Welcome to Silk's Reunite the River Program (the "Webpage"), which is brought to you by WhiteWave Services, Inc. ("Silk", "we" or "us") in partnership with ChangeTheCourse.us/Take Part, LLC ("Change the Course"). We are glad that you are here and that you are interested in learning more about how to participate. Please read these terms and conditions (the "Agreement") carefully, because they govern your use of the Webpage and Silk's use of your Pledge (as defined below).
PLEASE NOTE :
· By submitting a Pledge, Silk may share your email address, name, and location (city and state) with Change the Course;
· You must be 18 or older and reside in the U.S. to participate;
· You must be the only person depicted in your Photograph or have permission from any others depicted in the Photograph for this use;
· Except as set forth above, your Pledge must not contain names, addresses, phone numbers, email addresses or other personally identifiable information of you or anyone else; and
· You must be the photographer of the Photograph (or have obtained all rights from the photographer).
2. Pledges. All eligible Pledges will appear on the Webpage. However, Silk may choose to remove any Pledge that Silk determines, in its sole discretion, does not comply with this Agreement. All Pledges will be considered non-confidential and non-proprietary.
3. Grant of Rights. You hereby grant to Silk, and its subsidiaries, successors, licensees, agents, and assigns, and others working for or on behalf of any of them (collectively, the "Permitted Parties") the unlimited right and license to use, distribute, publish, exhibit, digitize, broadcast, display, post, reproduce, edit, composite, alter, and otherwise exploit your Pledge, including your Photograph (and all material and information incorporated therein), and any material based on, derived from or incorporating the Pledge (including, without limitation, the Photograph and your name and/or likeness), anywhere in the world, in whole or in part, at any time, in any and all media (whether now known or hereafter devised), including, without limitation, in posts to your Facebook wall or in communications with your Facebook friends should you decide to "share" the Pledge.
4. Code of Conduct. You agree not to upload, post, transmit, transfer, distribute, or facilitate distribution of a
Pledge or other content, or otherwise use this Webpage in a way that:
· contains any name, address, phone number, email address, or similar personally identifiable information of any other person;
· disparages Silk, its competitors or the Permitted Parties;
· depicts nudity or lewd content of any sort;
· incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence, or includes any other offensive content;
· misrepresents the source of anything you post or upload, including impersonation of another individual or entity;
· includes content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
· shows any person engaging in any illegal or inappropriate activity;
· is illegal or violates any applicable law, including, without limitation, child pornography, bestiality, incest, illegal drugs, software piracy, or harassment; OR
· contains or could be considered junk mail, spam, chain letters, pyramid schemes, affiliate marketing, or advertising.
Further, you will not use any form of automated device or computer program that enables the submission of Pledges without the express written consent of Silk. Silk shall, in its sole discretion, determine if a Photograph is appropriate for use in the Webpage. Silk shall use the criteria above and any other appropriate criteria to make such determination.
5. Waiver and Release of Claims. You waive, release and discharge the Permitted Parties from any and all liabilities, claims, demands, suits, actions, damages and expenses arising directly or indirectly out of any use, alteration, or editing of your Pledge, including, without limitation, any and all claims for libel, defamation, or invasion of privacy, publicity or personality or similar matter, all rights under common law, the Copyright Act, the Lanham Act, and any and all claims for royalties or compensation.
6. Representations and Warranties. You represent and warrant that: (a) you are 18 years of age or older; (b) you reside in the U.S.; (c) you are voluntarily submitting the Pledge (including the Photograph); (d) you are the only person who is depicted or referred to in the Photograph or you have permission from any others depicted in the Photograph for this use, and you and any others are 18 years of age or older as depicted in the Photograph; (e) you are the photographer of the Photograph (or you have obtained all necessary permissions from such photographer(s)); (f) the contents of the Photographs are wholly original and created by you (or if you have included any content not created by you, you have secured all rights in the third-party content necessary to allow you to grant to Silk the rights in the Photographs granted herein); (g) neither the Photographs, nor the use of the Photographs (or any part thereof) by the Permitted Parties, will infringe upon the rights of any third party or violate this Agreement or any applicable laws; (h) you have the full and exclusive right and authority to grant the rights granted hereunder and this Agreement does not in any way conflict with any existing commitment on your part; and (i) your Photographs meet the requirements in Section 4 - Code of Conduct set forth above.
