PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
1. Who are we? What's this Site for?
2. What if I am asked to register and open an account?
3. What personal data relating to me are processed by TIMBERLAND?
4. What if I upload content or comments generated by me?
The Site includes sections which enable users to upload user-generated content ("UGC"), for example you could be enabled to upload photographs or to post comments. In relation to such UGC, TIMBERLAND is a mere hosting provider and does not assume any responsibility or liability on the content itself.
You must not provide any UGC which is illegal, obscene, indecent, libellous, which fosters racial, ethnic, sexual discrimination or hatred or which infringes any third-party intellectual property or personal data protection rights. You must not provide any UGC which contains any data, including pictures, of minors. TIMBERLAND reserves the right to remove from the Site any UGC which, at its sole discretion, do not meet the above requirements. In case such UGC are removed from the Site, the Account of the relevant uploader may be suspended or terminated.
5. #TIMBERLAND terms. What does this hashtag mean? To what am I giving consent?
If you were directed here, it is because TIMBERLAND liked a photo or other content you posted online ("UGC") with a TIMBERLAND-related hashtag (i.e. a hashtag containing the name TIMBERLAND or another name or trademark belonging to TIMBERLAND) and would like to feature it on TIMBERLAND's websites and/or social media pages. To do so, TIMBERLAND needs your consent to the use of your image and of the personal data that may be contained in it.
If you give us your consent, your UGC might be visible to other TIMBERLAND enthusiasts and supporters all around the world. A great opportunity for you to share your style with the world on TIMBERLAND's websites!
If you respond to our message with "#YESTIMBERLAND" you grant TIMBERLAND the unlimited, non-exclusive, assignable, sublicenseable, perpetual, worldwide right to use your relevant UGC. TIMBERLAND will be entitled (but not obliged) to use your UGC in any way and for any purposes, including to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. These usages include featuring your UGC on TIMBERLAND's websites, online shops and official social media pages, as well as during events or campaigns. Please do not give us your consent to use of UGC that you do not want to become subject to these #TIMBERLAND Terms.
By responding "#YESTIMBERLAND" you also warrant that (a) you are at least eighteen years old; (b) you own all rights in and to your photos; (c) in case your UGC includes elements belonging to a third-party (for example a photo portraying a friend of yours), that you have obtained all the necessary consents by the relevant third-party (including for example copyright license and/or consent from a personal data law perspective); (d) so, that TIMBERLAND’ use of your UGC does not infringe the rights of any third party or violate any law, and that you agree to be bound by these #TIMBERLAND Terms.
Finally, by responding "#YESTIMBERLAND" you agree to indemnify and hold TIMBERLAND and any person acting on TIMBERLAND’ behalf harmless from and against any claims, damages, liabilities, costs incurred by TIMBERLAND in connection with the regular use of the UGC as described above.
Depending on what is included in your UGC, and also on the country where you are, your social network account name and your relevant UGC may contain personal data that TIMBERLAND may access and process in relation to the use of your UGC.
If you do not agree with our practices and policy regarding processing of personal data and, please do not reply with "#YESTIMBERLAND" to our message under your relevant UGC.
By responding to the message from our TIMBERLAND account with "#YESTIMBERLAND" you give TIMBERLAND your express and specific consent to the use of the above described personal data for commercial and marketing purposes.
If you want to be kept informed regarding TIMBERLAND's products and initiatives, we are happy to invite you to subscribe to TIMBERLAND's newsletter here.
You can revoke at any time, free of charge, your granting of usage rights and privacy consent in one of the following ways:
- by sending TIMBERLAND an email as indicated in our Contact Us page;
- by removing the UGC from the relevant website/social network or cancelling the TIMBERLAND-related hashtags associated to it;
- by clicking on the REPORT button that you will find on TIMBERLAND's website or social media page where your UGC is being featured;
- by activating the opt-out tool available at olapic.com/trust;
- as regards Instagram, by setting your Instagram profile to private, or setting the specific photo at issue to private.
To the maximum extent permitted by applicable law, TIMBERLAND will in no event be liable for (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv) loss of income, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to the use of your UGC as described above, whether based on tort, contract or any other legal theory, even if TIMBERLAND had been advised of the possibility of such damages to occur.
6. Who owns the content and materials in this Site?
The information on this Site, along with any materials incorporated herein is the copyrighted work of TIMBERLAND. ALL RIGHTS ARE RESERVED. Single pages or materials may contain different proprietary notices.
