Social Media Terms
These “Social Media Terms,” or “Terms,” apply to all of the Stella & Dot websites and services (the “Service”), including any portion of the Stella & Dot Family Brands’ websites, the official corporate websites, Independent Business Owner personal websites, the Independent Business Owner-only portion of the websites, known as the “Lounge,” any other websites under the control of Stella & Dot (collectively, the “Website”), and our mobile applications, as well as the upload of Submissions, as defined below, to your social media accounts on third-party platforms such as Facebook, Instagram, Pinterest, Snapchat, Twitter, or YouTube (“Social Media Platforms”) using Stella & Dot’s brand-related hashtags (“Hashtags”).
You are solely responsible for your use of the Service. You certify to Stella & Dot that you are at least 18 years of age or use the Service only under the supervision of a parent or legal guardian. You also certify that you are legally permitted to use the Service and access the Website.
We use a third party, currently Olapic, Inc., to facilitate the direct upload of Submissions to the Service, for use by Stella & Dot in marketing, promotional, advertising and other customer engagement channels, as well as the collection of Submissions from Social Media Platforms on behalf of Stella & Dot. You may directly upload Submissions or post Submissions to Social Media Platforms, including by tagging content with certain Stella & Dot-related Hashtags. For purposes of these Terms, the word “Submissions” means text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute, including any ideas, content of any kind (including, without limitation, text, software, photographs, videos, audiovisual works, graphics, music, and sound), or other information you provide via the Service, a Social Media Platform or by using a Hashtag.
Use of Your Submissions
We welcome your inclusion of Stella & Dot on Social Media Platforms. By uploading Submissions and posting Submissions with Hashtags to Social Media Platforms, you grant to Stella & Dot, its third-party service providers who provide content management services, including Olapic, Inc., and our or their retail partners (collectively, the “Licensed Parties”) a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable, transferable, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, create derivative works, and incorporate such Submissions and the names identified, including all social media handles, social media IDs, profile pictures, images, likeness, comments, posts, statements or other information, on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes without any compensation to you. You waive any rights you may have regarding your Submissions being altered or manipulated in any way that may be objectionable to you. The Licensed Parties reserve the right, at their sole discretion, to edit, modify, delete or remove any Submission and to choose to include or not include such Submission on the Service or elsewhere. This license will continue even after you stop using the Service. You also hereby grant each user of the Service a non-exclusive license to access your Submissions through the Service and third-party Social Media Platforms.
To the fullest extent permitted by applicable law, you further irrevocably waive any all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages and expenses, including but not limited to claims for violation of copyright or trademark rights, violation of "moral rights", defamation, invasion of rights of privacy, rights of publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress or any similar or other claim or cause of action under any applicable law or under any legal theory (“Claims”) arising directly or indirectly from the Licensed Parties’ exercise of their rights under these Terms and the use and exploitation of any Submission, and whether resulting in whole or in part by the negligence of the Licensed Parties or any other person and you covenant not to make or bring any such Claim against the Licensed Parties or our parents, affiliates, licensees, licensors, and each of their respective officers, directors, employees, successors, agents and assigns, and forever release and discharge all such parties from liability under such Claims. You further acknowledge and agree that the Licensed Parties have no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of information voluntarily made public through any part of the Service.
You acknowledge and understand that if you choose to make any of your personally identifiable information or other information and/or content publically available through the Service, including via a Hashtag, you do so at your own risk.
You understand and agree that you will not obtain, as a result of your Submissions or use of the Service, any right, title, or interest in or to such content delivered via the Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
Claim of Copyright Infringement
We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:
· A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the Service;
· Your physical address, telephone number and email address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by the law; and
· A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
We may terminate the accounts and/or prevent content posting of users who repeatedly infringe copyright holders’ copyrights. A “repeat infringer” is a user who, on more than two occasions, has been determined by final order of a United States court to have infringed the copyright rights of a third party by providing infringing content through the Service.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Service, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to your physical address in our records. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
Our Copyright Agent for notice and counter-notices of claims of copyright infringement on this Service can be reached as follows:
Stella & Dot LLC
Attn: Copyright/Fraud Prevention
8000 Marina Blvd, Suite 400
Brisbane, California 94005
By Email: email@example.com
Disclaimer of Warranties
“Released Parties” include Stella & Dot and its affiliates, subsidiaries, officers, employees, agents, partners, Business Owners, licensors, licensees, resellers and distributors, and the Licensed Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE Service AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Service IS AT YOUR SOLE RISK, AND THE Service AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Service ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Released Parties DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS AND SERVICES OFFERED BY THE RELEASED PARTIES OR OTHER PERSONS ON OR THROUGH THE Service, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NONINFRINGEMENT. Released Parties DO NOT WARRANT THAT (A) THE Service AND THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Service ARE ACCURATE, UN-INTERRUPTED, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS Service WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (C) THE Service OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Service WILL MEET YOUR REQUIREMENTS, (D) THE QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE ON THE Service WILL MEET YOUR EXPECTATIONS, OR (E) THE Service OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS Service MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Service IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Released Parties DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST Released Parties WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SERVICES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). Released Parties MAY IMPROVE, SUSPEND, OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS Service AT ANY TIME WITHOUT NOTICE OR LIABILITY. Released Parties ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS Service OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS Service. SOME JURISDICTIONS SUCH AS SASKATCHEWAN AND QUEBEC DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE Released Parties BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS Service, CONTENT, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Service OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE Service OR ANY OTHER PERSON OR ENTITY, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE Service; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (E) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE Service.
IN NO EVENT SHALL THE Released Parties’ TOTAL COLLECTIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE Service EXCEED THE AMOUNT PAID BY YOU TO USE THE Service, IF ANY, OR $100 (WHICHEVER IS LESS). MOREOVER, UNDER NO CIRCUMSTANCES SHALL THE Released Parties BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE Service OR CHANGE THE Service OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
Governing Law, Jurisdiction and Venue
This Service is created and controlled by us in the State of California. The laws of the State of California govern these Terms, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms or the Service shall be filed, and that venue properly lies, only in the State or Federal courts located in San Mateo County, State of California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Last Updated on June 14, 2016.