Endorsements and Social Media Engagement
ENDORSEMENTS AND SOCIAL MEDIA ENGAGEMENT POLICY (“POLICY”)
Updated: September 2017
Except where prohibited by law, if you are a “fan”, “follower” of, or otherwise voluntarily engage with FICUSTER or any affiliated brands (including SHVASTRA) (“we” or “Ficuster”) by emailing, posting, uploading, or otherwise submitting photographs, graphics, videos, messages, comments, or other material (collectively “Post(s)”) on any Ficuster page, profile, or feed (collectively “Page”) of any social media platform (“Platform”) (e.g. Facebook, Twitter, Pinterest, Instagram, SnapChat, YouTube, Wanelo, We Heart It, et al.), or making any personal statement through a Post or in any media/medium which endorses Ficuster products or services (“Endorsement”), you grant your full and unconditional agreement (or your parent or legal guardians’ full and unconditional agreement, if you are under the age of majority) to this Policy. If you do not comply with this Policy, Ficuster reserves the right to restrict your use of or access to Ficuster Pages at any time without prior notice, as well as employing available remedies allowed by law or contract. For the purpose of this Policy, all who engage in any manner with any Ficuster Page is hereafter a “User”.
If you choose to tag your Post with one of Ficuster’s promoted hashtags (e.g. #FStyle), you agree to the following:
You consent and grant to Ficuster the irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide right (but not the obligation), to use, copy, perform, reproduce, modify, display, edit, broadcast, distribute, prepare derivative works of, incorporate into other works, and otherwise exploit the Post (or any portion thereof) in any form, manner, or media now or hereafter, including, but not limited to, posting or reposting the Post across Ficuster’s digital properties (e.g., on Ficuster’s websites and social media pages) and using the Post for commercial purposes including marketing, advertising, and publicity. You also hereby grant Ficuster the right to use your name, image, likeness, and username/handle in connection with, or to reference, your Post to the extent you include such information in your Post. You understand and agree that you will not have any right to inspect or approve of Ficuster’s use of the Post, the Post will not be returned to you, and you will not receive payment or other compensation for Ficuster’s use of your Post. Aside from the aforementioned rights granted, you retain ownership of all rights to your Post(s).
You warrant that (1) your Post is your original creation for which you own and/or control all rights, (2) your Post does not infringe upon the intellectual property, privacy or publicity rights, or any other legal or moral rights of any third party, or violate any applicable laws or regulations, (3) your Post will not contain any obscene, indecent, or harassing content, or feature nudity or drug/alcohol use, (4) you have obtained the express permission of each individual appearing in your Post to be included and displayed in the Post as provided herein, and (5) you have the full authority to grant the rights contemplated herein.
You understand and acknowledge that your Post may be open to public commentary that is not under Ficuster’s direct control and does not necessarily reflect the views of the company. Ficuster may curate Posts, however we are not responsible for their content or accuracy. You understand that you may be exposed to other Posts that you may find offensive, indecent, or otherwise objectionable. You understand that Ficuster is not to be held liable for any loss or damage suffered by you in connection with Posts made available on Ficuster’s websites or social media pages. Ficuster reserves the right to remove Posts at any time and for any reason.
You agree not to take any legal action against, and thus irrevocably release and discharge, Ficuster and its directors, employees, officers, agents, affiliates, franchisees, licensees, or any person or entity acting on behalf of Ficuster, from all claims in connection with the use or viewing of Posts, including but not limited to any claims based on trademark, copyright, publicity rights, defamation, or privacy invasion.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Ficuster and its directors, employees, officers, agents, affiliates, franchisees, and licensees, from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (1) your violation of any of these Policy terms, (2) your violation of any third party rights, including but not limited to any trademark, copyright, property, or privacy rights, or (3) any claim that your Post caused damage to a third party.
The rights to Ficuster’s information may be protected by patent, copyright, trademark, trade secrets, or other proprietary rights owned by a third party. Additionally, certain content contained and displayed within Ficuster pages is the original authorship of Ficuster and is owned entirely by Ficuster. In being a User of or Posting to any of Ficuster’s Pages, you acknowledge that you may not modify, publish, transmit, display, copy, participate in the transfer or sale, create derivative works, or in any way exploit and of the content, whether owned by Ficuster or a third party, other than as provided herein.
