CLOAK BRAND, LLC.

USER GENERATED CONTENT TERMS AND CONDITIONS 

Thank you for considering our request!  By responding to our request in any affirmative manner, including by (a) tagging your Media with a hashtag supplied by us, or (b) uploading your Media to our websites, mobile sites, or social media sites (“Website(s)”), you are making a submission (each, a “Submission”) to CLOAK BRAND, LLC. and/or its direct and indirect affiliates and subsidiaries (collectively, "we," “our,” or "us") and you agree to the terms and conditions contained herein.

By making a Submission, you agree that we may use your Media in accordance with these UGC Terms of Use.  If your Submission is selected by us, it may be displayed or appear on the Website or in other marketing, advertising, or promotions together with your name and other identifying information provided, including without limitation any social media identifier, handle, or profile picture.  The "Media" refers to the photo(s), video(s), caption(s), and comment(s) you posted on any website or social media platform.

About You.  You represent and warrant that:

  • You are at least eighteen (18) years of age or are legally considered an adult in the state or country where you reside;
  • You have full power and authority to agree to these UGC Terms of Use;
  • The Media is your own original creation, you did not take the Media from another website, social media posting or elsewhere, and the Media does not contain anything that violates the rights of any person or entity;

The Media does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or CLOAK BRAND, LLC.

  • The Media does not contain anything illegal, defamatory, obscene, or offensive;
  • You have permission from any person(s) appearing in the Media to provide us with the rights to use the Media as described in these UGC Terms of Use; andif children are depicted in the Submission, you are the parent/guardian with legal responsibility of any minors depicted in the Submission;
  • Your upload or post of the Media does not violate any applicable laws or the terms or requirements of the Website platform(s) where you uploaded or posted the Media;
  • Our use of your Media as described in these UGC Terms of Use will not violate the rights of any person or entity and will not violate any law,including, but not limited to, intellectual property rights, copyrights, trademarks, rights of publicity/privacy, patent, trade secret, or confidentiality obligations;
  • You confirm and agree that Our use of your Media as described in these UGC Terms of Use does not and shall not require any payment to any person or entity and does not require license, authorization, approval, or consent by any other person or entity; and
  • You have read and you agree to comply with all of the terms and conditions in these UGC Terms of Use.

Our Use of Your Media. You grant us an irrevocable and unlimited right and license to use your Media (and to allow others to use the Media) without the payment of any royalty. You agree that you shall never withdraw this permission and license to use the Media. We may use your Media for any business purpose on our websites and social media pages, and in our digital newsletters, and any other online, digital marketing material and in any new media or technology that becomes available later in time, throughout the world, for an unlimited time. You agree that we may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the Media (or any part of the Media) and related content, and include the Media (or any part of the Media) into other works, for any business related purposes, including but not limited to promotional and marketing purposes. You also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the Media. You agree that we have no obligation to use your Media or your name or other identifying information.  You confirm that you have the consent or permission of any other person or entity that is required for our use of your Media as described in these UGC Terms of Use, including but not limited to: (a) any person who appears or performs in your Media, and (2) any person or entity who owns any rights in your Media or anything that appears in your Media. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the Media and the rights you are granting us under these UGC Terms of Use.  You irrevocably and unconditionally waive (and agree not to enforce) all rights in the Media, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.  If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect, or enforce any of the rights you have given to us under these UGC Terms of Use.  Whether we choose to use the Media or not is solely our choice. We have no obligation to use the Media and we may remove or stop using any Media at any time, for any reason. Use of the Media does not imply our endorsement of or any affiliation with you.

Personal Data.  You consent to our collection of any personal data you provide in connection with the use of the Media as described herein. If you do not agree to the collection, use, and disclosure of your personal information in this way, please do not provide us with personal information or agree to these terms. Your personal information may be transferred to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries. You agree to such collection, use, disclosure, transfer, and processing of your information in accordance with these UGC Terms of Use.

Copyright Policy.  We respect the intellectual property of others, and we ask you to do the same. If you believe that your Media has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998.

Limitation of Liability.  You shall be liable for and shall indemnify us against any and all claims, actions, liabilities, losses, damages, and expenses (including reasonable legal expenses) incurred by us which arise directly or indirectly from a breach by you of your obligations, representations, or warranties under these UGC Terms of Use.

Miscellaneous.  These UGC Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent. We may assign our rights and obligations under these UGC Terms of Use to any other person, in whole or in part, without consent.  A failure by us to exercise and any delay, forbearance, or indulgence by us in exercising any right, power, or remedy under these UGC Terms of Use (in whole or in part) shall not operate as a waiver of that right, power or remedy or preclude its exercise at any subsequent time or on any subsequent occasion. A person not a party to these UGC Terms of Use has no right to enforce any of these terms.  These UGC Terms of Use contain all the terms agreed between us regarding the Media and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.  The construction, validity and performance of these terms shall be governed by the laws of the State of California, USA and the parties submit to the exclusive jurisdiction of the courts of California to resolve any dispute arising under or in connection with these UGC Terms of Use. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these UGC Terms of Use are invalid, then that provision will be removed without affecting the rest of the UGC Terms of Use. The remaining provisions of these UGC Terms of Use will continue to be valid and enforceable.  Any questions regarding these UGC Terms of Use may be directed to: CLOAK BRAND, LLC. 1125 Crenshaw Blvd. Los Angeles, CA 90019