7. Intellectual Property Rights. The Webpage and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Silk, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Webpage or any content on the Webpage is transferred to you, and all rights not expressly granted are reserved by Silk. Any use of the Webpage not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
8. Limitations on Use. You understand that the Webpage is provided for entertainment purposes only and may only be used by you for personal, non-commercial purposes. You may print copies of the information on the Webpage for your own personal use, store the files on your computer for personal use or reference the server from your own documents. You may not distribute text or graphics to others, copy and distribute this information to any other server, or modify or reuse text or graphics on this system or another system without our express written consent. You agree to use the Webpage only in accordance with this Agreement and not to disassemble, decompile or reverse-engineer any software or other component of the Webpage.
9. No Obligation to Use. The Permitted Parties shall have no obligation to post or otherwise use your Pledge in any manner or media, and the Permitted Parties may at any time abandon the use or posting of your Pledge and/or remove your Pledge from any media for any reason or no reason in their sole discretion. If Silk elects to use your Pledge, it may decide to only use part or portions of your Pledge. You will not be able to approve any use of your Pledge.
10. Terminating Access. The Permitted Parties reserve the right, in their sole discretion, to ban participants or terminate access to the Webpage or any services provided therein without notice.
11. Limitations on Liability. You agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Webpage or any Pledge (including, without limitation, the Photograph) shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments, and awards shall be limited to actual out‑of‑pocket costs incurred, but in no event will attorneys' fees be awarded or recoverable; and (c) under no circumstances will you be permitted to obtain any award for, and you hereby knowingly and expressly waive all rights to seek, punitive, INDIRECT, incidental, EXEMPLARY or consequential damages or any other damages (including, without limitation, a multiple or other increase of damages), other than actual out‑of‑pocket expenses. You also agree that neither the Permitted Parties nor Change The Course, nor Facebook are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with any Pledge, including, without limitation, the making, posting, or use of the Photograph.
13. Links from the Webpage. If the Webpage contains links to other websites and resources provided by third parties, these links are provided for your convenience only. Silk has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Webpage, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
14. United States Only. Unless otherwise specified, the materials on this Webpage are presented solely for the purpose of promoting programs available in the United States, its territories, possessions and protectorates. Silk makes no representation that materials on this Webpage are appropriate or available for use in other locations. If you access the Webpage from locations other than the United States, you are responsible for compliance with any applicable local laws.
15. Entire Agreement; Governing Law. This Agreement contains the entire understanding between Silk and you with respect to the subject matter hereof, may not be altered or waived except by a writing signed by both parties. This Agreement shall be governed by the laws of the State of New York applicable to contracts executed and performed entirely therein. Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Webpage shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Facebook is a registered trademark of Facebook, Inc. This program is in no way sponsored, endorsed or associated with Facebook. You understand that you are providing your information to Silk (and to Change the Course us, as described above), and not Facebook. If you have any questions about this program, please contact Silk at email@example.com and not Facebook.
Last Updated: June 24, 2013
Information Collected Through the Webpage
When you use the Webpage, we may ask you to submit personally identifiable information, meaning information about you that can be used to contact or uniquely identify you (such as your Facebook user ID, name, email address, photograph, and the like) (collectively, "Personal Information"), to us. For example, we may collect and store Personal Information from users of the Webpage who register on the Webpage and/or who make a pledge to ChangeTheCourse.us/Take Part, LLC ("Change the Course") through the Webpage. You are under no obligation to provide any Personal Information to us. However, if you opt not to provide Personal Information to us, you will not be eligible to submit a pledge to Change the Course through the Webpage and you may not be eligible to participate in certain other areas of the Webpage.
In addition to Personal Information, we may collect other information that does not personally identify you when you navigate through or otherwise use the Webpage, such as your location (city/state) and information about your computer and internet connection, including your IP address, operating system and browser type.
Use of Personal Information
Any Personal Information we collect may be used by us to improve the content of the Webpage, to notify you about updates to the Webpage, and to contact you for our own marketing purposes. We may also enhance or merge Personal Information with data obtained from other parties for the same purposes. If you do not want us to use your Personal Information in this way, please check the relevant box located on the Reunite the River pledge submission form.
Sharing Personal Information with Change the Course
We may share your Personal Information with our agents or contractors, but only in connection with the services that they perform for us. These agents and contractors are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
We may also share your Personal Information to comply with any court order, law or legal process (including to respond to any government or regulatory request), to enforce our Terms and Conditions located at http://ReuniteTheRiver.com, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Silk or others.
Other than as set forth above, we will not share or sell your Personal Information to any outside organization without your written or electronically-indicated consent.
Children Under the Age of 13
Our Webpage is not intended for children under 13 years of age. We do not knowingly collect Personal Information or other information from children under age 13. If you are under 13 years old, do not use or provide any information on or through this Webpage. If we learn we have collected or received Personal Information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any Personal Information from or about a child under the age of 13, please contact us firstname.lastname@example.org.
© 2013 WhiteWave Services, Inc.