Terms of service
TERMS AND CONDITIONS
These terms and conditions (“Terms and Conditions”) set forth the terms and conditions that apply to the use by you of the website at LGBNJ.com (the “Site”) of Let's Go Brandon, LLC. (“Company”, "LGB", "LGBNJ", “we”, “our” or “us”). Company may change these Terms and Conditions from time to time, at Company’s sole discretion, so we encourage you to review it periodically and check for updates when you visit this Site. By using this Site you are agreeing to these Terms and Conditions, including any changes thereto.
General Terms
Use of the Site is restricted to your personal use and to make online purchases from Company. You shall not use this Site for any other purpose.
These Terms and Conditions stated herein, the Terms and Conditions of Purchase and Sale, our Privacy Policy and Social Media Policy will continue as an agreement between you and Company until terminated by us (this “Agreement”), which we may do for any reason without notice to you. The restrictions we have imposed upon you regarding copying or downloading information, and any disclaimers, limitations or liabilities expressed in these Terms and Conditions will survive the termination of this Agreement.
The Agreement between you and Company relating to your use of the site supersedes all prior or concurrent communications and proposals, in any form, between you and Company. No other terms or conditions apply. We may change or add to the Agreement from time to time without notice to you, so we encourage you to review these Terms and Conditions, and any and all other terms and conditions or policies forming the Agreement, from time to time and in any event each time you visit the Site.
You agree not to introduce into or through this Site any information, content or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be libelous, slanderous, defamatory or obscene, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity, including but not limited to Company.
Eligibility to use the Site
You must be over the age of consent to use the Site and, if you are not, you may only use or otherwise access the Site with the approval of your parent or legal guardian.
Intellectual Property
Company owns (or has the right to use) all content on this Site and all intellectual property rights therein, and all such content is protected under copyright law. Any use of the content on this Site in whole or in part, including but not limited to adapting, displaying, distributing, publishing, storing in a retrieval system, transmitting, converting, copying or issuing copies, lending or reproducing the content in any other form or by any other means whatsoever, whether electronic or otherwise, and including making the same available to or via the internet or wireless technology or authorizing any of the foregoing without the prior written consent of Company, is strictly prohibited.
You agree that if you upload any content to our Site, including text, commentary, images, photos, videos, music and/or recordings, you are deemed to have granted to Company and its Affiliates (as defined below) a non-exclusive, royalty-free, worldwide, unrestricted, irrevocable and unlimited right and permission, but not the obligation, to utilize, distribute, publish, exhibit, digitize, broadcast, display, reproduce, prepare derivative works of, and otherwise exploit such uploaded content in any and all manner and media throughout the world and in perpetuity in connection with the promotion, contest or event to which such upload relates (and you agree to provide such releases and waivers as are associated with such promotion, contest or event), and any other uses deemed by Company in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives. You understand that any such media may be edited in the sole discretion of Company.
Our Company and any future affiliated or related companies and brands) (collectively, “Affiliates”) trademarks and design marks (collectively, the “LGB Marks”), are trademarks or registered trademarks of our Company and/or our Affiliates, and the property thereof. All other product, brand and Company names and logos used, displayed or referenced on this Site may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks, including the LGB Marks, appearing on this Site without the express written consent of the owner of the trademark is strictly prohibited.
Disclaimer
THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE CONTENT OF THE SITE (INCLUDING ANY INFORMATION, IMAGES, PHOTOS, VIDEO, MATERIAL OR DOWNLOADABLE CONTENT ACCESSED FROM OR THROUGH THE SITE) WILL BE ACCURATE, UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, THAT VIRUSES OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR SERVER UPON WHICH IT RESIDES ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL COMPANY, OUR AFFILIATES OR BRANDS, OR OUR EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE SITE, THE MATERIALS OR CONTENT ON THE SITE, A DELAY OR INABILITY TO USE THE SITE OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Indemnity
By using the Site, you agree to indemnify and hold Company and our Affiliates (including our/their respective officers, directors, agents, employees, representatives and third party service providers) harmless from any and all claims, demands, losses, liabilities and damages (actual and consequential) of any kind or nature, known and unknown, including reasonable legal fees (collectively, “Claims”), arising out of or in connection with your use of the Site, including but not limited to any violation by you of the Agreement, any law or regulation, and/or the rights of any third party.
