User Generated Content Terms & Conditions
TERMS & CONDITIONS FOR PRODUCT REVIEWSBelow Terms and Conditions apply when you post a product review on us.ecco.com.
1. LICENSE FOR USE
When you post a product review on our webpage us.ecco.com, then you grant ECCO USA Inc. (hereinafter referred to as “ECCO”) and any other legal entity controlling, under common control with or under the control of ECCO (“ECCO Affiliates”) (ECCO and the ECCO Affiliates are jointly referred to as the “Licensees”), a perpetual, unlimited, non-exclusive, royalty-free, transferable and fully sub-licensable worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display the text, photographs and/or any other content contained in the posted product review (“User Content”) in any media including but not limited to ECCO branded webpages, social media, newsletters, third party materials, promotional materials, advertisements etc. for all promotional, marketing, advertising and other commercial purposes, further, you grant the Licensees the right to use your name, likeness and/or username/handle in connection with any display, publishing or other use of the User Content. (the “License to Use”).
2. WITHDRAWAL OF LICENSE TO USE
You may at any time withdraw the License to Use. The withdrawal of the License to Use shall not affect the lawfulness of the use based on the License to Use prior its withdrawal. In case of withdrawal of the License to Use, the Licensees shall without undue delay cease any further use of the User Content and use reasonable endeavors to ensure that the User Content within reasonable time is removed from all online media it is in control of. Licensee shall not be obliged to remove the User Content from any printed media, or cease to use already printed material, except that the Licensee shall not be entitled to produce any new printed material using the User Content. Withdrawal of the License to Use must be done by sending an e-mail request to firstname.lastname@example.org including relevant information helping us identifying the concerned product review including the following information: your username/handle; your e-mail used, when posting the product review; the date of the product review; the product name the product review concerns; and if possible a screen dump of the concerned product review.
3. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to the Licensees that
I. You are above 18 and of legal age and competent of making the binding commitments hereunder,
II. You have the requisite right to transmit, distribute, replicate, and post the User Content,
III. You are the sole owner, e.g. the copyright owner, or have the rightful owner’s permission required to grant the rights to the User Content provided herein,
IV. You hold the full and necessary rights to grant the licenses described herein,
V. You have obtained the consent of each person, if any, depicted or otherwise referenced in the User Content,
VI. You are the parent or legal guardian of each child under the age of 18, if any, depicted or otherwise referenced in the User Content,
VII. the User Content and the Licensees use of the User Content as permitted under these Terms and Conditions, do not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights, privacy, proprietary rights or any other legal or moral rights of any third party, or violate any other applicable laws and regulations,
VIII. the User Content is correct and accurate and that it is not and will not be illegal, obscene, threatening or defamatory, and
IX. you will not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any User Content.
If at any time you believe that any of the representations and warranties provided above is not correct, you must notify ECCO immediately by sending an e-mail to email@example.com and identifying the User Content along with an explanation of the issue.
You understand and acknowledge that
I. the User Content, when used by the Licensees, may be open to public commentary that is not under the Licensees direct control and does not necessarily reflect the views and opinions of the Licensees,
II. your User Content may be exposed to other posts and comments that you might find offensive, indecent or otherwise objectionable, and
III. the Licensees shall not be liable for any loss, damage, harm or tort of any kind suffered by you in connection with posts and comments made available on the Licensees’ websites or social media pages.
Posts and comments to your User Content may be removed by the Licensees at any time and for any and no reason, but the Licensees shall not be obligated to do so.
4. INDEMNIFICATION BY YOU
To the extent permitted by applicable law you agree to defend, indemnify and hold harmless the Licensees, against any and all claims, damages, losses, expenses and costs including reasonable attorneys’ fees arising from: (i) your violation of any term of these Terms and Conditions; (ii) your violation of any third party right, including without limitation any trademark, copyright, property or privacy right; or (iii) any claim that your User Content caused damage to a third party.
5. PRIVACY INFORMATION
Last updated 01.11.2019