User Generated Content

Use of User Submitted Content Terms - #FlannelsYES (‘Terms’)

1. By submitting User Content, you confirm that you have read and agree to be bound by these Terms. 
2. The following definitions apply to these Terms: 

1. You may, by our invitation or at your own initiative, submit User Content to us. You may submit User Content to us by doing the following: 
   1. using the hashtag #FlannelsYES in relation to the User Content or any other hashtag affiliated with Flannels as advertised from time to time; and/or
   2. tagging our official handle @Flannels on any Platform featuring the User Content. 
2. You may only submit User Content to Flannels if you are at least 18 years old and you must confirm you are over 18. You may only submit User Content of minors (under 18) if you are the legal parent or guardian of the minor(s) featured in any User Content. We reserve the right to remove any User Content we reasonably believe does not meet this requirement.
3. You grant to Flannels and its affiliates a worldwide, non-exclusive, perpetual, irrevocable, transferable, assignable, sub-licensable, royalty-free licence to use, distribute, display, share, reproduce, perform, sell, and otherwise exploit the User Content across all Flannels Channels existing at the time you submit the User Content or at any time thereafter. Except for the rights specifically granted in these Terms, you retain ownership of all other rights in the User Content. 
4. You unconditionally and irrevocably waive any moral rights and all other rights to be identified as the author or in relation to the treatment of any User Content that you may have under any applicable law or any legal concept from time to time in force anywhere in the world. 
5. You agree that Flannels may modify, edit, alter, adapt, translate, create derivative works from, reproduce, resize, crop or otherwise make changes in any manner to the User Content without any notice to you. 
6. You accept that Flannels is under no obligation to feature, display or make any use of any User Content submitted to us and that any decision to do so is at Flannels’ sole discretion.  
7. If chosen by Flannels, your User Content will be featured, displayed or otherwise used on any one or more of the Flannels Channels without compensation or further notice to you. The User Content as well as your social media handle (if applicable), the caption and/or any statements accompanying the User Content and profile information (such as your Platform profile photo) will be visible to the public. 
8. Any of your personal data collected or processed by Flannels will be used solely in accordance with Flannels’ Privacy Policy.
9. By submitting User Content, you warrant and represent that: 
   1. you own or otherwise control any rights in the whole or any part of the User Content; 
   2. you have the express permission of any and all persons or third parties who appear or are identifiable from the User Content to the inclusion of their name, image, likeness or other third-party owned rights that feature in any part of the User Content;
   3. the User Content complies with all applicable laws, rules, regulations and any third party agreements that you are bound by, including the Terms of Service of the Platforms; 
   4. the User Content does not contain any defamatory, obscene, indecent, harassing or other material which would bring Flannels or any of its affiliates into disrepute, be inconsistent with the image and appeal of Flannels or be prejudicial to the business of Flannels; and 
   5. the User Content does not and will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality.     
10. You agree to indemnify Flannels, its affiliates and third parties and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for each and every claim arising from or in connection with the use of any User Content, including but not limited to, all claims arising out of or based upon (a) intellectual property infringement including copyright or trademarks, misappropriation, invasion of privacy, defamation, infringement of the right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, social media handle, profile picture, image, likeness, comments, posts, statements or other information and/or the User Content; (b) any breach or alleged breach by you of any of these Terms or applicable laws, including but not limited to breach of alleged breach of the warranties at Clause 11 of these Terms. 
11. You accept that Flannels has no control, responsibility or liability (whether in damages or otherwise) for any use or misuse by any third party of User Content. Flannels has no responsibility for verifying, screening or monitoring any User Content, including the compliance of any User Content with applicable laws, regulations, terms of service of the Platforms nor any third party intellectual property or other rights.  
12. You can request for User Content to be removed from Flannels Channels by sending a removal request to social@flannels.com. The removal request email must include a description of the location or link to the Flannels Channel where the User Content is displayed. You accept that complete removal of the User Content may not be possible across every location, for example where User Content has been copied, downloaded or shared by third parties before removal or from back-ups. Websites in our control will be checked at intervals of no longer than 2 years, to delete historic User Content. 

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