In order to provide a more honest, direct, and relatable product review we have added user-generated content. If you are part of or want to be part of the many content generators that inspire our community today, you agree to the following User Generated Content Terms and Conditions Agreement
This User Generated Content Terms and Conditions Agreement (“Terms” or “UGC Agreement”) is between you (“user”, “you”) and Corral Boot Co LLC, including its affiliated companies and associates within (“Corral Boots”, “we”, “our”, “us”), and governs our use of your User Generated Content, as defined below, that you post or share using third-party platforms or websites such as Instagram, Twitter, Facebook, LinkedIn, Pinterest, TikTok, Reddit, and others (“Third-Party Sites”) in which you tag or direct message us or upload directly to our website at corralboots.com or any subdomain. By posting or sharing photos, text, graphics, audio, video, location information, comments, and other materials (“User Generated Content” or “UGC”) on Third-Party Sites tagging or directly messaging us, you are making a submission (“Submission”) to Corral Boot Co LLC and/or its affiliated properties, and you agree to the following terms.
USER-GENERATED CONTENT LICENSE
You retain any copyright or other intellectual property rights that you may have in your User Generated Content. You hereby grant, warrant and represent you have the right to grant, to Corral Boot Co LLC and its related companies, agents, legal representatives, and third-party service providers a worldwide, irrevocable, royalty-free, non-exclusive, unrestricted, unconditional, unlimited, sublicensable right and license to use, copy, record, distribute, translate, modify, reproduce, disclose, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User Generated Content (and derivative works thereof) in any manner to be determined in our sole discretion, for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any of the rights and license you grant in this User Agreement, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content. We reserve the right, in our sole discretion, to determine which User Generated Content to use. We may publish, review, modify or remove all or part of your User Generated Content at our sole discretion.
You acknowledge and agree that: (a) the Licensed Parties have the right to arrange the posting of User-Generated Content in any way in their sole discretion without your prior approval, notification, or any payment to you; (b) Corral Boot Co LLC and the Licensed Parties have no obligation to provide you with any credit or other attribution when using your User Generated Content, provided, however, if the Licensed Parties choose to provide you with credit, the size and placement of the credit shall be in their sole discretion; (c) any “moral rights” in your User Generated Content are waived, and (d) you are not entitled to any compensation or other payment from Corral Boot Co LLC and The Licensed Parties in connection with use of your User Generated Content. You agree that you will have no approval rights, no claim to compensation, and no claim (including, without limitation, claims based upon breach of privacy, defamation, or intellectual property infringement) against Corral Boot Co LLC and The Licensed Parties arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the User Generated Content.
In connection with any use of your User Generated Content, you grant Corral Boot Co LLC and The Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location, or other identifying information, including but not limited to your voice.
You acknowledge that by granting permission to use your User Generated Content it is deemed non-confidential and non-proprietary. Further, Corral Boot Co LLC and The Licensed Parties do not assume any obligation of any kind to you or any Third Party with respect to your User Generated Content, and Corral Boot Co LLC and The Licensed Parties have no obligation to maintain the confidentiality of any information contained in the User Generated Content, in whatever form, except pursuant to the Licensed Parties privacy policies which can be found here. If you do not agree to the collection, use, and disclosure of your personal information in this way, you should direct message Corral Boot Co LLC email@example.com or firstname.lastname@example.org and The Licensed Parties, you should refrain from otherwise providing Corral Boot Co LLC and The Licensed Parties with personal information.
