Visual Content Terms of Use

“We” and/or “Us” means Bazaarvoice, Inc. and the client on whose behalf the content is being collected.

“You” means the User submitting any User Content.

Any photos, videos, or any other content that you submit through or to Us, or any content or information you publish through any social media and allow Us to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, “User Content”) as long as the User Content submitted by you is subject to these Terms of Use.

You agree that the User Content may be shared across social media and elsewhere on the internet including, but not limited to third-party internet sites, emails, advertisements and the social media accounts of our partners, retailers, and vendors.

You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and We assume no liability for any User Content submitted by you.

You acknowledge and agree that We reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to Us a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you.

For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

In addition, you grant to Us the right to include the name provided along with the User Content submitted by you; provided, however, We shall have no obligation to include such name with such User Content. Any User Content You voluntarily submit will be treated as non-proprietary and non-confidential. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to third parties the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity.

Please note that any User Content posted may be used by Us for commercial purposes and may be copied or exported from any of our sites and published elsewhere on the internet, including on any social media sites, or otherwise.

Be aware that We have no control over User Content once it is republished or exported elsewhere, and it is possible that others may duplicate material submitted, including, but not limited to, on other sites on the Internet, including on any social media sites, so please exercise discretion in deciding what to submit to Us.

You agree to indemnify Us and our affiliates for all claims arising from or in connection with any claims to any rights in any User Content or any damages arising from any User Content. You further agree to indemnify and hold Bazaarvoice, Inc., its clients, officers, directors, and employees (collectively the “Releasees”) harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs, including reasonable attorney's fees, liabilities, verdicts, judgments and settlements) arising out of use the User Content or any breach of your representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy. Upon submission of the User Content you hereby release Bazaarvoice, Inc. and Releasees from, and irrevocably waive, any and all claims that our use of your photo with or without your name, including but not limited to use on various web sites, infringes or violates your rights in your User Content or any work or material contained in your User Content.

Instagram ™, Twitter ™, and other similar social media forums are registered trademarks of their respective companies and not affiliated with Us. Any submission via these or other similar social media sites are subject to all rules and regulations of such sites. If you choose to submit your photo via mobile phone, standard data rates may apply.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER BAZAARVOICE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SERVICES EVEN IF BAZAARVOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.