If you are a California resident, you waive California Civil Code Section 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Anti-Spam/CAN-SPAM/CASL
We do not use this Site to disseminate spam. E-mail messages sent in connection with this Site will only be sent with your prior consent to the extent required by applicable laws and regulations (whether such consent is express or implied), and will contain an “unsubscribe” or “opt-out” link. The contents of any such e-mails or other commercial electronic messages you receive from us in connection with the Site shall also comply with applicable laws and regulations. You acknowledge and agree that you will not hide, disable or remove any opt-out or unsubscribe link from any e-mail. You shall not use this Site to disseminate spam.
Control of Your User ID and Password
You are responsible for all actions you take with your User ID and Password, including fees charged to your account. Therefore, we recommend that you NOT disclose your User ID or Password to any third parties. If you choose to share your User ID and Password with any third parties you are responsible for all actions taken with your account. If you lose control of your User ID and Password, you may lose control over your personal information and may be subject to legally binding actions taken using your User ID and Password.
Our links to other sites
Our Site may offer links to other websites for your information and convenience. If you click on one of these links you will leave our Site. This Agreement does not apply to those other sites that are linked to this Site. Other websites have their own terms of use and privacy and security policies. COMPANY IS NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ASSOCIATED WITH YOUR USE OF ANY SUCH OTHER WEBSITES. If you choose to visit one of these websites, you should review the policies that govern that particular website.
In addition, our Site may include content that is streamed by our Site but hosted or made available by third parties. COMPANY IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ASSOCIATED WITH, YOUR USE OF ANY SUCH CONTENT. If you choose to view such streamed content, you should review the policies that govern such content.
Details around social media associated with our Site are addressed in our Social Media Policy, which forms part of this Agreement.
Governing Law
This Site is controlled and operated by Company from Toms River, New Jersey. You agree that your use of the Site is governed by the laws of the State of New Jersey without giving effect to any principles of conflict of law. You agree that any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this Site, any use of this Site and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment, and further including the applicability or scope of this clause, shall be brought exclusively in a court of competent jurisdiction in Ocean County, New Jersey.
We have made all reasonable attempts to comply with all legal requirements known to us in creating and maintaining the Site, but make no representation that any materials or content on the Site are necessarily acceptable, appropriate or available in any jurisdiction. If you choose to access the Site from any location other than Canada or the United States of America you do so of your own volition and you are solely responsible for complying with any applicable local laws and regulations. If any part of this Agreement are invalid or unenforceable for any reason whatsoever under applicable laws and regulations, the invalid or unenforceable provision shall be deemed severable from the Agreement and shall not affect the validity or enforceability of any remaining provisions.
Injunctive Relief and Provisional Relief
Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information.
Terms and Conditions of Purchase and Sale
These Terms and Conditions of Purchase and Sale (“Terms and Conditions of Purchase and Sale”) set forth the terms and conditions that apply to the purchase of products, content and/or services (the “Products”) from the Company. We may change these Terms and Conditions of Purchase and Sale from time to time, at our sole discretion, so we encourage you to review it periodically and to check for updates when you visit this Site to make a purchase or are shopping on-line.
The terms “you” and “your” refer to the purchaser of Products using the Site.
PLEASE READ THESE TERMS AND CONDITIONS OF PURCHASE AND SALE CAREFULLY! BY USING THIS SITE TO MAKE ON-LINE PURCHASES OF PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS OF PURCHASE AND SALE, INCLUDING ANY CHANGES THERETO, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND BECOME BOUND BY ITS TERMS. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS AGREEMENT ALSO CONTAINS A GOVERNING LAW AND INJUNCTIVE RELIEF CLAUSE.
AS FURTHER DISCUSSED BELOW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS OF PURCHASE AND SALE , COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCTS YOU MAY PURCHASE FROM THIS SITE AND COMPANY’S LIABILITY SHALL BE LIMITED AS FURTHER PROVIDED HEREIN.
Sales in U.S. Only
Company sells and ships Products ordered through this Site only within the United States. We will only ship to a United States or Puerto Rico address.
We reserve the right to refuse an order for Products if the particulars of the order and payment requirements do not satisfy our purchase and delivery conditions.
