User Generated Content Terms of Use
In these User Generated Content (UGC)Terms of Use, “we”, “us” and “our” refers to SummerWinds® (or any of its affiliated companies as appropriate). The "Photo" refers to the photo(s), caption and comments you posted on Facebook, Twitter, Instagram or Pinterest ("Social Media") described in the message we sent referring you to these UGC Terms of Use. By responding to our message with “I give SummerWinds® permission to use my photo” you agree that we may use your Photo in accordance with these UGC Terms of Use. You represent and warrant that:
You are at least eighteen (18) years of age or are legally considered an adult in the State or Country where you reside;
1. You have full power and authority to agree to these UGC Terms of Use;
2. The Photo is your own original creation, you did not take the photo from another website, social media posting or elsewhere, and the Photo does not contain anything that violates the rights of any person or entity;
3. The Photo does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or SummerWinds;
4. The Photo does not contain anything illegal, defamatory, obscene or offensive;
5. You have permission from any person(s) appearing in the Photo to provide us with the rights to use the Photo as described in these UGC Terms of Use;
6. Your upload or post of the Photo does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the Photo;
7. Our use of your Photo as described in these UGC Terms of Use will not violate the rights of any person or entity and will not violate any law.
8. You confirm and agree that Our use of your Photo as described in these UGC Terms of Use does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity; and
9. You have read and you agree to comply with all the terms and conditions in these UGC Terms of Use. You grant us a worldwide, non-exclusive, royalty-free, irrevocable and unlimited right and license to use your Photo (and to allow others to use the Photo) without the payment of any royalty. You agree that you shall never withdraw this permission and license to use the Photo.
We may use your Photo for any business purpose on our websites and social media pages, and in our digital newsletters, and any other online, digital marketing material and in any new media or technology that becomes available later in time, throughout the world, for an unlimited time. You agree that we may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the Photo (or any part of the Photo) and related content, and include the Photo (or any part of the Photo) into other works, for any business-related purposes, including but not limited to promotional and marketing purposes. You also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information about any use of the Photo. You agree that we have no obligation to use your Photo or your name or other identifying information.
You confirm that you have the consent or permission of any other person or entity that is required for our use of your Photo as described in these UGC Terms of Use, including but not limited to: (a) any person who appears or performs in your Photo, and (2) any person or entity who owns any rights in your Photo or anything that appears in your Photo. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to Copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the Photo and the rights you are granting us under these UGC Terms of Use. You irrevocably and unconditionally waive (and agree not to enforce) all rights in the Photo, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world. If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under these UGC Terms of Use. Whether we choose to use the Photo or not is solely our choice. We have no obligation to use the Photo and we may remove or stop using any Photo at any time, for any reason. Use of the Photo does not imply our endorsement of or any affiliation with you.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your Photo has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 and instructions in the site Terms of Use at www.columbia.com or in the site Terms of Use applicable in your country as available on our local website. You shall be liable for and shall indemnify us against any and all claims, actions, liabilities, losses, damages, expenses (including reasonable legal expenses) incurred by us which arise directly or indirectly from a breach by you of your obligations, representations or warranties under these UGC Terms of Use. These UGC Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent. We may assign our rights and obligations under these UGC Terms of Use to any other person, in whole or in part, without consent. A failure by us to exercise and any delay, forbearance or indulgence by us in exercising any right, power or remedy under these UGC Terms of Use (in whole or in part) shall not operate as a waiver of that right, power or remedy or preclude its exercise at any subsequent time or on any subsequent occasion. A person not a party to these UGC Terms of Use has no right to enforce any of these terms. These UGC Terms of Use contain all the terms agreed between us regarding the Photo and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. The construction, validity and performance of these terms shall be governed by the laws of the State of Wisconsin, USA and the parties submit to the exclusive jurisdiction of the courts of California to resolve any dispute arising under or in connection with these UGC Terms of Use. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these UGC Terms of Use are invalid, then that provision will be removed without affecting the rest of the UGC Terms of Use. The remaining provisions of these UGC
Terms of Use will continue to be valid and enforceable. Any questions regarding these UGC Terms of Use may be directed to: SummerWinds® BIS LLC, 1103 Chamise Court, Hemet, CA 92545
