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USER CONTENT: TERMS AND CONDITIONS

(Updated October 2015)

By responding #yesForevermark, you grant to Forevermark Limited and its affiliates and/or related entities (collectively “Forevermark”) a non-exclusive, transferable, sub-licensable, royalty-free, world-wide license in perpetuity to use your moniker, handle, photos and/or other content and any intellectual property content (“User Content”) that you have tagged with #TheOne in any media, including but not limited to its website, social media pages, marketing, third party materials featuring the Forevermark brand, and advertising. Forevermark may use, reproduce, distribute, combine with other materials, alter and/or edit your Photos in any manner in its sole discretion, with no obligation to you whatsoever, and you hereby waive all moral rights to the User Content. You hereby represent and warrant that: (i) you own all rights in and to the User Content; (ii) you have permission from any person(s) appearing in or any materials featured in the User Content; (iii) you are not a minor; and (iv) Forevermark’s use of your moniker, handle and User Content will not violate the rights of any third party (including intellectual property, image or privacy rights) or any law. You hereby release, discharge and agree to hold Forevermark and any person acting on Forevermark’s behalf harmless from any liability related in any way to Forevermark’s use of the User Content. Should you wish for us to stop using the User Content at any time, please email us at the following address: social@forevermark.com. These Terms and Conditions shall be governed by the laws of England and Wales, and you agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or its subject matter or formation (including non-contractual disputes or claims).