UGC Terms & Conditions

User Generated Content Terms and Conditions (“Terms and Conditions”)

By sharing photos, videos, files, music, sounds, messages or other content, information or materials (“User Content”) on third party platforms and social media sites such as Instagram, TikTok, X, Facebook, and/or our third party photo sharing software provider with a hashtag designated by Jazwares, LLC or any of its affiliates including Kelly Toys Holdings, LLC collectively “Jazwares” ) inclusive of but not limited to: #SquishmallowsSquad, #ShareMySquad, #Squishmallows, #SquadSpotlight, tagging @Squishmallows in your post, or directly uploading User Content to Jazwares affiliated websites (each a “Website”), collectively referred to as the “Submissions”, you are agreeing to the following:

  • All your Submissions comply with these Terms and Conditions and all applicable website terms and conditions.
  • All your Submissions will be considered non-confidential and non-proprietary.
  • Except for the rights granted to Jazwares and its service providers, you retain all rights in and to your User Content.
  • You grant Jazwares and its subsidiaries and affiliates a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide and fully paid license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content, including the likeness of any person that appears in the User Content and any of the concepts or ideas contained in the User Content, for any purpose, including commercial uses, in all media formats and channels now known or later developed without compensation to you or any third party. To the fullest extent permitted by applicable law, you hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity or materials regarding your User Content that you may have under any applicable law or under any legal theory.

In addition, you represent and warrant that:

  • You are at least eighteen (18) years old.
  • You own or control all rights in and to your User Content and have the right to grant the license granted above to Jazwares and its service providers, and each of their respective licensees, successors, and assigns.
  • All of your Submissions comply with these Terms and Conditions and, if applicable, the relevant Website Terms and Conditions.
  • If a child(ren) under the age of 18 is depicted in your Submissions, you are the parent or guardian with legal responsibility for the child(ren) depicted therein.
  • You have the right to use the likeness of any person depicted in your Submissions.
  • You understand, acknowledge and agree that you are responsible for any User Content you submit or contribute, and you, not Jazwares nor any of its affiliates, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.You will not do anything that may disrupt, damage, disable, tamper with or overburden of limit the functionality of the Jazwares websites, online platforms or social media accounts or the environments thereof.
  • You will not post User Content that contains software, wiruses, malware, adware, or other malicious computer code, or circumvent or modify platform software or security technology.
  • You will not create, post or share User Content that contains any private or personal information of a third party without such third-party’s consent.

Jazwares is not responsible or liable to any third party for the content or accuracy of any Submission posted by you or any other user. The following content standards (the “Content Standards”) apply to any and all Submissions. Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.

Without limiting the foregoing, Submissions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of any person or entity or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions, the Website Terms of Use (if applicable), and Jazwares’ Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Any disputes, claims, controversies or legal proceedings arising out of or relating to these Terms and Conditions will be governed by and in all respects construed and enforced in accordance with the laws of the State of Florida, USA without regard to conflict of law rules or principles. To the extent permitted by applicable law, any claim brought under these Terms must be brought within one (1) year after such claim arises, otherwise the claim is permanently barred.

To the fullest extent permitted by applicable law, you, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge Jazwares, its affiliates, subsidiaries, directors and agents from any and all claims or causes of action you may have for damages arising from or related to these Terms and Conditions and the services hereunder.

Jazwares has the right to refuse to post any Submission(s) and to delete, take down, restrict or terminate any User Content at any time for any reason, without liability to Jazwares, subject to applicable law. Jazwares may terminate or restrict any accounts of users found to infringe the intellectual property rights of others in its sole discretion.