All registered names and trademarks in this Site are registered trademarks of TBL Licensing LLC or its affiliated entities. Except as expressly granted in this section (or to you specifically in writing), neither TBL Licensing LLC nor its affiliate TIMBERLAND, or any its suppliers grant any express or implied right to anyone for any patents, copyrights, trademarks or trade secret information. ALL RIGHTS ARE RESERVED.
By submitting any UGC to the Site, you warrant you are entitled to do so and to have obtained, where necessary, all due consents by the relevant third-parties (for example intellectual property right-holders or personal data subjects). Such content shall be deemed non-confidential and non-proprietary. In relation to the UGC provided by you, you grant TIMBERLAND an unlimited, exclusive, worldwide, sub-licensable, free of charge license to use such UGC in any way and for any purposes, including but not limited to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. TIMBERLAND thus invites you not to send us through the Site any content, item or information that you do not want to become subject to the above terms.
7. What is TIMBERLAND's liability for anything that may go wrong while I use this Site?
We work hard to make this Site interesting and user-friendly, but we cannot guarantee that our users will always find everything to their liking. Please read this disclaimer carefully before using our Site.
YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH IT, YOU DO SO AT YOUR OWN RISK.
THIS SITE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THIS SITE, THE TIMBERLAND LICENSING LLC, ITS AFFILIATE TIMBERLAND, ANY OF THE CONTRIBUTORS TO THIS SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ABSENCE OF DEFECTS THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO THEY GUARANTEE THAT THIS SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOR EXAMPLE, WE CANNOT GUARANTEE THAT THE APPEARANCE AND COLOURS OF OUR PRODUCTS DESCRIBED ON THE SITE, AS SHOWN ON YOUR MONITOR, WILL CORRESPOND TO THE ACTUAL APPEARANCE OF PRODUCTS AS AVAILABLE IN A PHYSICAL OR ONLINE STORE.
TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TIMBERLAND LICENSING LLC, ITS AFFILIATE TIMBERLAND, ANY OF THE CONTRIBUTORS TO THIS SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS, OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE INFORMATION CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, BUSINESS, SAVINGS, DATA AND THIRD PARTIES’ CLAIMS EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SITE MAY CONTAIN ELEMENTS OR LINKS TO WEBSITES MAINTAINED BY OTHER COMPANIES, INDIVIDUALS OR AGENCIES (FOR EXAMPLE THE SECTION OF THE SITE MAINTAINED BY OLAPIC, INC., SHOWING PICTURES OF TIMBERLAND PRODUCTS TAKEN BY SOCIAL MEDIA), WHICH ARE PROVIDED AS A CONVENIENCE TO TIMBERLAND USERS. THESE ELEMENTS OR LINKED WEBSITES ARE NOT UNDER THE CONTROL OF EITHER TIMBERLAND LICENSING LLC OR TIMBERLAND. AND ARE PROVIDED MERELY AS A CONVENIENCE. THE INCLUSION OF SUCH ELEMENTS OR LINKS DOES NOT IMPLY ANY ENDORSEMENT, AND NEITHER TIMBERLAND NOR TIMBERLAND LICENSING LLC PROVIDE ANY WARRANTY IN RELATION TO SUCH ITEMS, NOR ARE THEY RESPONSIBLE FOR THE ACCURACY OF INFORMATION ON SUCH ELEMENTS OR WEBSITES. NEITHER TIMBERLAND LICENSING LLC NOR TIMBERLAND MONITORS OR REVIEWS THE CONTENT OF SUCH THIRD PARTY WEBSITES AND THEREFORE ADVISES YOU THAT YOUR ACCESS BY LINK TO THIRD PARTY WEBSITES IS AT YOUR OWN RISK. ALL THE ASPECTS REGARDING SUCH ELEMENTS OR WEBSITES (INCLUDING RULES ON USE AND CONTENT) ARE GOVERNED BY THE RELEVANT THIRD PARTY TERMS AND CONDITIONS, WHICH WE INVITE YOU TO READ.
8. What is the applicable law? And the competent Court in case of disputes?
9. Submissions of user content
You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to Timberland or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ Website, for example Instagram, Twitter, Facebook, LinkedIn, Vine, Pinterest and Google+, that are associated with hashtags related to Timberland, including, for example, #timberland, #markmakers, #yellowboot, and #moderntrail. Such Submissions may be used on the Website and/or on other Timberland marketing media, including emails, social media, paid digital advertising, paid out-of-home advertising, Timberland.com, and store signage. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by Timberland to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). Timberland is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by Timberland without restriction. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
Timberland reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. Timberland is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of Timberland, including its licensors and/or vendors, and Timberland does not endorse any such opinions, statements, or materials.
You acknowledge and agree that Timberland has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
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