SOCIAL MEDIA ENGAGEMENT POLICY
(Last update October 10, 2021)
This Social Media Engagement Policy (hereinafter, the " Policy") governs the relationship between Outfit7 Limited, a company with a registered at 1st Floor Sackville House, 143-149 Fenchurch Street, EC3M 6BN London, United Kingdom, and its business and billing address at Christaki Kranou 20, 2nd Floor, 4041 Limassol, Cyprus (which, together with its subsidiaries is hereon in referred to as " Outfit7"), and You , a person who voluntarily engages with Outfit7 by emailing, posting, uploading or otherwise submitting gameplay screenshots used with, or of the Application, incorporating, in whole or in part, the Outfit7 Intellectual Property Rights, as defined herein or used in association with the Outfit7 Intellectual Property Rights in any manner (hereinafter, collectively referred to as " User Generated Content" or " UGC") on any Outfit7 page, profile, or feed (collectively and individually referred to as " Outfit7 Page") to any Outfit7's social media platform (e.g. Facebook, Instagram, Twitter, et al.) (hereinafter collectively referred to as the " Social Media") or tagging or hash tagging Outfit7, Outfit7's products or Outfit7's trademarkson any Outfit7 Page or any Social Media.
USER GENERATED CONTENT
If You respond to our message or comment with the hashtag #YESOUTFIT7, you hereby acknowledge and agree to the following:
- You are at least 18 years old or at least the age of majority under applicable law, or if under the age of majority that you are either an emancipated minor, or possess the legal consent of a parent or legal guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Policy, and to abide by and comply with this Policy.
- You have read and understand and agree to this Policy, for which You have the full right, power and authority to grant the rights described in this Policy.
- You consent and grant to Outfit7 and its related companies, agents, licensees, contractors, successors, assigns, and other affiliates (hereinafter collectively referred to as the "Licensees") a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use, reproduce, modify, publish, monetize, list information regarding, edit, translate, distribute, publicly perform, publicly display, broadcast and make derivative works of (or incorporate into other works), and otherwise exploit, UGC as well as Your name, user name, voice, and/or likeness as contained in YourUGC, (or any portion thereof) in any manner, form, media in any form, media or technology, whether now known or hereafter developed, including but not limited to posting and reposting such UGC for any business and commercial purpose on our websites and/or Outfit7 Pages, and in any and all marketing, promotional and advertising initiatives.
- You represent and warrant that use ofYour UGC is permitted by law and will not violate third-party rights of any kind, including and without limitation any Outfit7 Intellectual Property Rights or other Intellectual Property Rights or rights of publicity and privacy.
- The Application may allow You to create content such as videos, data, photographs, messages, graphics, text, and other information (" In-app UCG"), such In-app UCG is subject to additional terms in Outfit7 End User License Agreement (" EULA") available at https://outfit7.com/eula/en/.
- You are allowed to create videos, using our Applications, video images, footage, music, sounds, speech or any other assets from Outfit7, subject to additional terms in Outfit7 Video Policy (" Video Policy") available at https://outfit7.com/video-policy/en.
- You represent and warrant that (i) UGC will comply with the Content Guidelines as set out below and will not contain obscene, indecent, violent, or harassing material and/or feature nudity and/or drug/alcohol use, (ii) You will not share any UGC that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (b) may create a risk of any other loss or damage to any person or property; (c) seeks to harm or exploit children by exposing them to inappropriate content, asking them for personally identifiable details, or otherwise; (d) may constitute or contribute to a crime or tort; (e) contains any information or content that Outfit7 deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (g) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; or (h) contains any information or content that You know is not correct and current.
- You acknowledge that YourUGC may be subject to public commentary that is not under Outfit7's direct control and does not necessarily reflect the view of Outfit7. Whereas Outfit7 may curate the public comments to some extent, Outfit7 is not responsible for their content nor their accuracy.
If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under this Policy.
You understand and agree that You will not have any right to inspect or approve Outfit7's use of UGC, the UGC will not be returned to You, and You will not be paid or otherwise compensated for Outfit7's use of UGC.
You may request removal of any of Your UGC used in posts made by us on Outfit7 Pages by sending a removal request email to firstname.lastname@example.org. Your email must include a link to the URL of the page on which your UGC is posted or a description of the page on which it is posted. Please note that removal may not encompass all possible locations; for example, back-ups or sharing by other users initiated prior to removal.