Price, Payment and Shipping Price
All prices quoted are payable in US Dollars. Taxes and shipping are extra depending on the delivery address and are displayed during check-out and in the applicable order confirmation. Although we strive to provide accurate product and pricing information, errors may occur. We reserve the right to correct any errors in pricing or Product information and to modify the prices of Products, at any time, without prior notice. We cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of the provisions above, in the event that the price or related information for a Product (as described on the Site and/or the applicable order confirmation) is incorrect due to an error in pricing or Product information, Company may, at its sole discretion, refuse or cancel your order, whether before or after Company’s acceptance thereof. If there is such an error in pricing and we cancel your order and reverse any charges that have been applied, we will contact you to ask you to place a new order for the Product at the correct price.
Payment Method
Company accepts American Express, MasterCard, Visa, PayPal, ApplePay and Amazon Pay for payment for purchases made through this Site. The cardholder must always be the person who places the order.
Credit Card Security
We value your security and privacy with all online transactions. We use Secure Sockets Layer (“SSL”) technology to protect the security of your credit card information as it is transmitted to us.
SSL is the industry standard for secure commerce transactions. It prevents your personal information from being read by someone else as it travels across the Internet. All of your personal information is encrypted, including credit card number, name and address.
Nevertheless, there are certain risks associated with using the Internet and transmission of information via the Internet is not completely secure. Although we do our best, we cannot ensure or warrant the security of any information you transmit to our Site. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. We cannot be responsible for Internet fraud or theft. Please keep this in mind when providing information through the Site, and please also see the disclaimer below.
Shipping Terms
Company ships to any US address within the continental US, as well as Hawaii and Puerto Rico. In the US, we ship with UPS and have one method of Expedited Shipping service.
Consent to Use of Electronic Documents
You hereby consent to the exchange of information and documents between you and us over the Internet or by e-mail, and that this Agreement (together with any applicable order confirmation(s)) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Product Availability
The availability of certain Products may be limited, and Products may not be available for immediate delivery. Company may revise or cease to make available any Products at any time without prior notice. In the event that Company is unable to deliver you a Product ordered due to lack of availability, Company will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that Company may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
Ownership; Risk of Loss
All Product(s) purchased from Company are delivered to you by a third party delivery company such as UPS, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by Company of the Product(s) to the third party delivery company. The shipment of such Products shall be governed by the third party delivery company’s shipping terms and conditions and any insurance that such company may have in respect of such shipment. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH ANY DAMAGE TO THE PRODUCT DURING SHIPMENT OR ANY FAILURE OF THE THIRD PARTY DELIVERY COMPANY TO DELIVER SUCH PRODUCT OR ANY DELAY IN SUCH DELIVERY.
Returns
All Product returns are subject to the Company Returns Policy here, the terms of which are incorporated herein by reference. Some restrictions may apply.
Personal Information
Company collects, stores, uses and discloses your personal information (including credit card information) in order to process your purchase and for delivery of the Products to you. Your personal information is collected, stored, used and disclosed in accordance with our Privacy Policy.
While we use reasonable efforts to protect your personal information as more particularly set out in our Privacy Policy, as stated above, we cannot ensure or warrant the security of any personal information you transmit using the Site. Please keep this in mind when providing personal information through the Site. We cannot be responsible for Internet fraud or theft.
Exclusion of Warranties and Limitation of Liability
IF YOU RESIDE IN A JURISDICTION WHERE THIS SECTION OR PARTS HEREOF MAY NOT BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION LAWS, THEN THIS SECTION DOES NOT APPLY TO YOU AND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW. PLEASE READ THIS ENTIRE SECTION CAREFULLY. CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE FOLLOWING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS DO NOT APPLY TO RESIDENTS OF QUEBEC.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS PROVIDED BY COMPANY OR OTHERWISE RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONDUCTED ON OR FROM THE SITE, EVEN IF COMPANY OR ANY OF THEIR LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL COMPANY’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, COMPANY’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF COMPANY.
For the purposes of this Agreement, “Company” shall include Company’s affiliated and related companies and brands (including all current, and any future affiliated companies and brands) (collectively, “Affiliates”) and Company’s and its Affiliates’ respective directors, officers, employees, agents, mandataries and contractors.
Social Media and User-Generated Content Policy
This Social Media and User-Generated Content Policy (the “Policy”) applies to and governs your conduct associated with various free Social Media Channels hosted by LET'S GO BRANDON, LLC (“LGB”, the “Company”, “we”, “our”, or “us”) and any future affiliated companies and brands) (collectively, “Affiliates”). By contributing User-Generated Content to or otherwise participating in the Social Media Channels (defined below), you agree to abide by the terms and conditions of this Policy.
