ENDORSEMENTS AND SOCIAL MEDIA ENGAGEMENT
Updated: January 2016
Except where prohibited by law, if you are a “fan,” “follower” of or otherwise voluntarily engage with GastonGaillard by emailing, posting, uploading or otherwise submitting photographs, graphics, videos, messages, comments or other material (collectively referred to herein as “Post(s)”) on any GastonGaillard page, profile, or feed (collectively referred to herein as “Page”) of any social media platform (“Platform”) (e.g. Facebook, Twitter, Instagram, Pinterest, SnapChat, YouTube, Wanelo, We Heart It, et al.), or making any personal statement through a Post or otherwise in any media/medium which endorses GastonGaillard products or services (“Endorsement”), you grant your full and unconditional agreement (or your parent or legal guardians’ full or unconditional agreement if you are under the age of majority in your jurisdiction) to this Policy. If you do not comply with this Policy at any time, GastonGaillard reserves the right to restrict your use of or access as to GastonGaillard’s Pages at its sole discretion without prior notice, in addition to any available remedies allowed by law or contract. For the purpose of this Policy, anyone who engages in any manner with any GastonGaillard Page is a “User”.
User Generated Content
USER GENERATED CONTENT
If you tag your Post with one of our promoted hashtags (e.g., #gastongaillard.com), you agree to the following:
You consent and grant to GastonGaillard the irrevocable, non-exclusive, transferable, sub-licensable, royalty free, worldwide right (but not the obligation), to (1) use, copy, perform, reproduce, edit, modify, display, broadcast, distribute, prepare derivative works of (or incorporate into other works), and otherwise exploit the Post (or any portion thereof) in any form, manner or media now or hereafter known including but not limited to posting or reposting the Post across GastonGaillard’s digital properties (e.g., on GastonGaillard’s branded websites and social media pages) and using the Post for commercial purposes including marketing, advertising, and publicity and (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 and agree that you will not have any right to inspect or approve GastonGaillard’s use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated for GastonGaillard’s use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post.
You represent and warrant that (1) your Post is your original creation for which you own and/or control all rights, (2) your Post does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate any other applicable laws or regulations, (3) your Post will not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use, (4) you have obtained the express permission of each identifiable person appearing in your Post to be included and displayed in the Post as provided herein, and (5) you have the full power and authority to grant the rights contemplated herein.
You understand and acknowledge that your Post may be open to public commentary that is not under the GastonGaillard’s direct control and does not necessarily reflect the views of GastonGaillard. While GastonGaillard may curate Posts, GastonGaillard is not responsible for their content or accuracy. You understand that you may be exposed to other Posts that you find offensive, indecent or otherwise objectionable. You understand and acknowledge that GastonGaillard shall not be liable for any loss or damage of any kind suffered by you in connection with Posts made available on GastonGaillard’s websites or social media pages. Posts may be removed by GastonGaillard at any time and for any reason.
You agree not to take any legal action against, and hereby irrevocably release and discharge, GastonGaillard, and its directors, officers, employees, agents, affiliates, franchisees, licensees, or any other person or entity acting on its behalf, from all claims in connection with the use or viewing of Posts as contemplated herein including but not limited to any claims based on trademark, copyright, right of publicity, defamation or invasion of privacy.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless GastonGaillard and its directors, officers, employees, agents, affiliates, franchisees, and licensees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your violation of any term of this Policy; (2) your violation of any third party right, including without limitation any trademark, copyright, property, or privacy right; or (3) any claim that your Post caused damage to a third party.
The rights to GastonGaillard’s information may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than GastonGaillard. Additionally, certain content displayed and contained within GastonGaillard’s Pages is the original authorship of GastonGaillard and is owned exclusively by GastonGaillard. By being a User of or Posting on any of GastonGaillard’s Pages, 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 GastonGaillard or a third party, other than as provided herein.
You may request removal of any of your User-Generated Content by sending a removal request email to email@example.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.
GastonGaillard respects the intellectual property rights of others and expects Users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement you may notify our designated copyright agent by mail at firstname.lastname@example.org. Please make sure to include the following information with your notification:
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit GastonGaillard 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.
GastonGaillard is 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 GastonGaillard marketing promotion using any Page and a User’s participation in that promotion. This Policy is intended to provide guidelines essential to ensuring compliance with those laws and regulations. Therefore, this Policy applies to all GastonGaillard’s employees, independent contractors, agents (including anyone speaking, writing, blogging, posting on any Platform, or otherwise generally endorsing GastonGaillard’s products or services), and any other individual or entity engaged in promotional endorsement activities on behalf of GastonGaillard, whether they are engaged by GastonGaillard 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, Platforms 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 and may be held personally liable for any commentary deemed to be defamatory, libelous, obscene, or an infringement on the proprietary rights of GastonGaillard or any third party; therefore Endorsers should be mindful of this potential liability when disseminating opinions, comments and content through Posts. In addition, Endorsers should at all times be aware that Posts may remain public or may be archived so that such Posts may be stored and retrievable, indefinitely.
