Dal-Tile Corporation ("Dal-Tile") reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because Dal-Tile has requested your permission to use your social media content in this way.
Dal-Tile engages a limited number of service providers to facilitate the collection and transmission to the Dal-Tile websites (www.daltile.com and others) (the "Site"), social media channels, promotional materials and other properties ("Dal-Tile Properties") of UGC, including photos, text, graphics, audio, video, location information, comments and other materials from social media sites, for use by Dal-Tile in connection with its business, including Dal-Tile’s product feature, marketing, promotional, advertising and other consumer-related activities (the "Dal-Tile Services").
USER GENERATED CONTENT LICENSE
You understand that we may use your UGC, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. You agree that UGC may be copied or exported from the Site and published elsewhere on the internet, including on any social media sites. In addition, you understand that any UGC may be removed from the Site at any time for any reason.
You grant us the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your UGC.
When you provide UGC, you represent and warrant that you own or otherwise control the rights to your UGC and that the UGC is your original creation, has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work and the UGC does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations. You also warrant and represent that each person in the UGC has given their written permission and consent to be included and displayed publicly on the Site and our other social media sites and marketing materials and advertising, which you agree to provide to us upon request. You also represent and warrant that:
a. You are at the least the age of legal majority in the state in which you reside;
b. The UGC is not obscene, indecent, does not defame, disparage, invade the privacy of, or infringe upon or violate any rights of any kind whatsoever of any individual or entity;
c. The UGC does not violate any law, rule, or regulation of any governmental entity;
d, The UGC is not subject to any obligation of confidentiality;
e. The UGC does not contain any fraudulent statements or misrepresentations that could damage Dal-Tile or any third party; and
f. You have not received any compensation of any kind for any UGC, unless properly disclosed pursuant to FTC guidelines.
g. You hereby release, discharge and agree to hold us, and any person acting on their behalf, harmless from any liability related in any way to our use of your UGC.
You understand that, under no circumstances will we be liable in any way for any UGC, including, without limitation, for any errors or omissions in any UGC, or for any loss or damage of any kind incurred by you as a result of the use of any UGC transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You also agree that we are under no obligation to use any UGC. You acknowledge that we reserve the right to change, condense, edit, modify, transmit, display, or delete any UGC, and you waive any rights you have in having the material altered or changed posting, e-mailing or otherwise making available on the Site or other social media sites.
The Site, Dal-Tile Services or Dal-Tile Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Dal-Tile by authorizing use of your UGC or otherwise using or accessing the Site, the Dal-Tile Services or the Dal-Tile Properties.