Except where prohibited by law, if you are a “fan,” “follower” of or otherwise voluntarily engage with GIPSY/GIPSY ONLINE by emailing, posting, uploading or otherwise submitting photographs, graphics, videos, messages, comments or other material (collectively referred to herein as “Post(s)”) on any GIPSY page, profile, or feed (collectively referred to herein as “Page”) of any social media platform (“Platform”) (e.g. Facebook, Twitter, Instagram, Pinterest, SnapChat, Google Plus, Google Business Page, YouTube et al.), or making any personal statement through a Post or otherwise in any media/medium which endorses GIPSY products or services (“Endorsement”), you grant your full and unconditional agreement (or your parent or legal guardians’ full or unconditional agreement if you are under the age of majority in your jurisdiction) to this Policy. If you do not comply with this Policy at any time, GIPSY reserves the right to restrict your use of or access as to GIPSY’s Pages at its sole discretion without prior notice, in addition to any available remedies allowed by law or contract. For the purpose of this Policy, anyone who engages in any manner with any GIPSY Page is a “User”.
User Generated Content
If you tag your Post (a) by commenting with one of our promoted hashtags (e.g., #GIPSYWOMEN, #GIPSYGIVEAWAY #GIPSYCONTENTALERT); or by tagging “GIPSY/GIPSY ONLINE” in the Post, you agree to the following:
You consent and grant to GIPSY the irrevocable, non-exclusive, transferable, sub-licensable, royalty free, worldwide right (but not the obligation), to (1) use, copy, perform, reproduce, edit, modify, display, broadcast, distribute, prepare derivative works of (or incorporate into other works), and otherwise exploit the Post (or any portion thereof) in any form, manner or media now or hereafter known including but not limited to posting or reposting the Post across GIPSY ’s digital properties (e.g., on GIPSY ’s branded websites and social media pages) and using the Post for commercial purposes including marketing, advertising, and publicity and (2) use your name, image, likeness, and username/ handle in connection with, or to reference the fact of, your Post to the extent you include such information in your Post. You understand and agree that you will not have any right to inspect or approve GIPSY’s use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated for GIPSY’s use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post.
You represent and warrant that (1) your Post is your original creation for which you own and/or control all rights, (2) your Post does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate any other applicable laws or regulations, (3) your Post will not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use, (4) you have obtained the express permission of each identifiable person appearing in your Post to be included and displayed in the Post as provided herein, and (5) you have the full power and authority to grant the rights contemplated herein.
You understand and acknowledge that your Post may be open to public commentary that is not under the GIPSY’s direct control and does not necessarily reflect the views of GIPSY. While GIPSY may curate Posts, GIPSY is not responsible for their content or accuracy. You understand that you may be exposed to other Posts that you find offensive, indecent or otherwise objectionable. You understand and acknowledge that GIPSY shall not be liable for any loss or damage of any kind suffered by you in connection with Posts made available on GIPSY’s websites or social media pages. Posts may be removed by GIPSY at any time and for any reason.
You agree not to take any legal action against, and hereby irrevocably release and discharge, GIPSY, and its directors, officers, employees, agents, affiliates, franchisees, licensees, or any other person or entity acting on its behalf, from all claims in connection with the use or viewing of Posts as contemplated herein including but not limited to any claims based on trademark, copyright, right of publicity, defamation or invasion of privacy.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless GIPSY and its directors, officers, employees, agents, affiliates, franchisees, and licensees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of this Policy; (ii) your violation of any third party right, including without limitation any trademark, copyright, property, or privacy right; or (iii) any claim that your Post caused damage to a third party.
The rights to GIPSY’s information may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than GIPSY. Additionally, certain content displayed and contained within GIPSY Pages is the original authorship of GIPSY and is owned exclusively by GIPSY. By being a User of or Posting on any of GIPSY’s Pages, you acknowledge that you may not modify, publish, transmit, display, copy, participate in the transfer or sale, create derivative works, or in any way exploit any of the content found, whether owned by GIPSY or a third party, other than as provided herein.
You may request removal of any of your User-Generated Content by sending a removal request email to [email protected], [email protected] Your email must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted.
GIPSY respects the intellectual property rights of others and expects Users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement you may email to [email protected],or [email protected]. Please make sure to include the following information with your notification:
GIPSY is committed to complying with all applicable laws and regulations requiring clear and accurate advertising messages, Endorsements and testimonials when communicating with the public, including the disclosure of all material connections between an GIPSY marketing promotion using any Page and a User’s participation in that promotion. This Policy is intended to provide guidelines essential to ensuring compliance with those laws and regulations. Therefore, this Policy applies to all GIPSY employees, independent contractors, agents (including anyone speaking, writing, blogging, posting on any Platform, or otherwise generally endorsing GIPSY products or services), and any other individual or entity engaged in promotional endorsement activities on behalf of GIPSY, whether they are engaged by GIPSY directly or through an agency, representative of an agency. This Policy applies irrespective of the forum in which the Endorsement or testimonial is being made, written or verbal, including, but not limited to, television commercials, print advertisements, websites, blogs, mobile applications, Platforms in general or any other form of media which may be used to advertise.
Endorsers are responsible for their opinions, comments and content made in Posts and may be held personally liable for any commentary deemed to be defamatory, libelous, obscene, or an infringement on the proprietary rights of GIPSY or any third party; therefore Endorsers should be mindful of this potential liability when disseminating opinions, comments and content through Posts. In addition, Endorsers should at all times be aware that Posts may remain public or may be archived so that such Posts may be stored and retrievable, indefinitely.
With respect to statements or other claims made in advertising messages or promotional communications about GIPSY and/or its products or services, Endorsers must adhere to the following general standards and disclosure requirements:
1. General Standards
2. Disclosure Requirements
GIPSY reserves the right to change, alter, or modify this Policy at any time without prior notice. If you do not fully agree to this Policy, then do not submit any Posts or Endorsements.