Endorsement and Social Media Engagement Policy
Except where prohibited by law, if you are a “fan,” “follower” of or otherwise voluntarily engage with Painted Fox Home(“we” or “PF” or “Painted Fox”) by emailing, posting, uploading or otherwise submitting photographs, graphics, videos, messages, comments or other material (collectively referred to herein as “Post(s)”) on any PF page, profile, or feed (collectively referred to herein as “Page”) of any social media platform (“Platform”) (e.g. Facebook, Twitter, Instagram, Pinterest, SnapChat, YouTube, Wanelo, We Heart It, et al.), or making any personal statement through a Post or otherwise in any media/medium which endorses PF products or services (“Endorsement”), you grant your full and unconditional agreement (or your parent or legal guardians’ full or unconditional agreement if you are under the age of majority in your jurisdiction) to this Policy. If you do not comply with this Policy at any time, PF reserves the right to restrict your use of or access as to PF’s Pages at its sole discretion without prior notice, in addition to any available remedies allowed by law or contract. For the purpose of this Policy, anyone who engages in any manner with any PF Page is a “User”.
USER GENERATED CONTENT
If you tag your Post with one of our promoted hashtags (e.g., #paintedfoxfamily), you agree to the following:
You consent and grant to PF the irrevocable, non-exclusive, transferable, sub-licensable, royalty free, worldwide right (but not the obligation), to (1) use, copy, perform, reproduce, edit, modify, display, broadcast, distribute, prepare derivative works of (or incorporate into other works), and otherwise exploit the Post (or any portion thereof) in any form, manner or media now or hereafter known including but not limited to posting or reposting the Post across PF’s digital properties (e.g., on PF’s branded websites and social media pages) and using the Post for commercial purposes including marketing, advertising, and publicity and (2) use your name, image, likeness, and username/ handle in connection with, or to reference the fact of, your Post to the extent you include such information in your Post. You understand and agree that you will not have any right to inspect or approve PF’s use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated for PF’s use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post.
You represent and warrant that (1) your Post is your original creation for which you own and/or control all rights, (2) your Post does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate any other applicable laws or regulations, (3) your Post will not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use, (4) you have obtained the express permission of each identifiable person appearing in your Post to be included and displayed in the Post as provided herein, and (5) you have the full power and authority to grant the rights contemplated herein.
You understand and acknowledge that your Post may be open to public commentary that is not under the PF’s direct control and does not necessarily reflect the views of PF. While PF may curate Posts, PF is not responsible for their content or accuracy. You understand that you may be exposed to other Posts that you find offensive, indecent or otherwise objectionable. You understand and acknowledge that PF shall not be liable for any loss or damage of any kind suffered by you in connection with Posts made available on PF’s websites or social media pages. Posts may be removed by PF at any time and for any reason.
You agree not to take any legal action against, and hereby irrevocably release and discharge, PF, and its directors, officers, employees, agents, affiliates, franchisees, licensees, or any other person or entity acting on its behalf, from all claims in connection with the use or viewing of Posts as contemplated herein including but not limited to any claims based on trademark, copyright, right of publicity, defamation or invasion of privacy.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless PF and its directors, officers, employees, agents, affiliates, franchisees, and licensees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of this Policy; (ii) your violation of any third party right, including without limitation any trademark, copyright, property, or privacy right; or (iii) any claim that your Post caused damage to a third party.
The rights to PF’s information may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than PF. Additionally, certain content displayed and contained within PF Pages is the original authorship of PF and is owned exclusively by PF. By being a User of or Posting on any of PF’s Pages, you acknowledge that you may not modify, publish, transmit, display, copy, participate in the transfer or sale, create derivative works, or in any way exploit any of the content found, whether owned by PF or a third party, other than as provided herein.
You may request removal of any of your User-Generated Content by sending a removal request email to [email protected] Your email must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted.
PFt respects the intellectual property rights of others and expects Users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement you may notify our designated copyright agent by mail at Painted Fox, 1217 North Glenwood Circle, West Bend, WI 53090 ATTN: INTELLECTUAL PROPERTY DEPARTMENT. Please make sure to include the following information with your notification:
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit PF to locate the material including a link to or URL for the material;
- identification of the copyrighted work or a representative list of the works claimed to have been infringed;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- your name, address, telephone number, and email address, so that we may contact you if necessary;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.