We may change or add to this Policy, so we encourage you to review it periodically and to check for updates when you participate in our Social Media Channels.
What are Social Media Channels?
“Social Media Channels” include all websites, online and mobile technologies, apps, services and tools which allow users to interact with each other by sharing endorsements, information, opinions and interests, including but not limited to blogs, micro-blogs, social bookmarking services, user rating services, podcasts, wikis, message boards, social networking websites such as Facebook and Twitter (including the LGB Facebook Page), Youtube, Flickr, Tumblr, Pinterest, Instagram, Vimeo, product review applications referenced on, connected to or associated with our website (www.charlotterusse.com), and any and all other online or mobile collaboration, sharing or publishing platforms, whether accessed through the web, a mobile device, text messaging, e-mail or any other existing or emerging communications platform, and including any and all digital medium communications in social environments.
This Policy applies to Social Media Channels that are hosted by LGB, such as the LGB blog, or externally hosted by third party providers, such as Facebook. For information on how we may collect and/or use your personal information, please see our Privacy Policy. Our Pages are in no way sponsored or endorsed by the Social Media Channels themselves. This Policy does not cover the privacy and security practices of any Social Media Channel. Please review each respective Social Media Channel’s privacy policy and terms of service if you have questions about such Social Media Channel’s terms of use and privacy or security practices.
Does this Policy Apply to You?
If you are a “fan,” “follower” of or otherwise voluntarily engage with Let's Go Brandon, LLC (LGB), (Company) or any of our Affiliates by emailing, posting, uploading or otherwise submitting photographs, graphics, videos, messages, comments or other material (collectively referred to herein as “Post(s)”) on any of LGB and/or our Affiliates’ Social Media Channels, or making any personal statement through a Post or otherwise in any media/medium which endorses our and/or our Affiliates’ products or services (“Endorsement”), this Policy applies to you. If you do not comply with this Policy at any time, we reserve the right to restrict your use of or access as LGBNJ.com and/or our Affiliates’ Social Media Channels at our sole discretion without prior notice, in addition to any other legal or contractual remedies that may be available. For the purpose of this Policy, anyone who engages in any manner with any of our and/or our Affiliates’ Social Media Channels is a “User”.
What is User-Generated Content?
“User-Generated Content” means any and all content generated by you through your participation in or contribution to Social Media Channels, including but not limited to Posts, blog posts, comments, status updates, “likes”, text messages, email posts, Twitter blasts, ”tweets”, “retweets”, images, audio recordings, video recordings, using or commenting with one of our promoted hashtags, tagging “LGB” “Lets Go Brandon” or one of our Affiliates, or any other information made available by you through a Social Media Channel.
This Policy applies to all User-Generated Content, regardless of whether the content is made available through externally or internally hosted Social Media Channels.
Rules of Conduct
LGB views Social Medial Channels positively, and encourages you to use Social Media Channels to review our products and services, discuss fashion and clothing ideas, trends and reviews and discuss issues, trends and topics related to the fashion industry, among other things. Social Media Channels are a key way in which people, and specifically members of the LGBcommunity, interact and share ideas with others. We love to see photos and video that you have created, showing you in your favorite LGB fashions and accessories.
LGB respects your freedom of self-expression and ownership of and responsibility for your User-Generated Content. When you participate in the Social Media Channels and/or post User-Generated Content, please be polite, kind and respectful to others. Please also be careful of what you post, and moderate your content. You are responsible for your User-Generated Content, and you may be sued by others if you post content that: (i) is known by you to be false, misleading or inaccurate; (ii) leads others to believe you are someone else or representing an organization that you do not represent; (iii) infringes any third party intellectual property or proprietary rights, or rights of publicity or privacy; (iv) violates any law, statute, ordinance or regulation; (v) is, or may be considered to be, vulgar, indecent, obscene, untrue, defamatory, libelous, hateful, biased or offensive, racist, threatening or harassing; (vi) includes personal information (without the individual’s permission) or plagiarized material; or (vii) contains malware, viruses or worms or other malicious code, or causes pop-ups.
We strongly encourage you NOT to disclose any of your personal information through the Social Media Channels.
When participating in the Social Media Channels and/or posting a Post or other User-Generated Content, please keep in mind the following:
• Personal Attacks: Personal attacks will not be tolerated. Do not disrespect, bully, insult or attack others. When challenging an opinion or view, please do so respectfully. Do not threaten, target or abuse others through your User-Generated Content.
