Terms and Conditions
Last Updated: September 12, 2018
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND CONAIR CORPORATION (“CONAIR,” “WE,” “OUR” OR “US”). BY REPLYING TO OUR MESSAGE TO YOU WITH #YOUCANSHARE, #YESCONAIR OR WITH ANOTHER PHRASE AS INDICATED BY US IN OUR MESSAGE, YOU ARE AGREEING TO ALL OF THESE TERMS WITH RESPECT TO THE CONTENT (DEFINED BELOW). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT REPLY TO OUR MESSAGE TO YOU. IN PARTICULAR, BUT WITHOUT LIMITATION, YOU CONFIRM THE FOLLOWING:
- YOU ARE GRANTING CONAIR, ITS AFFILIATES AND ITS BUSINESS PARTNERS (AS DEFINED BELOW) THE RIGHT TO USE YOUR CONTENT (DEFINED BELOW) ON THEIR WEBSITES, SOCIAL MEDIA PLATFORMS AND RETAILER WEBSITES, AS WELL AS IN OTHER FORMS, MEDIA AND/OR DISTRIBUTION METHODS AS DESCRIBED BELOW, INDEFINITELY;
- YOU CREATED THE CONTENT OR HAVE PERMISSION FROM THE CREATOR OF THE CONTENT TO GRANT THE RIGHT TO USE THE CONTENT;
- YOU HAVE ALL NECESSARY RIGHTS AND PERMISSIONS TO GRANT THE RIGHT TO USE THE CONTENT WITH RESPECT TO ALL INDIVIDUALS APPEARING IN THE CONTENT;
- YOU ARE NOT AN EMPLOYEE, CONSULTANT, BRAND AMBASSADOR, OR OTHERWISE MATERIALLY RELATED TO CONAIR, AND CONAIR HAS NOT COMPENSATED YOU FOR YOUR CONTENT;
- YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY, WHICHEVER IS OLDER, IN YOUR STATE AND/OR COUNTRY OF RESIDENCE.
We have sent you a message requesting the right to use the piece of content referenced in our message that you created or made available, which may include, without limitation, a photograph, text, handle or account name, information, images, graphics, video or any combination thereof (collectively, “Content”). By replying to our message to you with #YouCanShare, #yesConair or with another phrase as indicated by us in our message, you hereby grant to Conair, its affiliates, successors and assigns and any customer, vendor, service provider, licensor or licensee of Conair or other person, in each case as authorized or permitted by Conair (collectively “Business Partners” and together with Conair, its affiliates and any of their licensees, the “Licensees”) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, including without limitation, any purpose relating to the marketing, advertising and promotion of Conair’s and its affiliates’ goods and services. Said uses may include, but are not limited to, posting your Content on any website or social media site, transmitting your Content to consumers via e-mail, reproducing or displaying your Content on computers and mobile devices, or reproducing your Content in print. To the maximum extent permitted by law, you waive and agree not to assert any and all copyright rights, moral rights or rights of attribution and integrity in your Content, if any, against the Licensees. Any Licensee may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to the Content as necessary to conform and adapt it to any requirements or limitations of any networks, devices, services or media.
You will retain all ownership of the Content (subject to the license granted herein). Any Licensee shall have the right, but not the obligation, to use your username, and, if provided in connection with the Content, real name, image, likeness, caption, location information or other identifying information, in connection with any permitted use of the Content.
By approving the use of the Content, you waive (i) any right to review, inspect or approve the use of the Content in any format or media, whether that use is known to you or not; and (ii) any right to royalties or other compensation arising from or related to the use of the Content.
Your authorization to use the Content implies a consent to the transfer, processing, and storage of your information, including personal information, in the United States.
In order to use and manage such Content, Conair is processing your personal data through a third service provider, Olapic.
The personal data processed by Conair through Olapic are:
- your name
- your social media username
- physical address (if available)
- email (if available)
- IP address
- geolocation (if available)
- date of consent
- terms of consent
Your personal data is retained as long as needed to use the Content and as necessary to comply with legal obligations, resolve disputes and enforce our agreement.
Upon request, we will provide you with information about whether we hold any of your Personal Information and, if that is the case, what Personal Information we hold. If your Personal Information changes, or if you wish to withdraw your consent or exercise your right to be forgotten, you may correct, update, delete or deactivate your information from our records by contacting us at email@example.com.
If you withdraw your consent to use the Content in the terms set out above, Conair will cease to process your personal data within a reasonable period and no later than 30 days of the date the consent was withdrawn.
Please note that the withdrawal of consent does not compromise the legality of the processing, based on such consent and made before the withdrawal.
Please note that we will keep personal data that we were able to collect, until your withdrawal of consent is made effective. The personal data thus collected, will be kept for the entire duration of the retention period indicated above.
YOUR OBLIGATIONS, REPRESENTATIONS AND WARRANTIES TO CONAIR
You agree to abide by common standards of decency and act in accordance with the law. You may not upload, post or otherwise generate or make available to us any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Content that you provide.
You represent and warrant that: (i) you are at least 18 years old or the age of majority, whichever is older, in your state and/or country of residence; (ii) you have full right and authority to enter into this agreement; (iii) neither your Content, nor the use of the Content as permitted in these Terms, will infringe upon, misappropriate or violate any laws or the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity; (iv) neither you nor any person appearing in the Content is an employee, consultant, brand ambassador, or is otherwise materially related to Conair; (v) Conair has not compensated you for the Content; and (vi) you own or have obtained all necessary rights and permissions to grant the rights granted herein, including without limitation, all rights or permissions from the creators of the Content or with respect to any individual(s) appearing in the Content (or such individual(s) parent or legal guardian, if any such individual is under 18 years of age or the age of majority in his or her state and/or country of residence), and no payment of any kind is due to any third party for the use of the Content as set forth herein.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content that you provide.
You agree to indemnify and hold Conair and any other Licensee and their respective officers, directors, employees and agents harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Conair or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand relating to or arising out of the Content or your violation or misappropriation of any applicable law, regulation, or the copyrights, trademark rights or other rights of any third party.
INTELLECTUAL PROPERTY INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on a Conair website, please provide Conair’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Conair to locate the material.
- Information reasonably sufficient to permit Conair to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Conair’s agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:
23 Barry Place
Stamford, CT 06902
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
These Terms and any related claim or dispute, whether in contract, tort or otherwise, shall be governed by the laws in effect in the State of Connecticut, without giving effect to its conflicts of law principles. You hereby irrevocably consent and agree to the exclusive jurisdiction of the federal and state courts of Fairfield County in the State of Connecticut. In the event that any provision of these Terms shall for any reason be held to be invalid, illegal or unenforceable in any jurisdiction, such provision shall be revised solely to the extent necessary to render such provision valid, legal and enforceable, and without invalidating or affecting the remaining provisions hereof. Nothing contained herein shall deem or construe you and Conair to be partners, joint venturers, principal-agent or employer-employee, and no party shall have any authority to obligate or bind the other whatsoever. These Terms represent the entire agreement between you and Conair with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written. No modifications, amendments or waivers will be effective unless in writing and signed by both you and Conair.
If you have any questions about these Terms, you can reach us by email at firstname.lastname@example.org or by mail at Conair Corporation, 1 Cummings Point Road, Stamford, CT 06902, Attention: Customer Service.