USER-GENERATED CONTENT TERMS AND CONDITIONS
Smyth Jewelers reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because Smyth Jewelers has requested your permission to use your social media content in this way.
Smyth Jewelers engages a limited number of service providers to facilitate the collection and transmission to the Smyth Jewelers websites (https://www.giftsmyth.com/ and https://www.smythjewelers.com)(the “Site”), social media channels, promotional materials and other properties (“Smyth Jewelers Properties”) of User Content, including photos, text, graphics, audio, video, location information, comments and other materials from social media sites, for use by Smyth Jewelers in connection with its business, including Smyth Jewelers’ product feature, marketing, promotional, advertising and other consumer-related activities (the “Smyth Jewelers Services”).
USER CONTENT LICENSE
By replying “Yes” to our inquiry on your social media platform, you hereby grant to Smyth Jewelers 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 worldwide, perpetual, irrevocable, royalty free, fully-paid, non-exclusive, transferable, sublicensable right 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 emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any online and offline 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 obligation to you whatsoever.
You grant the Licensed Parties the right to use your username, 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 hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
The Licensed Parties reserve the right to remove any User Content from the Site and Smyth Jewelers Properties. If you believe any content, including User Content, residing on the Site or on Smyth Jewelers Properties or displayed or used in connection with the Smyth Jewelers Services infringes any person’s or entity’s copyright rights, please submit concerns to Smyth Jewelers using the Contact Us form: https://www.smythjewelers.com/contact-us.
INTELLECTUAL PROPERTY RIGHTS
The Site, Smyth Jewelers Services or Smyth Jewelers Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Smyth Jewelers by authorizing use of your User Content or otherwise using or accessing the Site, the Smyth Jewelers Services or the Smyth Jewelers Properties.
Last updated: June 18, 2020