User Generated Content Terms and Conditions
We love your image, video or other content that you have posted on your social media (your “Content”) and know others will benefit from experiencing it. As you consider allowing us to publish your Content, we want to make sure you know exactly how we intend to use it.
When you post Content on social media (e.g. Instagram, Facebook, Tiktok, Youtube or other) and you tag @artizanjoyeria our official social media account may then comment on your post requesting your permission for us to use your Content.
You can provide your permission for Artizan Joyeria and its subsidiaries and affiliates to use your Content as described below by replying to our social media comment with #YESARTIZAN or by uploading your Content directly to an official Artizan website.
By replying with the #YESARTIZAN hashtag or uploading directly to an official Artizan website you grant to Artizan Joyeria a non-exclusive, fully sub-licensable, worldwide, fully-paid, royalty free licence to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute the Content and all intellectual property rights in or to the Content on any and all of Artisan's websites and/or in any and all media now known or in the future developed, without the requirement to make payment to you or to any third party. You represent and warrant that you own the Content (which shall include any avatar, text or profile incorporated in the Content) and all intellectual property rights in or to the Content or otherwise have the right to grant the licence set out in this Form, and that there are no other individuals or entities with ownership claims over the Content or any intellectual property rights in or to the Content. You represent and warrant that all the people in the Content (if any) have consented to your grant of the licence above and Artizan and its licensees and sub-licensees use of the Content in the manner set out in this Form. You agree that your Content may be edited and/or used by Artizan, or by others under Artisan's direction, including without limitation to create derivative works either alone or in conjunction with other materials, such as sketches, cartoons, captions, films, artwork, textural matter or photographs. You understand that you have no right of approval over the editing or use of the Content. To the extent legally permissible, you irrevocably and unconditionally waive in favour of Artizan and its licensees all moral rights which you may now or at any time in the future be entitled in the Content, including without limitation the right to be credited as the author and the right to object to derogatory treatment of the Content.
You continue to retain all ownership rights you hold in your Content, and you retain any right to use your Content in any way you choose, subject to these terms and the licence described in this Form. You represent and warrant that Artisan's displaying, publishing or posting of the Content, and our use thereof does not and will not violate the data protection and privacy rights, publicity rights, copyrights, performers' rights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You understand that Artizan does not guarantee to use and is not obliged to use the Content. You understand that Artizan shall not be liable for any loss of opportunity including (without limitation) loss of opportunity to enhance your reputation.
This Release shall be governed by the laws of the State of Florida applicable to contracts executed and performed entirely therein. Any dispute or controversy arising out of or relating to this Release shall be brought exclusively in the state or federal courts located or having jurisdiction in Miami,Florida, and you submit to the jurisdiction of such courts.
In some instances, both these Terms and separate website terms (“Terms of Use” and “Private Policy”) will apply to your interaction with us. To the extent there is a conflict between these Terms and any applicable Additional Terms, these Terms will control with respect to the specific subject matter set forth herein.
If you don’t agree to the terms, we completely understand and no further action is required – please do not reply to an Artizan post on social media with #YESARTIZAN and please do not upload your Content to an official Artizan website. We are still thrilled to see Artizan as a part of your page and look forward to seeing any new content you post as well.
Thanks again and please email us at customercare@artizanjoyeria.com if you have any questions.