REPRESENTATION, WARRANTIES AND INDEMNIFICATION
You represent and warrant that:
(1) you are 18 years of age or older and you have the legal right and capacity to agree to these Terms;
(2) you are solely responsible for your User Generated Content;
(3) you own all rights in and to your User Generated Content and/or have obtained the appropriate rights and permissions from any and all other persons or entities who own, manage, or otherwise claim any rights with respect to such User-Generated Content;
(4) Corral Boot Co LLC and The Licensed Parties’ use of your User-Generated Content as described herein will not infringe upon, misappropriate, or otherwise violate the rights of any other person or entity including, without limitation, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights of any third party, or any applicable law, rule or regulation;
(5) the User Generated Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, or libelous; unlawful, and/or is known by you to be false, inaccurate, or misleading;
(6) the User Generated Content does not contain any advertising or other commercial content;
(7) you are responsible for all royalties, fees, and other monies owed related to your User Generated Content; and
(8) you will adhere to the applicable terms and conditions of any Third-Party Sites where you have uploaded or posted your User Generated Content.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD CORRAL BOOT CO LLC AND THE LICENSED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, ACTIONS OR PROCEEDINGS OF ANY KIND AND FROM ANY AND ALL DAMAGES, LIABILITIES, COSTS, AND EXPENSES RELATING TO OR ARISING OUT OF ANY BREACH OR ALLEGED BREACH OF ANY OF THESE WARRANTIES AND REPRESENTATIONS.
DELETION OF USER-GENERATED CONTENT
To request the removal of your User Generated Content, or if you have questions regarding these Terms or requests concerning your personal information, please contact us by email at email@example.com or firstname.lastname@example.org.
You may request that we remove your User Generated Content reasonable steps to delete your User Generated Content. Allow 1-3 business days after we have received your email request for your content to be removed from the Site. You acknowledge that we may be unable to fully delete all of your User Generated Content, for example, we may be unable to remove User Generated Content that is posted to third-party websites. We reserve the right to retain copies of User Generated Content as necessary for legal or compliance purposes.
You acknowledge and agree that Corral Boot Co LLC and The Licensed Parties have no obligation to use your User Generated Content, or any portion thereof, and have the right (but not the obligation), in their sole discretion, to pre-screen, review and remove User Generated Content from the Site. You further understand and agree that, in their sole discretion, Corral Boot Co LLC and The Licensed Parties may remove any User Generated Content from the Site at any time, for any reason, with or without notice to you.
CORRAL BOOT CO LLC INTELLECTUAL PROPERTY RIGHTS
THE CORRAL BOOT CO LLC SITE MAY BE PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY LAWS. YOU ACKNOWLEDGE AND AGREE THAT BY AUTHORIZING THE USE OF YOUR USER-GENERATED CONTENT YOU DO NOT ACQUIRE ANY OWNERSHIP OR OTHER RIGHTS IN INTELLECTUAL PROPERTY OR OTHER PROPRIETARY INFORMATION OWNED BY CORRAL BOOT CO LLC.
LIMITATION OF LIABILITY & DAMAGES
You hereby agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the User Generated Content or these Terms shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards in your favor shall be limited to actual out of pocket costs incurred, including costs associated with Submitting the User Generated Content, but in no event will your attorneys’ fees be recoverable; and (c) under no circumstances, including for negligence, will Corral Boot Co LLC and The Licensed Parties be liable to you for punitive, incidental or consequential damages, lost data, lost profits and/or any other damages. You acknowledge and agree that neither Corral Boot Co LLC and The Licensed Parties nor any of their directors, or employees are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the User-Generated Content (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on your rights of publicity or privacy, or a claim for defamation). Under no circumstances will Corral Boot Co LLC and The Licensed Parties be held liable for any damage to computer systems, phone lines, hardware, software, or program malfunctions, or other errors, failures, delayed computer transmissions, or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT WILL CORRAL BOOT CO LLC AND THE LICENSED PARTIES’ TOTAL LIABILITY (IN THE AGGREGATE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USER GENERATED CONTENT WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE).
MODIFICATIONS TO THE TERMS
From time to time, we may need to make changes to these Terms, including to address changes in technology or law, and we encourage you to review these Terms each time you grant us permission to use your User Generated Content. We reserve the right to alter these Terms at any time without advance notice to you by posting a revised Terms and Conditions. Any changes or modifications will be effective immediately upon posting.
If any part of these Terms is found to be invalid, unlawful or unenforceable by a court of competent jurisdiction, the invalid, unlawful or unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms shall remain in full force and effect.