User Generated Content Policy
Thank you for sharing your #SockDrawer content. Here is a brief summary of our User Generated Content Policy for quick reference. However, before responding to our request to use your content, please make sure to read the complete policy below and understand that you are agreeing to all of the terms and conditions outlined in the policy.
By submitting your photos, videos, media, comments, or any other information to The Sock Drawer via hashtag, social media posting, email, website upload, text message, or any other means, and by responding to The Sock Drawer’s request to use your content with #YesSockDrawer, you acknowledge that:
• You are giving The Sock Drawer worldwide license to use the Content on The Sock Drawer's websites, e-mails, advertisements, social media channels, and in any and all other media, including for promotional purposes, without compensation. However, one person a month will be chosen at random to win a $50 e-gift card when they use the hashtag #sockdrawerlove and tag @sockdrawer.
• You are giving The Sock Drawer an unlimited license to use your name and image and other biographic material in conjunction with the Content.
• You own the rights to your submission and have obtained rights from any third parties.
• The Content is appropriate for a family audience and is in no way inappropriate, harmful, threatening, abusive, or defamatory.
• You are releasing The Sock Drawer from any liability and you promise not to sue or file a claim against The Sock Drawer for its use of the Content as described in this policy.
When you transmit, upload, post, e-mail, or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages, or other materials ("User Content") on or to sockdrawer.com or any other website, microsite, or any other internet property owned, operated, or sponsored by The Sock Drawer (collectively, "Sock Drawer Web Properties"), you are entirely responsible for such User Content. Such User Content constitutes a Submission as defined below. This means that you, and not The Sock Drawer or its affiliates (collectively, "The Sock Drawer"), are entirely responsible for all User Content that you post to any Sock Drawer Web Properties. All users of Sock Drawer Web Properties agree that their access to and use of any Sock Drawer Web Properties are subject to this User Generated Content Policy and all applicable laws, and that any such access or use is undertaken at the user's own risk. The terms of this User Generated Content Policy are subject to change at any time without prior notice. Any such changes will be reflected on the User Generated Content Policy page of the sockdrawer.com website.
PLEASE READ THIS POLICY CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU SEND THE HASHTAG #YESSOCKDRAWER TO THE SOCK DRAWER, YOU AGREE TO BE BOUND BY THE TERMS OF THIS USER GENERATED CONTENT POLICY.
PLEASE NOTE THAT THIS POLICY CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS POLICY.
Any inquiries, feedback, suggestions, ideas or other information or User Content you provide us, including but not limited to submitting your name, social media handle, any accompanying text, video, or images from your Twitter™, Instagram™, Facebook™, or other social media site account(s), using hashtag #SockDrawer, #SockDrawerLove, (each a “Submission” and collectively, "Submissions") will be treated as non-proprietary and non-confidential. For good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, by uploading, posting, e-mailing, or otherwise submitting Submissions to any of the The Sock Drawer Web Properties, you grant, and you represent and warrant that you have the right to grant, to The Sock Drawer an irrevocable, perpetual, non-exclusive, royalty-free, worldwide, unlimited license to make, use, sublicense, copy, distribute, modify, perform, and to prepare derivative works or otherwise exploit the Submissions, or any portion thereof, in any manner (including without limitation promotional and advertising purposes) in any and all media now known or hereafter devised, and to grant and authorize sublicenses of the foregoing without any compensation to you or to any third party.
You also acknowledge that your Submissions will not be returned and The Sock Drawer may use your Submissions, 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.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. By making a Submission, you hereby warrant that your Submission 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 Submission does not infringe the intellectual property, privacy, or publicity rights, or any other legal or moral rights, of any third party, or violate any applicable laws or regulations. You also warrant and represent that each person in the Submission has given their written permission and consent to be included in the Submission and displayed publicly on Sock Drawer Web Properties and other Sock Drawer social media sites and marketing materials and advertising and that you shall furnish such permission and consents promptly to The Sock Drawer upon request. You agree to indemnify The Sock Drawer and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission. You further agree to indemnify and hold The Sock Drawer, its officers, directors, agents, 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 of a Submission 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 transmittal of Submission you hereby release The Sock Drawer 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 The Sock Drawer Web Properties, infringes or violates my rights in your Submission or any work or material contained in your Submission.
Instagram™, Twitter™, Facebook™ and other similar social media forums are registered trademarks of their respective companies and not affiliated with The Sock Drawer, Inc. or sockdrawer.com. 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.
You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on The Sock Drawer Web Properties, User Content that: is, or which encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; you do not have a right to make available under any law or under contractual or fiduciary relationships; is known by you to be false, inaccurate, or misleading; you were compensated for or granted any consideration by any third party; contains restricted or hidden content; or infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party.
