User Generated Content Policy | Carbona

User Generated Content Policy

User Generated Content Terms and Conditions

Delta Carbona, L.P. (“Carbona”, “we” or “us”) owns and/or operates various websites, social media accounts and other online properties that permits users (“you”) to submit or publish content. Such websites may include, but are not limited to, social network pages, comment boards, message boards and blogs (“User Generated Websites”). By registering for or using any User Generated Websites or by sharing photos, videos, files, music, sounds, messages or other content, information or materials (“User Generated Content”) on User Generated Websites or on third party platforms and websites such as Instagram, Twitter or Facebook in response to one of our posts or by using a hashtag designated by us, you are agreeing to and accepting the following Terms and Conditions for User Generated Content (“Terms and Conditions”). If you do not agree to all of these terms and conditions, do not submit any User Generated Content.

Appropriate Conduct, Content Standards

Please understand that User Generated Content and the postings to our User Generated Websites do not necessarily reflect the opinions of Carbona or its affiliates. Our social media pages are intended to be family friendly. Posts that we feel are offensive, inappropriate or not otherwise in the spirit of the pages may be removed. We also reserve the right to block users who violate these Terms and Conditions or for any other reason.

Please carefully choose the User Generated Content you post or otherwise make available to others. You are solely and fully responsible for the User Generated Content you submit and what you post on User Generated Websites, which are made available for your personal, non-commercial use only. Submissions of User Generated Content (and all portions thereof) must comply with all applicable federal, state, local and international laws and regulations.

You agree that you will not submit any User Generated Content that:

  1. Discloses personally identifiable information, such as your or someone else’s full names, email addresses, telephone numbers or street addresses;
  2. Contains any material that is unlawful, defamatory, obscene, indecent, threatening, vulgar, abusive, offensive, harassing, violent, hateful, inflammatory, pornographic, profane or otherwise objectionable;
  3. Promotes sexually explicit or pornographic material, violence or discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation or age;
  4. Infringes any patent, trademark, trade secret, copyright or other intellectual property or other right of any person or entity;
  5. Violates the legal rights of others, including but not limited to the rights of publicity and privacy;
  6. Contains any material that constitutes a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or that otherwise may be in conflict with these Terms and Conditions or our Terms of Service and Privacy Policy (available at https://carbona.com/terms-privacy/);
  7. Promotes any illegal activity, or advocates, promotes or assists any unlawful act;
  8. Is likely to deceive any person;
  9. Causes annoyance, inconvenience or needless anxiety or is likely to upset, embarrass, alarm or annoy any other person;
  10. Impersonates any person or misrepresents your identity or affiliation with any person or organization;
  11. Involves commercial sales or activities, such as contests, sweepstakes and other sales, pricing or promotional information;
  12. Is for the purposes of spamming; or
  13. Falsely gives the impression that it emanates from or is endorsed by us or any other person or entity.

By accepting these Terms and Conditions, you agree that any information you provide about yourself is accurate and complete information at the time provided. You also represent that you are eighteen (18) years of age or older.

Despite these prohibitions, User Generated Content provided by others may contain inaccurate, incomplete, misleading, inappropriate or unlawful material. Carbona is not responsible for or liable to any third party for the content or accuracy of any User Generated Content posted by you or any other user. You understand that User Generated Websites and our social media pages are places to review and share information, but the information has not been verified for accuracy and does not represent the opinions or positions of Carbona. Carbona and its personnel are not and will not be responsible for any loss or damage suffered by a user through the user’s reliance on User Generated Content or information or content appearing on any User Generated Website. USER GENERATED WEBSITES ARE MADE AVAILABLE TO YOU “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. You use any User Generated Website at your own risk. Your submission of or reliance upon any User Generated Content is at your own risk. If you become aware of improper or unlawful User Generated Content submitted by others, you may contact us or report such content to the appropriate platform.

Nothing in these Terms and Conditions shall require Carbona to monitor User Generated Content or any User Generated Website for objectionable materials. If at any time we choose, in our sole discretion, to monitor or edit User Generated Content or any submission to a User Generated Website, we nonetheless assume no responsibility for anything submitted or posted, no obligation to modify or remove any inappropriate materials or information and no responsibility for the conduct of any user. We do not endorse and have no control over User Generated Content or what users post or submit to User Generated Websites. Carbona makes no warranties, express or implied, as to the accuracy and reliability of any material or information on User Generated Websites or contained in User Generated Content.

We reserve the right to (but have no obligation to) reject, edit, refuse to post and/or remove any User Generated Content or information submitted to a User Generated Website that we determine, in our sole and absolute discretion, is unlawful, fraudulent, threatening, libelous, defamatory, obscene, inappropriate or otherwise objectionable or infringes or violates any party’s intellectual property or other proprietary rights, these Terms and Conditions or applicable online community or platform guidelines or terms of use. You agree that Carbona shall accept no liability whatsoever if it refuses to post your submission or edits, restricts or removes your submission. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole and absolute discretion, is suspected of submitting User Generated Content that violates any applicable law or regulation, including, without limitation, reporting you to law enforcement authorities.

