User Generated Content

AEGI New York LLC (“AEGI”) reaches out to social media users to seek their permission to feature their content on the AEGI website (the “Site”), social channels, and various promotional materials, including the sites and social channels of our retailers. You are reading this because AEGI has requested your permission to use your social media content in this way.

If you choose to allow us to use your social media content (“User Content”) by replying with the hashtag #sharemyAEGI, you agree to these Terms of Use (“Terms”). 

AEGI may engage service providers to facilitate the collection and transmission to the Site, social media channels, promotional materials and other properties (“AEGI Properties”) of User Content, for use by AEGI and its retailers in connection with its business, including AEGI’s marketing, promotional, advertising and other consumer-related activities (the “AEGI Services”).

AEGI reserves the right to alter these Terms without advance notice by posting a revised version of the Terms. Accordingly, you should review the Terms each time you grant permission or authorization to feature your User Content.

 

License

You keep all of your ownership rights to your User Content but give AEGI and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, retail partners, and third-party service providers and other affiliates (the “Licensed Parties”) an irrevocable, non-exclusive, perpetual, royalty-free, assignable, unconditional, worldwide, fully paid right and license to:

  1. reproduce, distribute, transmit, create derivative works from, publish, publicly display and perform, modify, edit, alter, exhibit, translate, combine with other materials and otherwise use the User Content in whole or in part, in any manner to be determined in the Licensed Parties’ sole discretion, without notice to or consent from you or any third party (except where prohibited by law), for any purpose throughout the world (including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives) in any medium or format now existing or hereafter created; and
  2. use your name and likeness, including username, handle and public profile information, commentary, and other information about you in connection with the User Content, with no obligation to you.

The Licensed Parties reserve the right to use, not use, or discontinue using any User Content in our sole discretion at any time.

 

Representations and warranties

You represent and warrant that:  

  1. you are at least 18 years old;
  2. you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant the Licensed Parties the license to the User Content as set forth above;
  3. neither the User Content nor the Licensed Parties’ use of the User Content as described herein will violate or infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party, or result in the violation of any applicable law or regulation;
  4. the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful; and
  5. the User Content does not contain any virus, worm, corrupt file, or other forms of malicious code or content that may harm a website or computer.

    Further, if any people pictured in your User Content are under 18 years of age, you hereby represent and warrant that you are the minor’s parent or legal guardian or have obtained the express permission of the minor’s parent or legal guardian to have the minor’s image used by the Licensed Parties.

     

    Indemnity and release

    You agree to indemnify and hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any and all claims, liability, damages, loss, injury, expenses and costs (including reasonable attorneys’ fees), brought or asserted by any third party related in any way to the Licensed Parties’ use of your User Content. 

    IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

    The interpretation of these Terms shall be governed by the laws of the State of New Jersey.  Any and all disputes will be resolved individually, without resort to class action, in the appropriate courts in the State of New Jersey exclusively and subject to the laws of the State of New Jersey.

    If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms are invalid, then that provision will be removed without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

     

    Additional terms

    These Terms apply to the entire Site, the AEGI Properties and AEGI Services and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on the Site or on any of the AEGI Properties or in connection with the AEGI Services, you also will be subject to additional terms of use, agreements, guidelines or rules provided by AEGI applicable to such AEGI Services and User Content, including but not limited to those set forth on the AEGI website, and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by AEGI.

     

    Intellectual property rights

    The Site, AEGI Services or AEGI Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of AEGI by authorizing use of your User Content or otherwise using or accessing the Site, the AEGI Services or the AEGI Properties.

     

    Miscellaneous

    These Terms are personal to you and may not be assigned or transferred by you for any reason whatsoever without AEGI’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

    You agree that if AEGI does not exercise or enforce any legal right or remedy which is contained in these Terms (or which AEGI has the benefit of under any applicable law), this will not be taken to be a formal waiver of AEGI’s rights and that those rights or remedies will still be available to AEGI.

     

    Last updated:  August 2019