TERMS AND CONDITIONS
By posting your content with the hashtag #stonedgoods to a social media site, you are representing that you agree to the following Terms and Conditions:
I SHOT THE PHOTOGRAPH AND NO OTHER PERSON ASIDE FROM MYSELF APPEARS IN THE PHOTOGRAPH: I shot the original photograph(s), graphic(s), image(s), selfie(s), video(s), message(s), or other material(s) that I have tagged with #stonedgoods, and created any accompanying caption(s), (collectively, the “User Content”) and, in consideration for good and promotional consideration, the sufficiency and receipt of which are hereby acknowledged, I wish to license any and all rights in the User Content to Volcom, LLC (“Volcom”) upon the terms and conditions as set forth in this Agreement. I warrant and represent that no other person has shot or appeared in the User Content. In the event someone else has in fact shot or appeared in the User Content, I hereby warrant and represent that each person has, in consideration for good and promotional consideration, in a writing that I shall furnish promptly to Volcom upon request, licensed any and all rights in the User Content to Volcom upon the terms and conditions set forth in this Agreement.
VOLCOM MAY USE THE USER CONTENT: I hereby grant to Volcom, in perpetuity, the irrevocable, non-exclusive, royalty-free, worldwide right and license to use the User Content (in connection with any Volcom design, development, production, marketing, advertising, distribution, promotion, and sale, for any and all purposes,), sublicense, telecast, publicize, edit, change, modify, add to, subtract from the User Content, and create derivative works, in any and all media (including social media sites) now known or hereafter developed, without any compensation to me. I represent and warrant that all of the User Content submitted to Volcom using the hashtag #stonedgoods hereto is original in nature and that I have the legal right to irrevocably license to Volcom, and its respective successors, licensees, sub-licensees and assigns, in perpetuity, the rights mentioned herein to the User Content.
I ASSUME THE RISKS ASSOCIATED WITH THE INTERNET AND SOCIAL MEDIA: I understand under no circumstances will Volcom be liable in any way for any loss or damage of any kind incurred by me as a result of the use of the User Content. Volcom has the right, but not the duty, to monitor and edit or remove the User Content and/or any comments posted about User Content. I further acknowledge Volcom is not responsible for, and does not endorse, the opinions, advice, suggestions or recommendations posted or sent about the User Content and Volcom disclaims any liability in connection therewith. As well, I understand when publishing the User Content on the internet, including by use of the hashtag #stonedgoods on a social media site, Volcom has no control over the User Content and it is possible that others may duplicate it, including, but not limited to, on other sites on the internet.
USE OF MY NAME AND MY LIKENESS: I hereby grant to Volcom the right to use of my name, nickname, likeness, voice, picture, image, caricature, statements, social media handle, accompanying texts, inquiries, feedback, suggestions, language, writings, statistics, signature, facsimile signature, biography, photograph, video, motion picture and any other reference to my persona, personality, information I provide Volcom or preferences (collectively the “Attributes”), in connection with the manufacture, sale, marketing, advertising and promotion of Volcom products and/or the Volcom brand, including, without limitation, on the internet and in connection with social media. This license shall include, without limitation, the right to use the Attributes in the advertisement and promotion of Volcom products and marketing that use or reference the User Content, including, without limitation, on and in any artwork, packaging, advertising and promotional material and in connection with any and all advertising, press conferences, media releases, social media accounts, internet-based marketing, broadcasts and other incentive, publicity and public relations programs relating to Volcom or the User Content without restriction as to geographic distribution or the frequency or duration of use.
I represent and warrant that: (a) I have the sole and exclusive right to enter into and perform this Agreement and to grant the rights granted herein, (b) the rights I have granted hereunder will not conflict with or violate any commitment, agreement or understanding I have or will have with, nor infringe upon any rights of, any person or entity, (c) the consent of no other party is required for Volcom to exercise its rights hereunder, (d) I am over 18 years of age and (e) I am a legal resident of the United States of America. I understand Volcom is conducting such activities in express reliance upon the foregoing. I will have no claim (including without limitation claims based on invasion of privacy, trademark, copyright, defamation, libel, slander, right of publicity and any other personal and property rights) arising out of any use of the User Content or Attributes permitted by this Agreement, and I hereby agree to release, indemnify, defend, hold harmless, and discharge Volcom from and against any and all claims, damages, losses, costs, expenses and/or liabilities of any kind or nature whatsoever (including without limitation attorneys’ fees) arising out of or in connection with or incurred by reason of the use of the User Content and/or the Attributes set forth herein or the inaccuracy or breach of any representation, warranty, promise, agreement or undertaking I have made herein.
