Accent Decor User Generated Content Terms and Conditions
This User Generated Content Legal Terms and Conditions (the "Terms”) contain the terms which govern and control when you transmit upload, post, e-mail or otherwise make available data, text, software music, sound, photographs, graphics, images, videos, messages or other materials ("User Content'' or “User-Generated Content”) on or to any websites, microsite or any other internet property that Accent Décor (“Accent Décor”, “we,” “us,” and “our”) owns, operates or sponsors including www.accentdecor.com (collectively the "Site" or "Sites").
PLEASE READ THESE TERMS CARFEFULLY BEFORE UPLOADING ANY USER CONTENT TO THE SITE.
IMPORTANT NOTICE – THIS IS A CONTRACT. In consideration for the permission by Accent Décor to post User Content you agree that by accessing or using the Site on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms without limitation or qualification and any other applicable law, whether or not you are a registered Accent Décor user.
If the Terms change, we will post updated terms on the Site. In the case of any substantive change, we will give notice of the changes by posting the amended terms on the Site at least thirty days before the effective date of the change. If you have provided us with your email address, we will also notify you of any such substantive change by sending an email at least 15 days before the effective date of the change to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding substantive changes to these Terms. If you do not agree to the new Terms, you should stop using the Site. Otherwise, the new Terms will take effect after 15 days.
GENERAL RULES FOR CONTENT
- Your Responsibility
When you transmit upload post, e-mail or otherwise make available User Content on or to the Site (a "Submission"), you are entirely responsible for such User Content. Such User Content constitutes your agreement that you and not Accent Décor are entirely responsible for all User Content and that any such Submission is undertaken at your own risk.
- Your Representation of Ownership
If you share or post a picture, while you do own it, you are agreeing to these Terms. You are responsible to make sure that your Submission is original and not created or owned by another person or entity. You are representing and warranting that (i) you own all rights in and to your User Content; (ii) if the User Content is subject to third party proprietary rights, that you have all necessary licenses, rights, consents and permissions to publish the User Content you submit and to comply with these Terms, including permission from all person(s) appearing in your User Content; (iii) you are not a minor, in your jurisdiction of residence; (iv) you are legally entitled to post the User Content, (v) the use of your User Content will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law; and (vi) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold us, and any person acting on our behalf, harmless from any liability related in any way to the use of your User Content.
- Your Obligations:
Be Appropriate. By making a Submission you agree you will not upload User Content that, in Accent Decor’s sole discretion, is illegal, offensive, libelous, defamatory, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, offensive in a sexual, racial, cultural, or ethnic context, or will harm or threaten the safety of others. You agree that any Submission or posting does not necessarily reflect the views of Accent Decor.
Do Not be Commercial. Do not post or solicit personal information of yours or any third party. The Site is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever. Do not accept payment from a third party in exchange for your performing commercial activity on the Site. Do not post any User Content that involves the transmission of "junk mail," "chain letters," unsolicited mass mailing or "spamming" or similar content.
Your Grant to Accent Decor. You hereby grant to Accent Decor, without any compensation, a non-exclusive, irrevocable, worldwide, royalty-free right and license to exhibit and otherwise use (and to authorize third parties to exhibit and otherwise use) the User Content, in perpetuity in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you. Your Submission will not be returned by Accent Decor.
Your Indemnity. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Accent Décor and its officers, directors, owners, 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; or (b) your violation of any third-party rights, 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. In the event the User Content causes any technical disruption, you agree to be responsible for any and all liabilities and costs and expenses (including attorneys' fees and expenses) arising from any and all claims brought by third parties based upon such technical disruptions.
