Shokz is glad to see your active participation in our activity("Activity”). This Terms and Conditions (the “Agreement”) is a binding agreement between you (“You”) and Shokz Global Limited.
IF YOU UPLOAD YOUR CONTENT (FOR EXAMPLE, BY CLICKING THE “AGREE” BUTTON) AND PERSONAL INFORMATION, WE MAY ASSUME THAT YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT UPLOAD YOUR CONTENT AND INFORMATION TO SHOKZ.
You should warrant that you own or have right to license to Shokz complying with the terms herein any words, pictures, images, data, video, information or any other user-generated content (the “User Generated Content” or “UGC”) that you upload, post, or share via Shokz’s website.
The terms of use located at https://uk.shokz.com/pages/shokz-privacy-policy (“Shokz Privacy Policy”) will also govern the relationship between you and Shokz.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:
UGC PROVISIONS：
License of UGC. Once You allow us to use Your User Generated Content by providing us with the consent, you irrevocably grant to the Licensed Parties the non-exclusive, assignable, sub-licensable, worldwide, perpetual, royalty-free, no-cost license and right to use and otherwise exploit your User Generated Content, in whole or in part, and all your social profile information, code, content, content descriptions, and other materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, including on the Internet, in any commercial manner, and in advertising and promotion of Shokz and its products and services, throughout the world and in any and all languages without the requirement to make payment to you or to any third party or the need to seek any third party permission.
The License of Name and Likeness. You also irrevocably grant the Licensed Parties the perpetual, royalty-free, and worldwide right to use their name, voice, likeness, image, photograph, biographical material, logos, marks or trade names, or other information provided or obtained (“Name and Likeness”), including without limitation, the right to publicly display, publicly perform, distribute, and reproduce the UGC, name, voice, likeness, social profile information and biographical material, in connection with the Services, the User Generated Content, in derivative works thereof, and in any advertising, publicity and exploitation material for purposes of advertising or promoting Shokz, its products and/or services.
No fees or obligations to return. You agree that no money will be owing to any party as a result of the posting of the UGC or its use as contemplated by the Services and this Agreement or for any use, distribution, or other exploitation of the UGC or any rights therein, whether as part of the Services or otherwise. You also agree that the Licensed Parties shall not be responsible for the return or preservation of UGC submitted or any elements thereof. This permission is given to the Licensed Parties with the knowledge that it will be relied thereon at substantial cost to the Licensed Parties, and you agree not to assert any claim against the Licensed Parties of any nature whatsoever arising by reason of its use of such UGC.
You will have the opportunity of winning awards as the result of your participation. However, the awards should not be regarded as consideration paid by Shokz for the UGC you’ve provided. To get more information about the awards, please refer to the Rewards for Your Voice and Reminder of the campaign page.
Representations, warranties, and indemnity. By providing your UGC to Shokz, you represent and warrant that you are at least the age of majority in your country of residence (which is eighteen (18) in most countries) and you have the right to execute and fully perform this Agreement.
No Prohibited UGC Content. By providing your UGC to Shokz, you represent and warrant that the UGC does not contain any Prohibited UGC content that:
- （a）is known by you to be false, inaccurate or misleading;
- （b）infringes any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
- （c）violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- （d） is, or may reasonably be considered to be abusive, illegal, defamatory, libelous, indecent, racially or religiously biased or offensive, slanderous, obscene, pornographic, sexually explicit, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation in any way.
- （e）is or contains advertising, promotional material or promotes a product, service or other commercial activity;
- （f） that impersonates or attempts to impersonate another user, or person or entity (including, without limitation, the use of email addresses associated with any of the foregoing);
- （g）that includes any information that references other websites or personally identifiable information (e.g., first and last name, addresses, email addresses, contact information);
- （h）that contains any computer viruses or other potentially damaging technologies, computer programs or files that could impact the operation of our Services or any computer or other device;
- （i）that contains any persons who have not consented or are unable to consent (whether due to being below the age of majority or otherwise incapable) to the Licensed Parties’ use of their Name and Likeness under clause above of this Agreement.
Indemnity. You agree to indemnify, hold harmless, and defend the Licensed Parties from any claim or liability related in any way to this Agreement, your use of the Services, the Licensed Parties’ use of your UGC, or relating to any breach of any representation, warranty or covenant made by yourself in this Agreement.
Liability. Under no circumstances will Shokz be liable in any way for any UGC, including, without limitation, for any errors or omissions in any UGC, or for any loss or damage of any kind incurred by USER as a result of the use of any UGC transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