If you have a material connection to Carbona (i.e. as an employee, agency, sponsor, endorser or the like), please indicate that when you post User Generated Content or submit content through a User Generated Website.

License to Use Materials

By submitting, posting or displaying any User Generated Content or by submitting content through User Generated Websites, you automatically grant Carbona a worldwide, non-exclusive, royalty-free, sublicensable, irrevocable license to use, publish and otherwise reproduce, modify and distribute such User Generated Content on the User Generated Websites and in any and all Carbona-related media in perpetuity for any lawful purpose with or without your name or the name of others included in the User Generated Content. These uses may include, but are not limited to, information, education, promotion or advertising of Carbona or its products via the Internet, web sites, mobile applications, social media, television, radio or print.

Any User Generated Content you submit or any material you submit to any User Generated Website, including data, questions, comments, ideas, suggestions or the like are, and will be treated as, non-confidential and non-proprietary. Please do not submit confidential or private information or information you do not want us to use. To the fullest extent permissible by law, Carbona may use and reproduce anything you submit freely and for any purpose. Specifically, Carbona is free to use for any purposes (such as, by way of example only, developing, manufacturing, advertising and marketing of our products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any User Generated Content you submit. Any such use is and shall be without compensation to you. Notwithstanding the foregoing, we are under no obligation to use anything you submit. You also understand and agree that we employ both internal and external resources that may have developed or may in the future develop ideas identical or similar to your User Generated Content.

By submitting, posting or displaying any User Generated Content or by submitting content through User Generated Websites, you represent and warrant that:

  1. You are at least eighteen (18) years old;
  2. You own or control all rights in and to your User Generated Content and have the unencumbered right to grant the license granted above to Carbona and its affiliates and service providers, and each of their respective licensees, successors, and assigns;
  3. All of your submissions do and will comply with these Terms and Conditions and, if applicable, the Terms of Service and Privacy Policy;
  4. If children are depicted in your submissions, you are the parent or guardian with legal responsibility of any minors depicted therein; and
  5. You have the right to use the likeness of any person depicted in your submissions.

You hereby agree to indemnify Carbona for any and all losses resulting from the invalidity or inaccuracy of any of the above representations.

Carbona Proprietary Materials

Our User Generated Websites and social media pages also contain content owned by or licensed to us (“Carbona Materials”). Carbona Materials are protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights in them. We hereby grant you a limited, revocable, nonsublicenseable license to reproduce and display the Carbona Materials (excluding any software code) solely for your personal use to view our User Generated Websites and submit User Generated Content. Except as set forth above, nothing herein shall be construed as conferring (by implication or otherwise) any license or right under any copyright, trademark or patent or other proprietary right of Carbona or any third party. Except for content you post to User Generated Websites or submit as your own User Generated Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any Carbona Materials or User Generated Content submitted by anyone else.

Infringement Policy

You may not in any way post, modify, distribute, or reproduce any copyrighted material, trademarks or other proprietary information belonging to others without their consent. If you believe that any content or materials on a User Generated Website or contained within User Generated Content infringe upon any copyright or intellectual property right that you own or control, please submit a written notice to our designated agent with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (or access to which is to be disabled) along with information reasonably sufficient to allow us to locate the material; (d) information reasonably sufficient to allow us to contact you, such as your name, address, telephone number, and, if available, email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the right owner, its agent, or the law; (f) a statement that the information in the notification is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed right. Carbona’s designated agent for notice of claims of copyright infringement can be reached at: Copyright Agent, Delta Carbona, L.P., 376 Hollywood Ave, Suit 208 Fairfield, NJ 07424, Attn. Copyright Agent, copyrightagent@carbona.com. Additional information regarding our takedown policy can be found in our Terms of Service and Privacy Policy, which can be viewed at https://carbona.com/terms-privacy/.

Standard Terms of Service and Privacy

In addition to these Terms and Conditions, you agree to be bound by Carbona’s standard Terms of Service and Privacy Policy for its websites, which can be viewed at https://carbona.com/terms-privacy/, as may be modified and/or updated from time to time.

Amendments

We reserve the right to change, replace or terminate these Terms and Conditions at our sole discretion at any time without notice to you. If you do not agree with the changes, you should stop using the User Generated Websites and should not submit any User Generated Content. If you continue using the User Generated Websites and/or submit User Generated Content after such changes, you will be deemed to have accepted and agreed to such changes. You are responsible for regularly reviewing these Terms and Conditions so that you will be apprised of any changes.

Last updated: July 25, 2019

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