Your Release. Without limiting anything set out above, to the fullest extent permitted by applicable law, you hereby release Accent Décor from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms or the User Content. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
- Warranty Disclaimer
Accent Decor is not responsible or liable for any User Content or other content posted on our Sites or for any offensive, unlawful or objectionable content you may encounter on or through our Sites. The User Content and the materials and products on a Site are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, Accent Décor disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Accent Décor does not guarantee and does not promise any specific results from use of our User Generated Sites. Accent Décor does not represent or warrant that our Sites will be uninterrupted or error free, that any defects will be corrected, or that they or the server that makes them available are free of viruses or anything else harmful. To the fullest extent permitted by law, Accent Décor does not make any warranties or representations regarding the use of the materials or content on our Site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or other device with which you access our Site, loss of data or other harm of any kind that may result. Accent Décor reserves the right to change any and all User Content and other items used or contained on our Site at any time without notice.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
- Limitation of Liability
ACCENT DÉCOR SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE USER CONTENT OR THE CONDUCT OF OTHER USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER-GENERATED CONTENT, EVEN IF ACCENT DÉCOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR SITES. YOUR ONLY REMEDY AGAINST ACCENT DÉCOR FOR USE OF OUR SITE OR ANY CONTENT IS TO STOP USING THE SITES. ACCORDINGLY, IF ACCENT DÉCOR IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF OUR SITES OR ANY CONTENT, ACCENT DÉCOR LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Accent Decor reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Content, and restrict your use of all or any part of our Sites for any or no reason, without notice, and without liability to you or anyone else. Accent Décor also reserves the right to block users from certain IP addresses or Device numbers and prevent access to our Sites. You understand and agree that some of your User Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Site, or on other platforms (e.g., Facebook, Twitter, Google, etc.), may continue to appear on the Site or on other platforms even after your User Content is removed or your account is terminated. These Terms remain in effect even after your account is terminated.
- Incorporation of Accent Décor Terms and Conditions
These Terms and the use of our Sites is also governed by the Accent Décor Terms and Conditions for its Sites which can be reviewed and accessed by clicking on the following link: https://www.accentdecor.com/terms--conditions/. These Terms and the use of our Sites is also governed by the Accent Décor Privacy Policies for its Sites which can be reviewed and accessed by clicking on the following link: https://www.accentdecor.com/privacy-policy/ Accent Décor Legal Terms and Conditions and Privacy Policies on its Sites are incorporated by reference as though fully set forth in these Terms.
- Entire Agreement/Waiver
These Terms constitute the entire agreement between you and Accent Décor with respect to the User-Content. The failure of Accent Décor to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
- Exclusive Venue for Litigation
The parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Fulton County, Atlanta, Georgia (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Fulton County, Atlanta, Georgia for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in Fulton County, Atlanta, Georgia for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of any court in such jurisdiction over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Site and (b) any acts or omissions of Accent Décor in connection with these Terms or the Site.
- How do I contact you?
For questions about our User Generated Content Terms or to update your personal information you can contact us by email as follows: firstname.lastname@example.org
GENERAL RULES AND PROCEDURES FOR USER CONTENT POSTINGS
We are excited to see your photos but, we want you to be aware of some tips and rules to keep in mind before you start sharing.
Make sure that that your photos DO contain the following:
- Ideal photos will feature easily recognizable Accent Décor products.
- Avoid snapshots that are blurry or dark.
- If any child under the age of 16 is featured in the photo, you must have permission from a parent/legal guardian.
- For copyright reasons, only upload photos that you own or have the permission to use.
Make sure that your photos DO NOT contain the following:
- references to products, trademarks, logos, stores or websites of companies other than Accent Décor
- User Content that would infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights, unless you have the owner's express permission;
- 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;
- the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- 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 Accent Décor, as determined by Accent Décor in its sole and exclusive discretion; or
- content that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
PLEASE BE AWARE OF THE FOLLOWING:
All User Content submitted may be subject to a review and approval process and therefore may not be posted to our Site immediately. We reserve the right but not the responsibility, to refuse to post or to remove any posting that does not comply with the above requirements and our Terms. Any such refusals are made in our sole discretion and we shall have no obligation to inform you if or why your submission was refused
You acknowledge and agree that Accent Décor does not have any obligation to review User Content, that Accent Décor is not in any manner responsible for User-Generated Content, that Accent Décor does not guarantee the accuracy, integrity or quality of User Content and that Accent Décor cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Content will not appear on the Site. You also acknowledge that by providing you with the ability to access, view and/or post User Content on the Site, that Accent Décor is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Content or activities of any users on the Site.
When you submit content via third party sites such as Instagram™, Facebook™ or Twitter™, your use of those sites are governed by their terms and conditions and not ours. Instagram™, Twitter™ and Facebook™, and other similar social media forums are trademarks of their respective companies and not affiliated with Accent Décor or its Sites. Any submission via these or other similar social media sites are subject to all rules and regulations of such sites. If you choose to submit your photo via mobile phone, standard data rates may apply.
Be aware that Accent Décor has no control over User Content once it leaves our Sites, and it is possible that others may duplicate material found on our Sites, including, but not limited to, on other sites on the Internet, including on any social media sites, so please exercise discretion in deciding what to post on any of our Sites.