Your Content”).   The license you grant to Brookfield Properties Retail, Inc., its parent and subsidiary companies, affiliates, including shopping center owners, and our respective licensees, successors, and assigns (collectively “BPRI”) is a worldwide, perpetual, royalty-free, transferable, and non-exclusive license for us to use, copy, distribute, publish, download, exhibit, reproduce, digitize, modify, adapt, create derivative works from,  publicly display, incorporate, and use Your Content on any collateral and in any media now known or later developed for advertising, marketing, or for any lawful purpose.  Additionally, you allow us to publicly credit you by name/username or link to your original post, however, we are not required to take this action.

You represent and warrant that:

• You are at least eighteen (18) years old and have the right to grant this license.

• You own all rights to Your Content and your photo was taken at the shopping center referenced-above.

• Any person(s) visible in Your Content granted you permission to convey this license and if children are depicted in Your Content, you are their parent or guardian.

• Your Content does not:

   ○ Infringe on the rights of a 3rd party including their right of publicity, privacy, intellectual property, or licensing rights.

   ○ Deceive any person or contain material that could give rise to civil or criminal liability under applicable laws.

   ○  Impersonate or give the impression that Your Content emanates from, or is endorsed by, another party if it isn’t.

   ○ Contain worms, viruses, or other harmful code.

You understand, acknowledge, and agree that you are responsible for Your Content, including its legality, accuracy, and BPRI’s reliance on your grant of license.  You agree to indemnify, release, defend and hold BPRI harmless from and against all damages, liability, claims, actions, demands and costs arising out of any breach by you of these terms.

This contract shall be governed by the internal substantive laws of the State of Illinois, without regard to its conflict of law principals. Jurisdiction for any claims arising under these terms shall lie exclusively with the state or federal courts in Chicago, Il.  To the fullest extent permitted by law, no claim under these terms may be joined to any other claim.

If you have questions, please email us at BeachwoodPlace@brookfieldpropertiesretail.com