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Social Media Terms of Use

#TAKECIBUHOME TERMS OF USE

 

NOTICE: BY RESPONDING WITH #YESCIBU YOU HEREBY AGREE TO THESE TERMS WHICH, AMONG OTHER THINGS, GRANT US THE RIGHT TO USE YOUR USER CONTENT IN A VARIETY OF MANNERS INCLUDING ON THE #TAKECIBUHOME GALLERY LOOKBOOK, OUR SOCIAL MEDIA PROPERTIES, OUR WEBSITE AND IN OUR ADVERTISING.

 

Ratner Companies, L.C. ( “we”, “our” or “us”) would like to feature your content, including photos, name, screen name,  comments and other materials that you shared or made public on Instagram or Twitter (collectively “User Content”) on  any of our websites, any CIBU branded website, the #TakeCibuHome Gallery Lookbook on the CIBU Site, our digital marketing/social media properties/blogs, and in our digital and print advertising in accordance with these Terms of Use (“Terms”).  

 

Engaging in the #TakeCibuHome Gallery Lookbook

By engaging with us and responding with #YesCibu to the message “CIBU loves this photo! Can we share it? Please respond with #YesCibu to agree. Terms: https://cibuforhair.com/pages/social-media-terms-of-use” you have agreed to be bound by these Terms.  If you do not agree to be bound by these Terms, please do not use the CIBU created hashtag #TakeCibuHome.

 

Your User Content

These Terms do not grant us ownership of your User Content.  However, you hereby grant to us an irrevocable, nonexclusive, perpetual, royalty-free, worldwide, transferable and sublicensable license and right to use your User Content on any of our websites,  any CIBU branded website, blog, social media pages, the #TakeCibuHome Gallery Lookbook on the CIBU Site and in our digital or print advertisements including paid advertisements that may appear on the internet.  You further agree that we have the right without limitation to edit, stylize, crop, digitize or otherwise alter your User Content and use the same in accordance with the rights you grant under these Terms and you will not be given the opportunity to review or approve such alterations.

 

Consideration

You agree that you have received adequate consideration, including through the publicity of your User Content, in exchange for your agreement to these Terms.  You agree that nothing in these Terms obligates us to make any use of your User Content, we simply have the right to use it if we choose to do so.

 

Third Party Terms

You acknowledge that when you submit content to Instagram or Twitter, your use of Instagram, Twitter and any other third party’s website or social media service is governed by the terms and conditions and privacy policies of those sites (“Third Party Terms”) which we do not control.  You should familiarize yourself with those Third Party Terms.  You represent and warrant that your User Content is not in violation of any Third Party Terms.  The Instagram Terms are located at : http://instagram.com/about/legal/terms/# and http://instagram.com/about/legal/privacy/#.  The Twitter Terms are located at: https://twitter.com/tos and  https://twitter.com/privacy.

 

Third Party Operation of Cibu Site

You acknowledge that CIBU branded products are sold through the site cibuforhair.com (the “CIBU Site”) which is operated by a third party.  However, we control the display of your User Content when it appears as part of the #TakeCibuHome Gallery Lookbook on the CIBU Site.  Because the CIBU Site is operated by a third party, your direct interactions with the CIBU Site are subject to the privacy policy posted on the CIBU Site, but our use of your User Content as part of the #TakeCibuHome Gallery Lookbook on the CIBU Site is subject to these Terms.

 

Attribution

We are not obligated to provide you with any attribution or credit when we use your User Content and will not be held liable for any failure to provide you with credit or for any errors in the same.

 

Your Representations

You hereby represent and warrant to us that you have all necessary rights (including copyrights, trademarks, rights of publicly, etc.) to grant us the license and rights you have granted us through these Terms. 

 

Children Under the Age of 13

Our #TakeCibuHome Gallery Lookbook is not intended for children under 13 years of age. No one under age 13 may provide any information to our #TakeCibuHome Gallery Lookbook. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information to us on or through the #TakeCibuHome Gallery Lookbook or provide any information about yourself to us, including your name, address, telephone number, e-mail address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us via the methods set forth in the contact information section below.

 

Information We Collect About You and How We Collect It

We collect your User Content (as defined above) when you agree to participate in the #TakeCibuHome Gallery Lookbook. 

 

How We Use/Disclose Your Information

We use and disclose your User Content by displaying it on our #TakeCibuHome Gallery Lookbook and for any other purpose with your consent.

 

Disclosure of Your Information

We may also disclose your User Content:

 

  • To our subsidiaries and affiliates for their use subject to the terms of this privacy policy.
  • To contractors, service providers, and other third parties we use to support our #TakeCibuHome Gallery Lookbook. 
  • To a buyer or other successor in the event of our merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our #TakeCibuHome Gallery Lookbook participants is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use, any terms of sale and product return policies, and other agreements between you and us, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect our rights, property, or the safety our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

Accessing and Correcting Your Information

To the extent your User Content contains any personal information, you have the right to access personal information about you that we have collected through the #TakeCibuHome Gallery Lookbook by sending a request using the contact information in the section below.  You can also request that we correct any such information in the same manner.  To verify that the request is authentic, we may require that such request be sent from the email address associated with your personal information.  While we will comply reasonably and promptly with your request, we may need to retain some of your information for our own recordkeeping or to fulfill a legal obligation.  If you delete, or ask us to delete, certain information, we may decide not to use other parts of your User Content as part of the #TakeCibuHome Gallery Lookbook.

 

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM YOUR USER CONTENT OR OUR USE OF YOUR USER CONTENT CONSISTENT WITH THESE TERMS. OUR ENTIRE LIABILITY TO YOU UNDER ANY PROVISION OF THESE TERMS OR OUR USE OF YOUR USER CONTENT SHALL BE LIMITED TO THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU TO US PURSUANT TO THESE TERMS OR $50.

 

Indemnification

You agree to defend, indemnify and hold us harmless (including Creative Hairdressers, Inc., Ratner Companies, L.C. and/or their affiliates) its officers, directors, employees, shareholders, agents, successors or assigns from and against any claims, liabilities, damages, actions, expenses or demands, royalties, fees, or damages, including, without limitation, all reasonable attorneys’ fees and costs, resulting from any breach (or alleged breach) of these Terms by you, any false representation made by you to us, your breach or alleged breach of the copyright, trademark, proprietary or other rights of any third party or any breach of a warranty made by you in these Terms. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any User Content you that you authorize us to use under these Terms.

Governing Law

All matters relating to the #TakeCibuHome Gallery Lookbook and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).

 

Arbitration

YOU AND WE HEREBY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

 

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PARTICIPATION IN THE #TakeCibuHome Gallery Lookbook, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

 

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

 

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

 

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

 

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE #TakeCibuHome Gallery Lookbook MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

No waiver of by the us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

 

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

Entire Agreement

These Terms constitute the sole and entire agreement between you and Ratner Companies, L.C. with respect to the #TakeCibuHome Gallery Lookbook and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the #TakeCibuHome Gallery Lookbook.

 

Contact Information

To ask questions or comment about these Terms, contact us at:

 

Ratner Companies, L.C.

1577 Spring Hill Road, Suite 500

Vienna, Virginia 22182

Attn: Legal - Privacy

Fax: 703-269-5418

In addition, you can call us at 877-319-3919.

 

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