Night Vision Device, Inc.’s User Generated Content Terms of Use
Night Vision Devices, Inc. (NVD) reaches out to social media partners to seek their permission to share their images on NVD’s Instagram and Facebook social media sites. You are reading this because NVD has requested your permission to use your social media content in this way.
Please reply to the original message request with “Approved” if you choose to allow NVD to use your social media content and agree to these Terms & Conditions.
NVD engages a limited number of service providers to facilitate the collection and transmission to the Instagram and Facebook of User Content, including photos, text, graphics, audio, video, location information, comments, and other materials from social media sites, for use by NVD in connection with its business, including NVD’s products features, marketing, promotional, advertising, and other consumer-related activities.
NVD reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, please review the Terms of Use each time you grant permission or authorization to feature your User Content.
USER CONTENT LICENSE
You hereby grant to NVD and its related agents, licensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, 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, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You grant 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, in connection with any use of your User Content.
You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ useof your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use this Site or otherwise provide the Licensed Parties with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the Licensed Parties behalf. By using the Site or otherwise providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer, and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations.
The Licensed Parties reserve the right to remove any User Content from NVD’s Instagram or Facebook sites.
These Terms of Use apply to NVD’s Instagram and Facebook sites and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on these Sites, you also will be subject to additional terms of use, agreements, guidelines or rules provided by NVD, including but not limited to those set forth on the NVD website at www.nvdevices.com, and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by NVD (the “NVD Terms”).
You certify that you are at least 18 years of age.
INTELLECTUAL PROPERTY RIGHTS
NVD’s Instagram and Facebook sites are protected by copyright, trademark and intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of NVD by authorizing use of your User Content, or otherwise using or accessing the Site. All rights and interest to inventions, information, technical data or drawings, copyrights rights, patent rights, trademark rights, know-how, trade secrets, related intellectual property, intangible and proprietary rights throughout the world, relating to the Products or disclosed to the Buyer in connection with any order or proposal, are the exclusive property of NVD. All tooling and methods used in the assembly and manufacture of NVD’s products shall be the sole and exclusive property of NVD unless explicitly stated otherwise.
You acknowledge that you will not (a) decompile, reverse engineer, disassemble, trace or otherwise analyze NVD’s products, their content, operation, or functionality; or (b) modify, adapt, or translate the NVD’s products, nor create derivative works based on NVD’s products.
MISCELLANEOUS
These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without NVD’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.
You agree that if NVD does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which NVD has the benefit of under any applicable law), this will not be taken to be a formal waiver of NVD’s rights and that those rights or remedies will still be available to NVD.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.