This Social Media and User-Generated Content Policy (the “Policy”) applies to and governs your conduct associated with various free Social Media Channels hosted by West49, a division of YM Inc. (Sales) (“West49”, “we” or “us”) and its brands (being Stitches, Sirens, Urban Kids, Urban Behavior, West49, Amnesia and Urban Planet, and any future affiliated companies and brands) (collectively, “Affiliates”). By contributing User-Generated Content to or participating in the Social Media Channels, you agree to abide by the terms and conditions of this Policy.
We may change or add to this Policy, so we encourage you to review it periodically and to check for updates when you participate in our Social Media Channels.
What are Social Media Channels?
“Social Media Channels” include all websites, online and mobile technologies, services and tools which allow users to interact with each other by sharing information, opinions and interests, including but not limited to blogs, micro-blogs, social bookmarking services, user rating services, podcasts, wikis, message boards, social networking websites such as Facebook and Twitter (including the West49 Facebook Page), Youtube, Flickr, Tumblr, Pinterest, Instagram, Vimeo, product review applications referenced on, connected to or associated with our website (www.west49.com), and any and all other online or mobile collaboration, sharing or publishing platforms, whether accessed through the web, a mobile device, text messaging, e-mail or any other existing or emerging communications platform, and including any and all digital medium communications in social environments.
This Policy applies to Social Media Channels that are hosted by West49, such as the West49 fashion blog, or externally hosted by third party providers, such as Facebook.
What is User-Generated Content?
“User-Generated Content” means any and all content generated by you through your participation in or contribution to Social Media Channels, including blog posts or comments, status updates, “likes”, text messages, email posts, Twitter blasts/“tweets”, images, audio recordings, video recordings or any other information made available by you through a Social Media Channel.
This Policy applies to all User-Generated Content, regardless of whether the content is made available through externally or internally hosted Social Media Channels.
Rules of Conduct
West49 views Social Medial Channels positively, and encourages you to use Social Media Channels to review our products and services, discuss fashion and clothing ideas, trends and reviews and discuss issues, trends and topics related to the fashion industry, among other things. Social Media Channels are a key way in which people, and specifically members of the West49 community, interact and share ideas with others. We love to see photos and video that you have created, showing you in your favourite West49 fashions.
West49 respects your freedom, self expression and ownership of and responsibility for your User-Generated Content. When you participate in the Social Media Channels and/or post User-Generated Content, please be polite, kind and respectful to others. Please also be careful of what you post, and moderate your content. You are responsible for your User-Generated Content, and you may be sued by others if you post content that: (i) is known by you to be false, misleading or inaccurate; (ii) leads others to believe you are someone else or representing an organization that you do not represent; (iii) infringes any third party intellectual property or proprietary rights, or rights of publicity or privacy; (iv) violates any law, statute, ordinance or regulation; (v) is, or may be considered to be, vulgar, indecent, obscene, untrue, defamatory, libelous, hateful, biased or offensive, racist, threatening or harassing; (vi) includes personal information (without the individual’s permission) or plagiarized material; or (vii) contains malware, viruses or worms or other malicious code, or causes pop-ups.
We strongly encourage you NOT to disclose any of your personal information through the Social Media Channels.
When participating in the Social Media Channels and/or posting User-Generated Content, please keep in mind the following:
- Personal Attacks: Personal attacks will not be tolerated. Do not disrespect, bully, insult or attack others. When challenging an opinion or view, please do so respectfully. Do not threaten, target or abuse others through your User-Generated Content.
- Discrimination: Discrimination or prejudice of any kind, whether based upon race, disability, colour, religion, creed, sex, sexual orientation, national origin, age, or veteran status is prohibited.
- Libellous Statements: Libel is a statement or comment about a person or organization that cannot be proven to be true and may be considered damaging to their reputation, integrity and/or interests. Libellous statements are prohibited.
- Violence: Any User-Generated Content inciting or directly referring to violence, past violence or the threat of violence, including content that encourages others to be violent against other people or groups, is prohibited.
- Hatred: Constructive debate is allowed and encouraged, but comments or content intended to bully or incite hatred towards anyone, including any content promoting hatred or violence towards individuals or groups in a discriminatory manner as set forth above, is prohibited.