• Discrimination: Discrimination or prejudice of any kind, whether based upon race, disability, color, religion, creed, sex, sexual orientation, national origin, age, or veteran status is prohibited.
• Libelous Statements: Libel is a statement or comment about a person or organization that cannot be proven to be true and may be considered damaging to their reputation, integrity and/or interests. Libelous statements are prohibited.
• Violence: Any User-Generated Content inciting or directly referring to violence, past violence or the threat of violence, including content that encourages others to be violent against other people or groups, is prohibited.
• Hatred: Constructive debate is allowed and encouraged, but comments or content intended to bully or incite hatred towards anyone, including any content promoting hatred or violence towards individuals or groups in a discriminatory manner as set forth above, is prohibited.
• Pornographic Material/Adult Content: Material that is pornographic in the sole discretion of LGB and/or references to it is prohibited. We do not allow content that in any way suggest, promotes, refers to or encourages sexual attraction towards or exploitation of children. In addition, please do not post images or videos containing nudity or sexual activity.
• Spam: Please do not post spam, such as garbled or nonsense sentences or duplication of words and numbers. In addition, please not use our Social Media Channels to drive traffic to your site or to move it up in search listings, post User-Generated Content through the Social Media Channels simply to promote your site or product, or use existing User-Generated Content from other sources for the primary purpose of generating revenue or other personal gain. You cannot use our Social Media Channels in connection with pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise). You cannot use our Social Media Channels to conduct a survey or a contest. Posting under multiple nicknames is not allowed.
• References to Upsetting/Distressing Subjects: Please do not use the Social Media Channels to refer to subjects (such as drug use, sexual acts, war, religion or political beliefs) in a manner that others may find to be upsetting or distressing, including content that is crude, vulgar, shocking or graphic.
• Criminal or Immoral Activity: Any mention of or reference to criminal or immoral activity, including drugs, prostitution, fraud, stalking, extortion, and terrorism, among others, is prohibited.
• Unauthorized Content: The content you submit to the Social Media Channels may not contain any trademarked or copyrighted material or material that is subject to other third-party proprietary rights, unless you have permission from the owner of such material or you are otherwise authorized to use the material and to grant LGB or our Affiliate, as relevant, all relevant licenses and permissions to use the materials as contemplated herein.
Though LGB may make exceptions at its sole discretion based on documentary, artistic, educational, scientific or other grounds, LGB reserves the right to immediately remove any User-Generated Content that offends any of the above prohibitions or any applicable law at its sole discretion and take any other action it deems appropriate in respect of such offending User-Generated Content, as more specifically set forth below. LGB makes no representation or warranty with respect to its efforts to monitoring of User-Generated Content and assumes no liability in respect of such content, as more specifically set out in our Disclaimer below. LGBdoes not guarantee the accuracy, non-offensiveness, reliability or completeness of such User-Generated Content.
Social Plug-Ins
LGB has installed social media plug-in protocols, such as Facebook’s “Like” button, which allow you to share your likes and interests in LGB products, services, and promotions with your friends and contacts. When you click on a social media plug-in protocol link, such as the Like button, a link to the Site may appear in the “Likes and Interests” section of your Facebook or other social media website profile. Your friends and contacts will be able to see the link and be led back to the Site if they share your likes and interests or if they are interested in learning more about our products, services, and promotions. We may also contact you, and those of your friends and contacts who chose to become members of LGB’s social media website webpages, with news about LGB so you and your friends and contacts can learn about LGB’s products, services and promotions. You understand that information about your likes and interests may be shared with your friends and contacts and the broader social-media website community.
Blogs
LGB may offer blogs from time to time, in accordance with the terms and conditions of this Policy.