Volcom will not be obligated to produce, release, or actually use the User Content or the Attributes or continue such production or release or use if commenced. Volcom does not guarantee the accuracy, integrity or quality of the User Content. My sole and exclusive remedy for Volcom’s breach, termination or cancellation of this Agreement or any term hereof will be an action at law for damages, if any; and I irrevocably waive any right to seek and/or obtain rescission, equitable or injunctive relief, to terminate or rescind this Agreement and/or to enjoin or restrain the distribution, exploitation, advertising, promotion or exhibition of the User Content, the Attributes or any rights therein. It is understood and agreed that in no event will Volcom be liable for any indirect, incidental or consequential damages. Volcom may license or assign this Agreement and/or all or any part of its rights hereunder to any persons or entities whatsoever, and upon such assignment Volcom will be released from its obligations hereunder. This Agreement will inure to the benefit of and be binding upon the parties’ respective successors, licensees and permitted assigns. I may not assign this Agreement in whole or in part without Volcom’s prior written consent. Notwithstanding anything to the contrary set forth herein, the grant of rights, representations, warranties and indemnities hereunder will survive the expiration or other termination of this Agreement.
This agreement is governed by the laws of the State of California and constitutes the complete and exclusive agreement between Volcom and me, and I am not relying on any other representation or agreement, whether oral or written. The Parties agree that any disputes between them which cannot first be resolved informally, will be resolved by final and binding Arbitration in Orange County, California, pursuant to the rules and procedures of the American Arbitration Association.
NO MISCONDUCT: I agree not to transmit, upload, post, email or make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including spam. I agree not to impersonate any person or entity, or falsely state or otherwise misrepresent my affiliation with any person or entity (including that of Volcom), intentionally or unintentionally violate any applicable local, state, national or international law, or collect or store personally identifiable data about other people.
Instagram™, Twitter™, and other similar social media forums are registered trademarks of their respective companies and not affiliated with Volcom. Any submission via these or other similar social media sites are subject to all rules and regulations of such sites along with all other applicable laws and regulations. I understand that if I choose to submit my User Content via mobile telephone, standard data rates may apply.
The terms of this agreement are subject to change at any time without prior notice. Any such changes will be reflected on the Social Media User Generated Content Photo Sharing Terms and Conditions page of the volcom.ca website. This agreement may not be altered or waived except by a writing signed by both parties.
REMOVAL THE USER CONTENT: To request removal of User Content from a Volcom social media account or Volcom website, please send an email to firstname.lastname@example.org and include 1) in the subject heading “Removal of User Content, 2) in the body of the email please provide the reason you are reporting it, 3) your email address, 4) a clear copy of the User Content you want removed so that Volcom may locate the User Content, 5) the social media site or website where the User Content you want removed appeared on (along with a link if possible), and 6) your social media account name (if applicable) so that Volcom may better locate the User Content. This email address will only be used to communicate with you about the User Content. Once Volcom has had an opportunity to review your request, Volcom will remove the User Content from the Volcom social media account or Volcom website referenced in your email. After that, a Volcom representative will review the report and determine whether the User Content should be deleted permanently.
QUESTIONS OR IF YOU BELIEVE YOUR CONTENT IS BEING USED BY VOLCOM WITHOUT AUTHORIZATION: Volcom respects the intellectual property rights of others. If you believe in good faith that your intellectual property rights and/or rights of publicity have been used on Volcom’s website or a Volcom social media account without authorization and in an infringing manner, you may notify Volcom via email at email@example.com or by mail to Volcom, LLC, Attention DIGITAL/SOCIAL MARKETING, 1740 Monrovia Avenue, Costa Mesa, California 92627, return receipt requested. While Volcom strives to make Volcom’s website and its social media accounts a positive place, they remain public forums, and other users may attempt to obtain personal information about you in order to harass or injure you. You acknowledge and agree that Volcom is not responsible for others’ misuse of information publicly disclosed here. Please carefully select the type of information that you post or share, and report any abuse to Volcom.