User Generated Content Terms and Requirements
By checking the terms and requirements box for the Kate Spade Joy Call, YOU ARE REPRESENTING THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU AGREE TO THE FOLLOWING TERMS WITH TAPESTRY, INC., ITS SUBSIDIARY KATE SPADE LLC, AND ITS AFFILIATES, SUCCESSORS, LICENSEES AND ASSIGNS (COLLECTIVELY, “KATE SPADE”) AND TO COMPLY WITH THE FOLLOWING REQUIREMENTS. These Terms and Requirements should be carefully read before uploading a story or both a story and photo. YOU MAY CHOOSE TO NOT CHECK THE REPRESENTATION AND AGREEMENT BOX FOR THE Kate Spade Joy Call, HOWEVER, SUCH CHOICE WILL PREVENT YOU FROM UPLOADING ANY STORIES OR PHOTOS TO KATE SPADE’S INSTAGRAM PAGE with handle @katespadeny (the “Site”).
Any photo or video including tags and captions submitted by you must be original work created by you and must be of you (“Content”). The caption must be 500 characters or less and showcase your special talent and how it brings you joy.
Any Content must not include:
- commercial content or content that references products, trademarks, logos, stores or websites of companies other than Kate Spade;
- content that violates any third party intellectual property rights (including such rights in music and sound);
- another person’s name, photograph, image, likeness or appearance, unless you have that person’s express permission;
- material for which you were compensated or provided any consideration by a third party;
- personal contact information for yourself or others;
- corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer;
- content that is unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, false, misleading or otherwise objectionable to Kate Spade , as determined by Kate Spade in its sole and exclusive discretion;
- content that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- content encouraging conduct that would constitute a criminal offense or promotes alcohol, drugs, tobacco, firearms/weapons;
- content that could give rise to civil liability or otherwise violate any law; or
- content encouraging conduct that is unsafe or dangerous or with any political agenda or message.
By checking the terms and requirements box for the Kate Spade Joy Call and uploading Content you:
- represent and warrant to Kate Spade that (i) you are the individual in the Content or you have the express permission of the person(s) in the Content to use their name and/or likeness; (ii) the material in the Content is original (no lifts from previously published material); (iii) you own all right, title and interest to the Content and have the sole and exclusive right to license all of the rights therein to Kate Spade as set forth herein; and (iv) use of the Content on the Site other Kate Spade Channels, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights.
- You grant Kate Spade the irrevocable, fully paid-up, royalty free, sublicensable, transferable, perpetual, worldwide right and license to reproduce, distribute, transmit, publicly display and perform, modify, create derivative works of, synchronize, broadcast and generally use the Content (or parts thereof) in connection with Kate Spade’s marketing, advertising, promotion, and sale of its products and/or business and business initiatives in all forms of print, online/digital, or other media whether now known or hereinafter existing or invented. You agree to release and waive any and all publicity and moral rights you may have with respect to the way in which your name, likeness, image, portrait, picture, voice, appearance and/or performance is displayed or edited within such Content or in connection with the promotion of such Content. You understand and agree that the third party channel or platform you use to post the Content may have terms of service and additional policies, which you agree to review and comply with.
- All uses granted are for the purpose of advertising or trade and promoting and publicizing Kate Spade and its products and services without any payment to or further authorization by you. The granting of the foregoing rights does not create any obligation on the part of Kate Spade to post the Content on the Site or otherwise use the Content. You understand and agree that the third party channel or platform you use to post the Content may have terms of service and additional policies, which you agree to review and comply with. Under the license granted, Kate Spade is free to use any ideas or concepts contained in the Content without further attribution, compensation or notice to you. For clarity, Kate Spade does not claim ownership of your Content, but receives the above grants of rights from you for use of the Content on the Site, on other Kate Spade-branded social media channels, including but not limited to the following and the respective handles:
or on katespade.com (“Kate Spade Channels”).
- agree that if the Content is posted, you will have no right of approval before or right to deletion after the Content is posted on the Site or other Kate Spade Channels and that you and your heirs and assigns will have no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of your name, video, picture, likeness, and voice.
- agree that you have not previously authorized nor will you authorize or permit the use of your name, picture, or likeness in connection with the advertising or promotion of any product or service competitive to or incompatible with those of Kate Spade. For purposes of clarity, incompatible with Kate Spade would include without limitation use of your name, picture, or likeness in a manner that is a violation of any of the Requirements noted above.
- release Kate Spade from any and all claims relating to the use of the Content, including but not limited to any claim for copyright infringement, trademark infringement, misappropriation of trade secrets, or invasion of privacy, right of publicity or defamation. You agree not to take any legal action against Kate Spade, or any entity acting on its behalf, in connection with the use of your name, image, or likeness.
- understand that Kate Spade will not permit copyright infringing activities on the Site and other Kate Spade Channels. Kate Spade may remove any Content if properly informed that any such Content infringes on another’s copyright rights. Kate Spade will terminate a user’s ability to submit a Content if, under appropriate circumstances, such user is determined to be a repeat infringer.
- understand that the Kate Spade Joy Call is not a contest or sweepstakes and no prizes or awards of any type will be provided to you as a result of uploading a Content.
- understand that if Kate Spade elects to post your Content on the Site other Kate Spade Channels, your Content will be accessed and viewed by others, including by the general public, and, whether or not such Content is posted, Kate Spade does not guarantee any confidentiality with respect to your Content. You are solely responsible for your Content and the consequences of your Content being posted on the Site other Kate Spade Channels.
- agree to indemnify, defend and hold harmless Kate Spade, its affiliates, officers, directors, employees, agents, successors and assigns, from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) arising from or related to: (a) your violation or breach of these Terms and Requirements; or (b) your violation of any third-party right, including without limitation any copyright, trademark, property, privacy or publicity right. This indemnification, defense and hold harmless obligation will, notwithstanding anything to the contrary, survive your use of the Site or other Kate Spade Channels.