If you encounter one of our blogs that you believe violates this Policy, please report it to us by contacting us at: CS@LGBNJ.com
We will then review the blog for violations of the Policy. If the blog does not violate this Policy, we will not take any action. If we are of the view that a blog does violate this Policy, we may take any action in our sole discretion, including but not limited to one or more of the following actions, based on the severity of the violation:
• Delete the blog
• Disable the author’s access to his/her blog account
• Report the user to law enforcement
Your Representations and Warranties
By submitting Posts and/or User-Generated Content to the Social Media Channels, you represent and warrant that:
Your User-General Content is your original creation for which you own and/or control all rights;
you are the sole author and owner of the intellectual property rights in such content and such User-Generated Content does not contain any third-party trademarked or copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of such material or you are otherwise legally entitled to post the material and to grant LGB all relevant licenses and permissions to use the material as contemplated herein, and that your User-Generated Content does not violate any applicable laws or regulations, or infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; your User-Generated Content does not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use; all “moral rights” that you may have in such content have been voluntarily waived by you in favor of LGB and its Affiliates; all such User-Generated Content is accurate; you are not misrepresenting your identity in any way; you are at least 13 years old; if you are under the age of consent that you have your parent or guardian’s permission to interact with our Social Media Channels; you have obtained the express permission of each identifiable person appearing in your User-Generated Content to be included and displayed in the User-Generated Content as provided herein; public use of the User-Generated Content does not violate the terms and conditions of this Policy; none of your User-Generated Content, whether to your knowledge or otherwise, contains any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity; and you have the full power and authority to grant the rights contemplated herein.
Endorsements
LGB and our Affiliates are committed to complying with all applicable laws and regulations requiring clear and accurate advertising messages, endorsements and testimonials when communicating with the public, including the disclosure of all material connections between a marketing promotion using any page or Social Media Channel and a User’s participation in that promotion (“Endorsement”). This Policy is intended to provide guidelines essential to ensuring compliance with those laws and regulations. Therefore, this Policy applies to all LGB and our Affiliates’ employees, independent contractors, agents (including anyone speaking, writing, blogging, posting on any Social Media Channel, or otherwise generally endorsing LGB or our Affiliates’ products or services), and any other individual or entity engaged in promotional endorsement activities on behalf of LGB or our Affiliates, whether they are engaged by LGB or our Affiliates directly or through an agency, representative of an agency, subsidiary or franchise (collectively referred to herein as “Endorsers”). This Policy applies irrespective of the forum in which the Endorsement or testimonial is being made, written or verbal, including, but not limited to, television commercials, print advertisements, websites, blogs, mobile applications, Social Media Channels in general or any other form of media which may be used to advertise.
Endorsers are responsible for their opinions, comments and content made in Posts or other User-Generated Content and may be held personally liable for any commentary deemed to be defamatory, libelous, obscene, or an infringement on the proprietary rights of LGB, our Affiliates, or any third party; therefore Endorsers should be mindful of this potential liability when disseminating opinions, comments and content through Posts or other User-Generated Content. In addition, Endorsers should at all times be aware that Posts or User-Generated Content may remain public or may be archived so that such Posts or User-Generated Content may be stored and retrievable, indefinitely.
With respect to statements or other claims made in advertising messages or promotional communications about LGB, our Affiliates’ and/or our products or services, Endorsers must adhere to the following general standards and disclosure requirements:
General Standards
Endorsers may only make statements that reflect their honest opinions, finding, beliefs or experiences. Endorsers may not make statements about experiences with a product not personally used, examined or evaluated.
Endorsements by organizations must reflect the collective judgment of the organization.
Endorsers may not make deceptive, misleading or untruthful claims about LGB, our Affiliates or our products or services.
Endorsers may not make any claims about our products or services or the services or products of our Affiliates that are not substantiated.
Endorsers may not engage in any communication that is defamatory or infringes upon the intellectual property or privacy and publicity rights of others.
Endorsers may not use any intellectual property of LGB or our Affiliates in their Endorsement without the prior written consent of LGB or our Affiliates at issue in each instance, and such use must be in accordance with the specific guidelines provided by us.
Endorsers may not make any comments, Posts or User-Generated Content that in any way promotes unsafe or dangerous activities.
Endorsers may not make any comments, Posts or User-Generated Content that violate local, state, provincial or federal law.
Endorsers that are also employees of LGB or any one of our Affiliates must adhere to all employee guidelines found in the employee handbook.
Endorsers may have access to or directly or indirectly be exposed to information of a proprietary and confidential nature about LGB or its Affiliates (including without limitation its business operations and activities, strategic plans and financial information). Endorsers shall keep confidential and not disclose any such information.
To the extent applicable and/or required pursuant to applicable laws and regulations, Endorsers must clearly disclose, in each post, that they were paid or otherwise compensated to feature the product or brand. This is more particularly described under the section ‘Disclosure Requirements’ directly below.
Disclosure Requirements
Endorsers must clearly and conspicuously disclose any “material connections” to LGB or Affiliates in all advertising, promotional and Endorsement related communications concerning LGB, our Affiliates and/or our products or services.