While The Sock Drawer allows users to post User Content, including images and comments, to The Sock Drawer Web Properties, you should be aware that User Content may not be reviewed by The Sock Drawer before posting and does not necessarily reflect the views of The Sock Drawer.
All User Content must be appropriate for a family audience. Any User Content may be removed by The Sock Drawer from the Sock Drawer Web Properties at any time and for any reason.
When you submit, post, or otherwise transmit User Content to any Sock Drawer Web Properties you alone are responsible for ensuring you have the rights to post that User Content, including, but not limited to, any copyright rights to images or music, and the right to publish the images of the people or items included in the User Content.
You acknowledge and agree that any User Content posted to any Sock Drawer Web Properties may be used by The Sock Drawer for commercial purposes and may be copied or exported from any of the Sock Drawer Web Properties and published elsewhere on the internet, including on any social media sites, or otherwise so please exercise discretion in deciding what to post on any of the Sock Drawer Web Properties.
You acknowledge and agree that The Sock Drawer has no control over User Content once it leaves Sock Drawer Web Properties, and it is possible that others may duplicate material found on Sock Drawer Web Properties, 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 post on any of the Sock Drawer Web Properties.
You further agree not to post any content or mechanism that attempts to gain access to restricted areas of any of Sock Drawer Web Properties, collect or solicit passwords or personal information from other users, or engage in commercial activities via any of Sock Drawer Web Properties.
In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law; or collect or store personally identifiable data about other users.
The Sock Drawer does not endorse or control the User Content transmitted or posted on the Sock Drawer Web Properties and therefore, The Sock Drawer does not guarantee the accuracy, integrity or quality of User Content. You understand that by using this, or any other of the Sock Drawer Web Properties, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will The Sock Drawer be liable in any way for any User Content, including, without limitation, any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Sock Drawer Web Properties.
You acknowledge that The Sock Drawer has the right - though not the obligation - in our sole discretion to refuse to post or remove any User Content and it reserves the right to change, condense, edit, modify, transmit, display, or delete any User Content and you waive any rights you have in having the material altered or changed in a manner not agreeable to you. Without limiting the generality of the foregoing or any other provision of the Terms and Conditions, The Sock Drawer has the right to remove any User Content that violates this User Generated Content Policy or is otherwise objectionable and, solely as to the posting of content, it reserves the right to terminate access to submit User Content to Sock Drawer Web Properties without prior notice for any user who violates this User Generated Content Policy or infringes the rights of others. Please note that any such termination will not affect your ability to make purchases, returns, or otherwise interact with the services The Sock Drawer provides.
The Sock Drawer may, at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe upon the copyright rights of others.
If you believe that your work has been copied and is accessible on a Sock Drawer Web Property in a way that constitutes copyright infringement, you may notify The Sock Drawer by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) by email to email@example.com or by mail to The Sock Drawer Attn: Legal, 3765 S. Higuera St. Suite 160, San Luis Obispo, CA 93401. Inquiries not compliant with the procedure outlined may not receive a response.
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• A description of the copyrighted work claimed to have been infringed, or if multiple copyrights works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Sock Drawer to locate the material.
• Information reasonably sufficient to permit The Sock Drawer to contact the complaining party, such as an address, telephone number, and an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Sock Drawer may, in appropriate circumstances, delete or block an account holder or subscriber to a Sock Drawer website if he or she is a repeat infringer. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact The Sock Drawer's DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
While The Sock Drawer strives to make The Sock Drawer Web Properties safe and positive places, they remain public forums, and other users may attempt to obtain personal information about you in order to harass or injure you. By using the The Sock Drawer Web Properties you acknowledge and agree that The Sock Drawer is not responsible for others' misuse of information publicly disclosed here. Please carefully select the type of information that you post or share, and report any abuses to us.
Except where prohibited, by making a Submission of User Content to a Sock Drawer Web Property, you agree that: (1) any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of this User Generated Content Policy shall be resolved exclusively by means of arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, in San Luis Obispo, California, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals; (2) THE SOCK DRAWER’S LIABILITY ARISING IN CONNECTION WITH THIS USER GENERATED CONTENT POLICY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF $1.00 AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, THE SOCK DRAWER SHALL NOT BE LIABLE FOR, AND YOU WAIVE ALL RIGHTS TO CLAIM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ATTORNEYS FEES ARISING OUT OF THIS USER GENERATED CONTENT POLICY, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED (EVEN IF YOU OR ANY OF YOUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND TO RECOVER OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, NOR SHALL AN ENTRANT BE ENTITLED TO RESCIND THIS AGREEMENT NOR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator. The place of arbitration shall be San Luis Obispo, California. The arbitration shall be governed by the laws of the State of California without giving effect to any choice of law or conflict of law rules of the State of California or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrator, and for good cause shown. Each deposition shall be limited to a maximum of seven (7) hours duration. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The prevailing party shall not be entitled to an award of attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witnesses. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.