As between you and CUSHNIE, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials (collectively, "user content") that you may submit, transmit, upload, post, email, or otherwise make available on or through any of the site(s). All user content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of user content, including but not limited to the right to be attributed as the author of the user content and the right not to have the user content edited or changed in a way you are not happy with.
By providing CUSHNIE and/or the site(s) with user content, you hereby grant to CUSHNIE and its affiliates, representatives, and assigns, a worldwide, non-exclusive, fully paid, royalty-free, transferable, sub-licensable, unrestricted, perpetual, irrevocable, license and permission to use, copy, reproduce, modify, adapt, translate, create derivative works of, transmit, display, print, publish, distribute and perform any and all of your user content (in whole or in part) in connection with the site(s) and/or to incorporate your user content in other works in any form, media or technology now known or later developed, without further consent or notice to you, including for promotional and commercial purposes, and to authorize others to do all or any of the foregoing. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any user content. We may exercise these rights without notice to you and without paying any compensation to you. CUSHNIE reserves the right to display advertisements in connection with your user content and to use your user content to advertise and promote your user content, the site(s), and CUSHNIE and its products. CUSHNIE reserves the right to modify user content in its sole and absolute discretion. CUSHNIE is not required to host, display, or distribute any user content, and may remove, delete or destroy any user content at any time and for any reason or no reason in CUSHNIE's sole discretion.
You represent and warrant that: (a) your user content is original to you, no other party has any rights thereto, and you own all rights in your user content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your user content) or, alternatively, you have acquired all necessary rights in your user content to enable you to grant to CUSHNIE the rights in your user content described herein; (b) your user content is not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us; (c) you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your user content; (d) you are the individual pictured or heard in your user content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears or is heard in your user content to enable you to grant the rights to CUSHNIE described herein; (e) you will make such permissions available to CUSHNIE upon request; (f) your user content does not violate, misappropriate or infringe any copyright, trade secret, trademark, privacy right, publicity right or other intellectual property right of any other third party and that any “moral rights" in your user content have been waived; and (g) your user content complies with these Terms. You agree to keep all records necessary to establish that your user content does not violate any of the foregoing representations, warranties and promises and to make such records available to CUSHNIE upon CUSHNIE's request.
You further agree that CUSHNIE and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than user content (“Feedback"), whether oral or written, that you may send to CUSHNIE or its affiliates. You acknowledge and agree that (i) you have no expectation of compensation or confidentiality of any nature, and that CUSHNIE has no duties to you, with respect to such Feedback, and (ii) CUSHNIE has the right (but not the obligation) to use such Feedback for any purpose without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.
CUSHNIE reserves the right, but does not have an obligation, to monitor and/or review user content. CUSHNIE does not endorse or control the user content transmitted or posted on the site(s) and therefore CUSHNIE is not responsible for user content and CUSHNIE does not guarantee the accuracy, integrity, or quality of user content, which may not necessarily reflect the views of CUSHNIE. You understand that by using the site(s), you may be exposed to user content that is offensive, indecent, or objectionable to you. Under no circumstances will CUSHNIE be liable in any way for any user content, including, without limitation, for any errors or omissions in any user content, or for any loss or damage of any kind incurred by you as a result of the use of or reliance on any user content submitted, transmitted, uploaded, posted, emailed, or otherwise made available via the site(s). CUSHNIE has no control over user content once it leaves the site(s), and it is possible that others may duplicate user content on other sites on the Internet.
You acknowledge that CUSHNIE has the right – though not the obligation – in Our sole discretion to refuse to post or remove any user content and it reserves the right to change, condense, edit, modify, transmit, display, or delete any user content and you waive any rights you have in having the material altered or changed in a manner not agreeable to you. Without limiting the generality of the foregoing or any other provision of these Terms, CUSHNIE has the right to remove any user content that violates this User Generated Content Policy or is otherwise objectionable, and we reserve the right to refuse service and/or terminate access without prior notice for any user who violates these Terms or infringes the rights of others.
You agree that if you include a link from any other website to cushnie.com or to any of the site(s), such link shall open in a new browser window. You agree not to link from any other website to cushnie.com or to any of the site(s) in any manner such that the site(s), or any page of the site(s), is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the site(s) from your web site at any time upon written notice to you.
CUSHNIE reserves the right to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in CUSHNIE's sole discretion are objectionable or in violation of these Terms, CUSHNIE’s policies or applicable law.
Nothing contained herein shall be construed as a restriction on or waiver of any consumer’s right to make any statement regarding CUSHNIE or its employees or agents, or concerning CUSHNIE's goods or services.