- A “material connection” is a connection that is not reasonably expected by the audience or not readily apparent from the context of the communication that may affect the weight or credibility a reasonable consumer would give to the communications or messages made by the Endorser.
- Such connections may be found in the form of:
o Receiving consideration (i.e. monetary compensation, including fees or commissions; gift cards; event access; prizes; free or discounted products or services) provided by LGB or an Affiliate (or any of its agents acting on its behalf) to the Endorser;
o A relationship between LGB or an Affiliate and the Endorser (such as employment or contractual relationships); or
o Potential consideration gained through a promotion, contest, or sweepstakes for which participation is conditioned upon an Endorsement.
- Some examples of adequate material connection disclosures may be as follows:
o I received [product] from LGB as a gift;
o [Thanks to][Courtesy of] LGB , I was given [product];
o LGB sent me [product] to try;
o This post is a paid advertisement for LGB;
o I am an employee of LGB; or
o Tagging an Endorsement on any Social Media Channel with a clear and widely accepted hashtag that discloses the material connection of the Endorsement to LGB or a specific promotion or contest; possible acceptable examples may include #Ad, #LGBContest, #LGBPartner, #sponsored, etc.
- The above are only examples of disclosures which may be adequate. Variations of those examples may also be adequate depending on the context. The key is to disclose that there is a relationship between LGB and the Endorser which a reasonable consumer reading the Endorsement may not have realized (e.g. an employment relationship, a paid advertiser relationship, or related to a promotion or contest advertised by LGB).
- Disclosures need to be made in an upfront (particularly in the case of videos), clear and conspicuous manner. This generally means the disclosure should occur in close proximity to where the Endorsement was made and in a similar size, font and color. Additionally, disclosures should be made in the language of the Endorsement, should be written in unambiguous language, and should be specific about the brand, product and what was provided.
- Endorsers who post their own opinions, comments, content or recommendations about LGB, any of its Affiliates, and/or its products or services, must disclose that their views do not necessarily represent those of LGB.
Intellectual Property
Except where prohibited by law, your making available the User-Generated Content or otherwise contributing to or participating in the Social Media Channels, including the voluntary posting by you of photographs, videos, comments, or other material on any of the Social Media Channels constitutes your consent and grant to LGB and its Affiliates of a non-exclusive, royalty-free, worldwide, unrestricted, irrevocable and unlimited right and permission, but not the obligation, to: (1) use, copy, utilize, perform, republic, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, reproduce, prepare derivative works of (or incorporate into other works), and otherwise exploit the User-Generated Content in any and all manner and media throughout the world and in perpetuity for promotional purposes and other uses deemed by LGB in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives; (2) use your name, image, likeness, and username/ handle in connection with, or to reference the fact of your Post to the extent you include such information in your Post . You understand that any such media may be edited in the sole discretion of LGB. You understand and agree that you will not have any right to inspect or approve of our use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated by us for the use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post.
The rights to our information may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than us. Additionally, certain content displayed and contained within our Social Media Channels is the original authorship of us and is owned exclusively by us. By being a User of or Posting on any of our or our Affiliates’ Social Media Channels, 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 any of the content found, whether owned by us, our Affiliates, or a third party, other than as provided herein.
The information and content displayed and contained within the Social Media Channels (other than the User-Generated Content) is protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by LGB, its Affiliates or third parties who provide such Social Media Channels. By participating in and contributing to the Social Media Channels, you agree that you shall not adapt, distribute, store in a retrieval system, modify, convert, publish, transmit, display, copy, reproduce, participate in the transfer or sale, create derivative works, or in any way exploit any of the content contained within the Social Media Channels, whether owned by LGB or a third party.
You may request removal of any of your User-Generated Content by sending a removal request email to CS@LGBNJ.com. Your email must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted. Neither we nor any of our Affiliates is required to remove any User-Generated Content.
Let's Go Brandon, LLC (LGB) and its brands, trademarks and design marks (collectively, the “LGB Marks”), are trademarks or registered trademarks of Let's Go Brandon, LLC (Sales) and/or its Affiliates, and the property thereof. All other product, brand and company names and logos used, displayed or referenced within the Social Media Channels may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks, including the LGB Marks, appearing in the Social Media Channels without the express written consent of the owner of the trademark is strictly prohibited.