SPECIFIC RULES FOR USING OUTFIT7'S INTELLECTUAL PROPERTY RIGHTS IN USER GENERATED CONTENT
By creating UGC You agree to the specific rules below (" Specific Rules") that outline Your use of any Outfit7's Intellectual Property Rights:
- You will use UGC containing Outfit7's Intellectual Property Rights for the sole purpose of non-commercial displaying, identifying, and discussing Outfit7 products in accordance with this Policy and these Specific Rules, unless otherwise approved in writing by Outfit7. You are not allowed to create new applications, products, and/or content, excluding UGC as defined herein,based on Outfit7 Intellectual Property Rights, even if such content would be free.
- You are not permitted to charge any kind of fees, sell or otherwise monetise from customersor visitors of UGC containing Outfit7's Intellectual Property Rights, unless You obtained express prior written approval from Outfit7.
- Outfit7, in its sole discretion, reserves the right to monetize or use Your UGC or its parts.
- You must not use the UGC under the impression that Outfit7 is a sponsor of YourUGC, unless you obtained prior written approval from Outfit7. You are not permitted to alter or modify in any way Outfit7's Intellectual Property Rights, especially in a way that may lead to possible confusion with Outfit7, its products or business, including but not limited to domain names, logos, names of websites, and any other elements of Outfit7 Intellectual Property Rights used in UGC, without the express prior written approval of Outfit7.
- You must not use Outfit7 Intellectual Property Rights to identify or promote You, UGC, or any other products or business.
- Unless You obtained prior written approval from Outfit7, You are not allowed to manufacture or distribute (for free or otherwise) any physical items that bear any of Outfit7's Intellectual Property Rights.
Outfit7 reserves the right to determine, in its sole discretion, which UGC is in accordance with the above-mentioned Specific Rules.
INTELLECTUAL PROPERTY RIGHTS
Outfit7 respects the intellectual property of others, and we ask you to do the same. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Outfit7 by authorising use of Your UGC.
Outfit7 retains all rights, titles, and interests in and to the Outfit7 Intellectual Property Rights , as defined below, whether registered or not.
For the purposes of this Social Media Policy " Intellectual Property Rights" or " IP" means all patent rights, trade names, proprietary rights, copyright rights, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Sharing of UGC on Outfit7 Pages does not constitute an endorsement by Outfit7.
In connection with Your UGC and in addition to any other representations and warranties contained in this Policy, You affirm, represent, and warrant the following:
- You have the written consent of each and every identifiable natural person in the UGC to use such person's name or likeness in the manner contemplated by the Application and this Policy, and each such person has released You from any liability that may arise in relation to such use.
- You represent and warrant that Your UGCand Outfit7's use thereof as contemplated by this Policy will not infringe any rights of any third party, including but not limited to any Outfit7's Intellectual Property Rights, any Intellectual Property Rights or privacy rights, and rights of publicity.
- Outfit7 may exercise the rights granted to Outfit7 under this Policy without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- Outfit7 is not responsible for any public display or misuse of YourUGC.
THIRD PARTY TERMS AND CONDITIONS
Please note that Your access to and ability to use and interact with the Outfit7 Pages is subject to certain third-party terms and conditions and privacy policies, including but not limited to Social Media services. You recognize and agree that Outfit7 is not liable for any such third-party terms and conditions and their use of Your personal information.
You understand that unless explicitly stated otherwise herein, or insofar as Outfit7 is not involved in this through active use of the UCG, Outfit7 has no control over the access to Your UGC, the sharing of Your UGC, the privacy or confidentiality of Your UGC and that You, together with the third-party Social Media providers, are subject to the terms of service of said third-party Social Media providers and have the sole control over uploading and posting such UGC on Social Media.
Our use of such third-party services does not constitute our sponsorship of, or affiliation with, those people or companies. Nor is such use an endorsement of such third party's privacy or information security policies or practices or their compliance with laws. Information collected by third parties, which may include information such as contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of third parties with which you interact.
We are not responsible or liable for your interaction with such third parties.
Outfit7 takes no responsibility and assumes no liability for any UGC that You created. You shall be solely responsible for Your own UGC and the consequences of sharing or publishing it. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any UGC that You send, upload, download, stream, post, transmit, display, share or otherwise make available is solely Your responsibility.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL OUTFIT7, ITS SUBSIDIARIES OR ITS AFFILIATES AND ITS LICENSORS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS SOCIAL MEDIA ENGAGEMENT POLICY, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT OUTFIT7 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT REPAIR, REPLACEMENT, OR A REFUND (IF AWARDED AT OUR SOLE DISCRETION) DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
To the highest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Outfit7 and its directors, officers, employees, agents, affiliates, franchisees, and licensees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your violation of any clause of this Policy; (ii) your violation of any third party right, including without limitation any trademark, copyright, property, or privacy right; or (iii) any claim that the UGC You made caused damage to a third party. Outfit7 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.
