We love your Instagram/Facebook/Twitter “Social Media” photo you posted with the Swell Vision-related hashtag. Because we thought your photo was super SWELL, we’d love to get your permission to feature you on our web-pages to showcase your SWELL style.
By responding to the message from our Swell Vision Social Media account with “#YESswellvision” you represent and warrant that:
- You are eighteen (18) years of age or older,
- You own all rights in and to your photos,
- You have permission from any person(s) appearing in your photos to grant the rights herein,
- Swell Vision’s use of your Social Media photos does not infringe the rights of any third party or violate any law, and
- That you have read and that you agree to the following terms and conditions:
What happens if I respond with (#YESswellvision)?
You grant us rights to present your Social Media photos in Swell Vision content, or more precisely: you grant Swell Vision an unlimited, non-exclusive, assignable, sublicensable, perpetual, worldwide right of utilization of the photos you post or have already posted on Social Media with a Swell Vision - related hashtag. A “Swell Vision -related hashtag” is a hashtag that consists of a Swell Vision brand, trademark or the name of a Swell Vision product or campaign.
This means by responding with (#YesSwellVision) in the Social Media message Swell Vision gets an unlimited right to use the photos with the relevant hashtag as digital and non-digital content. The utilization includes for example the use of the photos in the Swell Vision website, Swell Vision newsletters, Swell Vision e-mails, postings on Swell Vision’s social media accounts, Swell Vision internal communication, or the use on billboards, posters, websites of Swell Vision retailers, as well as in stations and event driven campaigns. However, Swell Vision shall have no obligation to use your photo.
What’s in it for me?
Your photos will possibly be used on Swell Vision’s social pages, stores, e-spots, e-mails, and Swell Vision.com to showcase your style, and to inspire others on how to BE SWELL, while looking SWELL at the same time. In return you release and discharge Swell Vision from all and any obligation to pay you for any use of your photos and any of the intellectual property rights contained therein in connection with the uses described above when you respond with (#YesSwellVision).
What if I change my mind after a while?
You can always change your mind and revoke the granting of rights to Swell Vision by deleting your Swell Vision related post, contacting us on our related Social pages, or Customer Service Team at 866-SWELL22 (866-793-5522) or email@example.com to request it be taken down.
Why is there a limitation of liability?
By responding with(#YesSwellVision) to Swell Vision’s message on Social Media, a legally binding license agreement between you and Swell Vision is concluded and we want to minimize the legal risks for Swell Vision with the following limitation of liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv) loss of income, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to THE USE OF THE PHOTOS AS DESCRIBED ABOVE, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at firstname.lastname@example.org or mailing us at:
2005 Laurel Park Hwy, Hendersonville, NC 28739
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at email@example.com or by mail at
[Re: Privacy Compliance Officer]
2005 Laurel Park Hwy, Hendersonville, NC 28739