To request the removal of any of your User-Generated Content, please send a removal request email to SUPPORT@FICUSTER.COM. Your email must include a description of, or a link to the URL of, the page on which your User-Generated Content is posted.
We at Ficuster respect the intellectual property rights of others and expect all Users to do the same. If you believe that your copyrighted work has been copied in any way that constitutes copyright infringement, please notify our designated copyright agent by mail at FICUSTER, PLOT No. 97, BITHWANA, DISTT & TEH REWARI, HARYANA 123401. Or email at : SUPPORT@FICUSTER.COM. Please make sure to include the following information with your notification:
-Identification of the material that is claimed to be infringing, and sufficient information for Ficuster to locate the material, including a link to or URL of the material.
-An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
-Your contact information, including name, address, telephone number, and email address, so we may contact you if necessary
-A written statement that you have, in good faith, a belief that the disputed use is not authorized by the copyright owner, its agent, or the law
-A statement by you, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner, and that the above information in your notice is accurate.
Ficuster is committed to complying with all applicable laws and regulations requiring clear and accurate advertising, endorsements, and testimonials when communicating with the public, including the disclosure of all connections between a Ficuster marketing promotion on any Page and a User’s participation in any such promotion. This Policy is intended to provide guidelines to ensuring compliance with such laws and regulations. This Policy applies to all Ficuster employees, independent contractors, agents (including anyone speaking, writing, blogging, posting on any Platform, or otherwise endorsing Ficuster products and services), and any other individual or entity engaged in endorsement activities on behalf of Ficuster, whether they are engaged by Ficuster either directly or through an agency, agency representative, subsidiary, or franchise (collectively “Endorsers”). This Policy applies, regardless of the form in which the Endorsement or testimonial is made, written or verbal, including but not limited to, television commercials, print advertisements, websites, blogs, mobile applications, Platforms, or any form of media which may be used to advertise.
All Endorsers are held responsible for their opinions, comments, and content made in Posts, and may be held personally liable for any commentary deemed to be defamatory, libelous, obscene, or an infringement upon the proprietary rights of Ficuster or any third party. Thus, Endorsers should be mindful of this potential liability when disseminating opinions, comments, and content through Posts. Additionally, Endorsers should be aware that Posts may remain public or may be archived so that such Posts may be stored and able to be retrieved indefinitely.
respect to statements or claims made in advertising messages or promotional
communications regarding Ficuster and/or its products and services, Endorsers
must obey the following general standards and disclosure requirements:
1. General Standards
Endorsers may only make statements that reflect their honest opinions, findings, beliefs, or experiences, and may not make statements about experiences with a product not personally used, examined, or evaluated.
Any endorsements by organizations must reflect the collective judgment of that organization.
Endorsers may not make deceptive, misleading, untruthful, or unsubstantiated claims about Ficuster’s products or services.
Endorsers may not engage in any communication that is defamatory or that infringes upon the intellectual property or privacy and publicity rights of others.
Endorsers may not use any intellectual property of Ficuster in their Endorsement without prior written consent of Ficuster. Such use must be in accordance with the specific guidelines supplied by Ficuster.
Endorsers may not make any comments or Posts that promote unsafe or dangerous activities, or violate applicable local, state, or federal laws or regulations.
Endorsers that are also employees of Ficuster must adhere to all employee guidelines located in the employee handbook, especially the section labeled “Social Media & Networking”.
Endorsers may have access or be directly and/or indirectly exposed to information of a proprietary and confidential nature regarding Ficuster (including, without limitation, its business operations and activities, strategic plans and financial information). Endorsers shall keep such information confidential, and shall not disclose such information.
2. Disclosure Requirements
Endorsers must clearly disclose any “material connections” to Ficuster in all advertising, promotional, and Endorsement related communications regarding Ficuster and/or its products or services.
A “Material Connection” is one not reasonably expected by the audience or readily apparent from the context of the context of the communication, that may affect the credibility a reasonable customer would give to the communications or messages made by the Endorser. Such connections may be found in the form of:
-Receiving consideration (i.e. monetary compensation including fees or commissions, gift cards, event access, prizes, free or discounted merchandise or services) provided by Ficuster (or any agents acting on the behalf of Ficuster) to the endorser
-A relationship between Ficuster and the