User Generated Content Terms and Conditions
Thanks for your interest in sharing your photo(s) with Scoria World Inc. We like the way you've used our products and we want to share your photo with our community. But first, we need your permission to use your photo in this way. Please review the terms and conditions below. If you agree with the fine print, respond to our request with "#oh!yes"!
Grant to Scoria World Inc.
By responding to our request with hashtag "#accepted", you hereby grant to Scoria World Inc. (“Scoria”), its affiliates, subsidiaries, franchisees, advertising and promotional agencies, and their agents and representatives (collectively, “Scoria”), the irrevocable, unrestricted, royalty-free worldwide license to use, publish, display, broadcast, edit, modify and distribute any materials, content, illustrations, photos, videos, comments, or information relating to the Photo (hereinafter, “Material”), including those bearing your name, voice, image, likeness, and/or any other identifiable representation of yourself (collectively, “Your Likeness”). These Materials may appear in any form, style, colour or medium whatsoever now known or later developed (including, without limitation, photographs, videotapes, films, sound recordings, software, drawings, prints, broadcast, in-store displays, internet, email, catalogue and electronic media) without compensation to you. This license will survive the termination of these terms and conditions and your participation in the community. You acknowledge and agree that Scoria shall own all right, title and interest in any Material you submit to Scoria, either directly or through its third party service providers, including all modifications, improvements, upgrades, derivative works, and feedback related thereto and all intellectual property rights therein. Scoria will select images based on the following criteria: Images must prominently feature Scoria products and demonstrate a unique style, display, or use of a Scoria product.
Warranties and Representations
By responding to our request with "#accepted", you warrant and represent that: (a) you are the sole author of the Material and own all rights to use it or, alternatively, have the right to grant us the rights described above; (b) all “moral rights” that you may have in such Material have been voluntarily waived by you; (c) the Material does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (d) publication of the Material via various media including Web posting, will not infringe on the rights of any third parties; (e) you have obtained permission from all persons whose name, voice, image, likeness and/or any other identifiable representation are included in the Material; (f) you are at least 18 years of age or have permission of a parent or guardian to participate.
You will indemnify and hold harmless Scoria (and its officers, directors, agents, subsidiaries, join ventures, employees, representatives, and third party service providers) from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, your violation any term of these terms and conditions, your violation of any laws or the rights of any third party. This indemnification obligation will survive termination of these terms and conditions and your participation in the community. If properly notified that the Material allegedly infringes on another’s intellectual property rights, Scoria will remove this content. Under no circumstances will Scoria be liable in any way for (i) any Material containing any errors or omissions; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Material posed, emailed or otherwise transmitted to the community.
Reservation of Rights
Scoria reserves the right to alter, change or modify the Material, in its sole discretion. You hereby waive any right you may have to inspect or approve the finished materials or any part or element thereof that incorporates Your Likeness.
Except to the extent that the laws of the Canadian province or territory in which you reside require the laws of such jurisdiction apply to these terms and conditions, the laws of the Province of Ontario, Canada, will govern these terms and conditions, without giving effect to any principles of conflicts of laws. Scoria reserves the right to make changes to these terms and conditions at any time.
Except to the extent that the laws of the Canadian province or territory in which you reside prohibit this choice of forum provision, any claim or dispute between you and Scoria that arises in whole or in part from the Material or the community shall be decided exclusively by a court of competent jurisdiction located in the City of Toronto,, Ontario. If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Scoria’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision. It is the express wish of the parties that these terms and conditions and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente entente ainsi que tous les documents y afférant soient rédigés en anglais.
Acknowledgment and Agreement
By responding to our request with "#accepted", you hereby acknowledge and agree to the above in consideration of the opportunity given to you by Scoria to appear or have your Material appear in our promotional materials. You acknowledge that you have fully read and understand this document and that you have had any questions regarding its effect or the meaning of its terms answered to your satisfaction.