Princess Polly’s User Generated Content (UGC) Terms of Use
Princess Polly (“Company”) identifies, offers giveaways and reaches out to user content creators to seek their permission to feature our favorite content on our sites, social channels and related promotional materials. You are reading this because Company has identified you or you have identified yourself to Company, or you have otherwise signed up to participate, and in doing so Company is confirming your permission to use your social media content in this way. If you choose to allow us to use your social media content (“User Content”) by tagging Princess Polly in your User Content, submitting User Content, or otherwise participating in a giveaway, you agree to these UGC Terms of Use. If you do not agree to the permission set out in these terms, please do not submit User Content, or use said hashtag.
Company engages a limited number of service providers to facilitate the collection and transmission to the Company websites (www.princesspolly.com, www.princesspolly.com.au, and others)(the “Site”), social media channels, promotional materials and other properties (“Company Properties”) of User Content, including photos, text, graphics, audio, video, graphics, tags, location information, comments, submissions, and other materials from social media sites, for use by Company in connection with its business, including Company’s product feature, marketing, promotional, advertising and other consumer-related activities (the “Company Services”).
USER CONTENT LICENSE
You retain all ownership including all copyright to your User Content. You grant to Company and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a non-exclusive, royalty-free, fully-paid, transferable, sublicensable, worldwide, perpetual right (but not obligation) to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no notice or obligation to you.
You grant the Licensed Parties the right to use your username, handle, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.
You represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in your User Content and/or have obtained appropriate permissions from any other persons or entities who own, manage or otherwise claim any rights in your User Content, (iii) you are not a minor, (iv) our use of your User Content will not violate the rights, including copyright, trademark, trade secret, rights of privacy / publicity of any third party, or any applicable laws, and (v) any testimonials or statements you provide in the User Content are your honest opinions or experiences, are true and correct, and you agree to notify Company if they are no longer correct. You release, discharge and agree to hold the Licensed Parties harmless from any liability related to the Licensed Parties’ use of your User Content.
You grant this license with no financial or other obligation of any nature.
The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain its confidentiality. Company may collect your personal data in the form of my personal details (including your name, handle, or email) and where relevant sensitive personal data plus visual and/or audio recordings and still images of you that you provide in and related to your User Content. You acknowledge that Company requires and will process such data as necessary for its use of your User Content as provided herein. This may include sharing this data with Licensed Parties. Company may store your data until it is no longer necessary for the purposes for which it has been collected. For more information, including your data rights (such as requests to access, correct or object to processing activities), contact privacy@princesspolly.com. By providing your personal information and your User Content, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of our Privacy Policy and applicable data protection laws and regulations.
The Licensed Parties have no obligation to use your User Content and may remove any User Content from the Site and the Company Properties at any time. If you believe any content, including User Content, residing on the Site or the Company Properties or displayed or used in connection with the Company Services infringes any person’s or entity’s copyright rights, please refer to the Company Copyright Policy in the Company Terms of Use. If you no longer wish for us to use your User Content, please contact us at: privacy@princesspolly.com
ADDITIONAL TERMS
These UGC Terms of Use apply to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on the Site, on any Company Properties or in connection with the Company Services, you also will be subject to additional terms applicable to such Site, Company Properties, or Company Services, including but not limited to those on the Company websites at Terms of Use, and you agree to be bound by such additional terms, guidelines, instructions or rules (collectively the “Company Terms”).
INTELLECTUAL PROPERTY RIGHTS
The Site, Company Services or Company Properties may be protected by copyright, trademark and other intellectual property laws. You agree that you do not acquire any ownership or other rights in proprietary information and materials of Company by authorizing use of your User Content or otherwise using or the Company Properties.
MISCELLANEOUS
This Content License is (i) not subject to any guild or other collective bargaining agreement, (ii) will be binding upon and inure to the benefit of the Company’s successors, and (iii) will be governed by the laws of California (excluding its conflict of laws rules). The parties’ consent to the exclusive jurisdiction of the state and federal courts located in Orange County, California and the Central District of California. Company’s failure to enforce any legal right or remedy in these UGC Terms of Use, this will not be considered a waiver of Company’s rights. If any provision of these UGC Terms of Use is held invalid, the remaining terms will continue in full force and effect without that provision.