- Pornographic Material/Adult Content: Material that is pornographic in the sole discretion of West49 and/or references to it is prohibited. We do not allow content that in any way suggest, promotes, refers to or encourages sexual attraction towards or exploitation of children. In addition, please do not post images or videos containing nudity or sexual activity.
- Spam: Please do not post spam, such as garbled or nonsense sentences or duplication of words and numbers. In addition, please not use our Social Media Channels to drive traffic to your site or to move it up in search listings, post User-Generated Content through the Social Media Channels simply to promote your site or product, or use existing User-Generated Content from other sources for the primary purpose of generating revenue or other personal gain. You cannot use our Social Media Channels in connection with pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise). You cannot use our Social Media Channels to conduct a survey or a contest. Posting under multiple nicknames is not allowed.
- References to Upsetting/Distressing Subjects: Please do not use the Social Media Channels to refer to subjects (such as drug use, sexual acts, war, religion or political beliefs) in a manner that others may find to be upsetting or distressing, including content that is crude, vulgar, shocking or graphic.
- Criminal or Immoral Activity: Any mention of or reference to criminal or immoral activity, including drugs, prostitution, fraud, stalking, extortion, and terrorism, among others, is prohibited.
Though West49 may make exceptions at its sole discretion based on documentary, artistic, educational, scientific or other grounds, West49 reserves the right to immediately remove any User-Generated Content that offends any of the above prohibitions or any applicable law at its sole discretion and take any other action it deems appropriate in respect of such offending User-Generated Content, as more specifically set forth below. West49 makes no representation or warranty with respect to its efforts to monitoring of User-Generated Content and assumes no liability in respect of such content, as more specifically set out in our Disclaimer below. West49 does not guarantee the accuracy, non-offensiveness, reliability or completeness of such User-Generated Content.
West49 has installed social media plug-in protocols, such as Facebook’s “Like” button, which allow you to share your likes and interests in West49 products, services, and promotions with your friends and contacts. When you click on a social media plug-in protocol link, such as the Like button, a link to the Site may appear in the “Likes and Interests” section of your Facebook or other social media website profile. Your friends and contacts will be able to see the link and be led back to the Site if they share your likes and interests or if they are interested in learning more about our products, services, and promotions. We may also contact you, and those of your friends and contacts who chose to become members of West49’s social media website webpages, with news about West49 so you and your friends and contacts can learn about West49’s products, services and promotions. You understand that information about your likes and interests may be shared with your friends and contacts and the broader social-media website community.
West49 may offer blogs from time to time, in accordance with the terms and conditions of this Policy.
If you encounter one of our blogs that you believe violates this Policy, please report it to us by contacting us at: +1 (416) 789 1071
We will then review the blog for violations of the Policy. If the blog does not violate this Policy, we will not take any action. If we are of the view that a blog does violate this Policy, we may take any action in our sole discretion, including but not limited to one or more of the following actions, based on the severity of the violation:
- o Delete the blog
- o Disable the author’s access to his/her blog account
- o Report the user to law enforcement
Your Representations and Warranties
By submitting User-Generated Content to the Social Media Channels, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights in such content and such content does not contain any third-party trademarked or copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of such material or you are otherwise legally entitled to post the material and to grant West49 all relevant licenses and permissions to use the material as contemplated herein;
- all “moral rights” that you may have in such content have been voluntarily waived by you in favour of West49 and its Affiliates;
- all such content is accurate;
- you are not misrepresenting your identity in any way;
- you are at least 13 years old;
- public use of the User-Generated Content does not violate the terms and conditions of this Policy; and
- none of your User-Generated Content, whether to your knowledge or otherwise, contains any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
Except where prohibited by law, your making available the User-Generated Content or otherwise contributing to or participating in the Social Media Channels, including the voluntary posting by you of photographs, videos, comments, or other material on any of the Social Media Channels constitutes your consent and grant to West49 and its Affiliates of a non-exclusive, royalty-free, worldwide, unrestricted, irrevocable and unlimited right and permission, but not the obligation, to utilize distribute, publish, exhibit, digitize, broadcast, display, reproduce, prepare derivative works of, and otherwise exploit the User-Generated Content in any and all manner and media throughout the world and in perpetuity for promotional purposes and other uses deemed by West49 in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives. You understand that any such media may be edited in the sole discretion of West49.