Copyright
We respect the intellectual property rights of others and expect our Users to do the same. If you believe that your copyrighted work has been copied in any way that constitutes infringement you may notify us at cs@lgbnj.com. Please make sure to include the following information with your request or we will be unable to respond to it:
identification of the material that is claimed to be infringing and information reasonably sufficient to permit us or our Affiliates to locate the material including a link to or URL for the material;
identification of the copyrighted work or a representative list of the works claimed to have been infringed;
an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
your name, address, telephone number, and email address, so that we may contact you if necessary;
a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Indemnity, Liability and Disclaimer
You agree to indemnify and hold LGB (including its officers, directors, agents, Affiliates, employees, representatives and third party service providers) harmless from any and all claims, demands, losses, liabilities and damages (actual and consequential) of any kind or nature, known and unknown, including reasonable legal fees (collectively, “Claims”), arising out of or in connection with a breach of your representations and warranties set forth herein, or your violation of any law or the rights of any third party arising from your participation in or contribution of User-Generated Content to any Social Media Channels.
EXCEPT WHERE PROHIBITED BY LAW, THE INFORMATION ON THE SOCIAL MEDIA CHANNELS IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. LGB SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE CONTENT OF THE SOCIAL MEDIA CHANNELS (INCLUDING ANY INFORMATION, IMAGES, PHOTOS, VIDEO, MATERIAL OR DOWNLOADABLE CONTENT ACCESSED FROM OR THROUGH THE SOCIAL MEDIA CHANNELS) WILL BE ACCURATE, UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, THAT VIRUSES OR ERRORS WILL BE CORRECTED, OR THAT THE SOCIAL MEDIA CHANNELS OR SERVER UPON WHICH THEY RESIDE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOUR USE OF THE SOCIAL MEDIA CHANNELS IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL LGB, ITS AFFILIATES OR BRANDS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE SOCIAL MEDIA CHANNELS; THE MATERIALS OR CONTENT ON THE SOCIAL MEDIA CHANNELS, INCLUDING THE USER-GENERATED CONTENT, STATEMENTS OR CONDUCT OF ANY THIRD PARTY; A DELAY OR INABILITY TO USE THE SOCIAL MEDIA CHANNELS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER-GENERATED CONTENT OR OTHERWISE ARISING IN CONNECTION WITH THE SOCIAL MEDIA CHANNELS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
If for any reason the Social Media Channels hosted by us are not operating as intended, as a result of infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Social Media Channels, we reserve the right, at our sole discretion, to cancel, terminate, modify or suspend any such Social Media Channels or any user’s access to same. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User-Generated Content.
Any attempt by any person to deliberately undermine the legitimate operation of our Social Media Channels may be a violation of criminal and civil law, and, should such an attempt be made, we reserve the right to seek damages from any such person in respect of any such civil law violations to the fullest extent permitted by law. Our failure to enforce any term of this Policy shall not constitute a waiver of this provision.
Termination of Relationship
LGB reserves the right to terminate its online relationship with you, should you fail to comply with this Policy or if you are interfering or tampering with the Social Media Channels. LGB may also suspend your online account with us (if applicable) or restrict your use of or access to our internally hosted Social Media Channels, or request the same from externally hosted Social Media Channels, all without prior notice to you.
Externally Hosted Social Media Channels
Social Media Channels that are externally hosted or operated by third parties may have separate terms of use and policies governing your User-Generated Content. We have no control over these Social Media Channels, the use of your User-Generated Content or your personal information, and are not responsible for the conduct or omissions of these Social Media Channels hosted or operated by third parties. Please make sure you review any such terms and policies when you supply content to or participate in such Social Media Channels. In addition, our internally hosted Social Media Channels may include content (including through social media platforms or applications) that is streamed by our Social Media Channels but hosted or made available by third parties, such as Youtube. LGB is not responsible for ANY DAMAGES ARISING FROM AND EXPRESSLY DISCLAIMS ANY LIABILITY ASSOCIATED WITH YOUR PARTICIPATION IN SUCH EXTERNALLY HOSTED SOCIAL MEDIA CHANNELS OR YOUR MAKING AVAILABLE USER-GENERATED CONTENT THROUGH SUCH SOCIAL MEDIA CHANNELS.
Other LGB Policies
Please also visit the following associated policies for further information:
Privacy Policy: here.
Website Terms and Conditions of Use: here.
Media Contact
If you would like additional information or have questions about this Policy, please contact us at: CS@LGBNJ.com