You agree that a breach of this Social Media Engagement Policy will cause irreparable injury to Outfit7 for which monetary damages would not be an adequate remedy and Outfit7 shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
This Social Media Policy and all disputes or controversies arising out of or relating to this Policy shall be governed by, and construed in accordance with, the laws of England and Wales, and you hereby submit to the exclusive jurisdiction of the courts of England.
You agree that if Outfit7 does not exercise or enforce any legal right or remedy which is contained in this Social Media Policy (or which Outfit7 has the benefit of under any applicable law), this will not be taken to be a formal waiver of Outfit7's rights and that those rights or remedies will still be available to Outfit7.
SEVERABILITY AND SURVIVAL
If any provision of this Policy is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this Policy shall continue in full force and effect.
The original version of this Policy is written in English. Any translation of this Policy into any other language is done for local requirements only, and in the event of a dispute, inconsistency, or discrepancy between the English and any non-English version, the English version of this Policy shall govern, to the extent not prohibited by local law in Your jurisdiction.
All capitalised terms used and not defined in this Policy shall have the meaning ascribed to them in the Outfit7 End-User License Agreement, available at https://outfit7.com/eula/en/.
Outfit7 reserves the right to change, update or modify this Policy at any time without prior notice. The latest version will be available at this link. If you do not fully agree to this Policy, do not submit any User Generated Content.
Should You wish to contact Outfit7 with any questions, complaints, or claims with respect to this Policy, You should visit the Outfit7 website at https://outfit7.com/contact/ or contact email@example.com.
Failure to comply with the following Content Guidelines (" Guidelines") will cause Your UGC to be rejected and pulled from Outfit7's Page and may result in immediate disqualification from being a user of Outfit7's Page(s):
a) Pornography. Sexually explicit content, published for the purposes of entertainment, is not permitted. This includes but is not limited to photographs and text depicting or describing legal sexual acts between consenting adults.
b) Child Pornography. Child pornography, any sexually suggestive content involving children, or other non-consensual material, is strictly prohibited. This includes teen pornography or other pornography that features potentially underage subjects. Content should not portray or represent anyone who is, or seems to be, under 18 years old in a sexual way.
c) Prostitution. Content is not permitted for the promotion of prostitution.
d) Adult Content. Sexual content not appropriate for children is not permitted.
e) Adult themes in family content. Content that is made to appear appropriate for a family audience but contains adult themes, including sex, violence, vulgarity, or other depictions of children or popular children's characters is not permitted.
Personal Attacks: Disrespecting, insulting or personally attacking other users or posts is not permitted. Behavior and comments that may result in others feeling threatened or specifically targeted or abused is not permitted.
Discrimination: Discrimination or prejudice based upon race, color, national origin, religion, disability, sex, age, veteran status, or sexual orientation/gender identity, and any other status protected by law, is not permitted.
Violence: Any post or statement inciting or directly referring to violence, past violence or the threat of violence is prohibited. Content glorifying genuine or replica guns, bombs, ammunition, or any other offensive weapons is not permitted. Content glorifying the use of or offering technical information on guns, bombs, ammunition, or other deadly devices is also not allowed.
Anti-Group Content: Any post or statement promoting violence against or advocating against any organization or person (public, private, or protected) is not permitted.
Hatred: Constructive debate is permitted, but hatred towards any user or specific categories of users will not be tolerated.
Political Content/Campaigns: Editorial content that is predominantly aimed at furthering the cause of any political party, organized campaign, or informal pressure group is not allowed.
Libellous Statements: Potentially slanderous or libellous content, post or statements, and vulgar language or proxies for vulgar language (such as "X@#%!") are also not allowed.
SPAM: You may not use the community in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Slang or References to Upsetting/Distressing Subjects: Slang referring to upsetting or distressing subjects, in Outfit7's sole discretion, will not be permitted and will be immediately removed. Such references include drug use, sexual acts of an indecent nature (and anything considered to be explicitly sexual in nature), references to religion, political beliefs or anything deemed to distress users or the parents or guardians of users or anything deemed to be socially unacceptable.
Criminal or Immoral Activity: Any mention of or reference to criminal or immoral activity will not be permitted, including drugs, prostitution, fraud, stalking, extortion and terrorism.
Unauthorized Content: The content you submit to Outfit7's Page(s) will not contain any trademarked or copyrighted material or material that is subject to other third-party proprietary rights, unless you have permission from the owner of such material, or you are otherwise licensed to post the material and to grant Outfit7 all relevant licenses and permissions to use the material as contemplated herein.