The information and content displayed and contained within the Social Media Channels (other than the User-Generated Content) is protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by West49, its Affiliates or third parties who provide such Social Media Channels. By participating in and contributing to the Social Media Channels, you agree that you shall not adapt, distribute, store in a retrieval system, modify, convert, publish, transmit, display, copy, reproduce, participate in the transfer or sale, create derivative works, or in any way exploit any of the content contained within the Social Media Channels, whether owned by West49 or a third party.
YM and its brands, trademarks and design marks (collectively, the "YM Marks"), are trademarks or registered trademarks of YM Inc. and/or its Affiliates, and the property thereof. All other product, brand and company names and logos used, displayed or referenced within the Social Media Channels may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks, including the YM Marks, appearing in the Social Media Channels without the express written consent of the owner of the trademark is strictly prohibited.
© YM Inc. 2017. All rights reserved.
Indemnity, Liability and Disclaimer
You agree to indemnify and hold West49 (including its officers, directors, agents, Affiliates, employees, representatives and third party service providers) harmless from any and all claims, demands, losses, liabilities and damages (actual and consequential) of any kind or nature, known and unknown, including reasonable legal fees (collectively, “Claims”), arising out of or in connection with a breach of your representations and warranties set forth herein, or your violation of any law or the rights of any third party arising from your participation in or contribution of User-Generated Content to any Social Media Channels.
EXCEPT WHERE PROHIBITED BY LAW, THE INFORMATION ON THE SOCIAL MEDIA CHANNELS IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. West49 SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE CONTENT OF THE SOCIAL MEDIA CHANNELS (INCLUDING ANY INFORMATION, IMAGES, PHOTOS, VIDEO, MATERIAL OR DOWNLOADABLE CONTENT ACCESSED FROM OR THROUGH THE SOCIAL MEDIA CHANNELS) WILL BE ACCURATE, UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, THAT VIRUSES OR ERRORS WILL BE CORRECTED, OR THAT THE SOCIAL MEDIA CHANNELS OR SERVER UPON WHICH THEY RESIDE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOUR USE OF THE SOCIAL MEDIA CHANNELS IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL West49, ITS AFFILIATES OR BRANDS [(STITCHES, SIRENS, URBAN KIDS, URBAN BEHAVIOR, WEST49, AMNESIA AND URBAN PLANET), ANY FUTURE AFFILIATED COMPANIES AND BRANDS OF YM INC.], EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE SOCIAL MEDIA CHANNELS; THE MATERIALS OR CONTENT ON THE SOCIAL MEDIA CHANNELS, INCLUDING THE USER-GENERATED CONTENT, STATEMENTS OR CONDUCT OF ANY THIRD PARTY; A DELAY OR INABILITY TO USE THE SOCIAL MEDIA CHANNELS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER-GENERATED CONTENT OR OTHERWISE ARISING IN CONNECTION WITH THE SOCIAL MEDIA CHANNELS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
If for any reason the Social Media Channels hosted by us are not operating as intended, as a result of infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Social Media Channels, we reserve the right, at our sole discretion, to cancel, terminate, modify or suspend any such Social Media Channels or any user’s access to same. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User-Generated Content.
Any attempt by any person to deliberately undermine the legitimate operation of our Social Media Channels may be a violation of criminal and civil law, and, should such an attempt be made, we reserve the right to seek damages from any such person in respect of any such civil law violations to the fullest extent permitted by law. Our failure to enforce any term of this Policy shall not constitute a waiver of this provision.
Termination of Relationship
West49 reserves the right to terminate its online relationship with you, should you fail to comply with this Policy or if you are interfering or tampering with the Social Media Channels. West49 may also suspend your online account with us (if applicable) or restrict your use of or access to our internally hosted Social Media Channels, or request the same from externally hosted Social Media Channels, all without prior notice to you.
Externally Hosted Social Media Channels
Other West49 Policies
Please also visit the following associated policies for further information:
Website Terms and Conditions of Use: online at https://west49.com/pages/terms-conditions
If you would like additional information or have questions about this Policy, please contact us at: +1 (416) 789 1071
Last Revision: October 2017