With respect to statements or other claims made in advertising messages or promotional communications about GastonGaillard and/or its products or services, Endorsers must adhere to the following general standards and disclosure requirements:
1. 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 GastonGaillard’s products or services.
- Endorsers may not make any claims about GastonGaillard’s products or services 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 GastonGaillard in their Endorsement without the prior written consent of GastonGaillard in each instance, and such use must be in accordance with the specific guidelines provided by GastonGaillard.
- Endorsers may not make any comments or Posts that in any way promotes unsafe or dangerous activities.
- Endorsers may not make any comments or Posts that violate applicable local, state or federal laws or regulations.
- Endorsers that are also employees of GastonGaillard must adhere to all employee guidelines found in the employee handbook, specifically including the “Social Media & Networking” section.
- Endorsers may have access to or directly or indirectly be exposed to information of a proprietary and confidential nature about GastonGaillard (including without limitation its business operations and activities, strategic plans and financial information). Endorsers shall keep confidential and not disclose any such information.
2. Disclosure Requirements
- Endorsers must clearly and conspicuously disclose any “material connections” to GastonGaillard in all advertising, promotional and Endorsement related communications concerning GastonGaillard and/or its products or services.
- A “material connection” is one 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:
- Receiving consideration (i.e. monetary compensation, including fees or commissions; gift cards; event access; prizes; free or discounted products or services) provided by GastonGaillard (or any of its agents acting on its behalf) to the Endorser;
- A relationship between GastonGaillard and the Endorser (such as employment or contractual relationships); or
- 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:
I received [product] from GastonGaillard as a gift;
[Thanks to][Courtesy of] GastonGaillard, I was given [product];
GastonGaillard sent me [product] to try;
This post is a paid advertisement for GastonGaillard;
I am an employee of GastonGaillard; or
- Tagging an Endorsement on any Platform with a hashtag that discloses the material connection of the Endorsement to GastonGaillard or a specific promotion or contest; possible acceptable examples may include #Ad, #GastonGaillardSponsored, #GastonGaillardContest, 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 GastonGaillard 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 GastonGaillard).
Disclosures need to be made in a clear and conspicuous manner. This generally means the disclosure cannot be buried inside a hyperlink or at the very bottom of a long Post. Rather, disclosures generally should occur in close proximity to where the Endorsement was made and in a similar size, font and color.
Endorsers who post their own opinions, comments, content or recommendations about GastonGaillard, and/or its products or services, must disclose that their views do not necessarily represent those of GastonGaillard.
Failure to comply with the following Guidelines will cause a Post to be rejected and pulled from GastonGaillard’s Pages and may result in immediate disqualification from being a User of GastonGaillard’s Website and Social Media Pages:
- Personal Attacks: Disrespecting, insulting or personally attacking other Users or Posts will not be permitted. Behavior and comments that may result in others feeling threatened or specifically targeted or abused will not be permitted.
- Discrimination: Discrimination or prejudice based upon race, color, religion, creed, sex, sexual orientation, national origin, age, disability, veteran status, and any other status protected by law, will not be tolerated. Any prejudicial statements, behaviors, comments or remarks will cause the Post to be immediately disqualified and removed.
- Pornographic Material: Pornographic material and/or references to it are not permitted in Posts and Posts containing such will be removed.
- Violence: Any Post or statement inciting or directly referring to violence, past violence or the threat of violence is prohibited and will be removed.
- Hatred: Constructive debate is permitted, but hatred towards any User or specific categories of Users will not be tolerated.
Libelous Statements: Libel of any kind is not permitted. Libel is a statement or comment about a person or organization that cannot be proved to be true and may be considered damaging to their reputation and/or interests.
- SPAM: Any Post or statement that disrupts the normal flow of chat is not permitted. Examples: garbled or nonsense sentences, duplication of words and numbers. Users may not use the community in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Also, Posting under multiple nicknames is not allowed.
- Slang or References to Upsetting/Distressing Subjects: Slang referring to upsetting or distressing subjects, in GastonGaillard’s sole discretion, will not be permitted and will be immediately removed. Such references include drug use, sexual acts of an indecent nature (and anything considered to be explicitly sexual in nature), references to religion, political beliefs or anything deemed to distress Users or the parents or guardians of Users or anything deemed to be socially unacceptable.
- Criminal or Immoral Activity: Any mention of or reference to criminal or immoral activity will not be permitted, including drugs, prostitution, fraud, stalking, extortion and terrorism.
- Unauthorized Content: The content you submit to GastonGaillard Pages will 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 licensed to Post the material and to grant GastonGaillard all relevant licenses and permissions to use the material as contemplated herein.
Associates who violate any portion of this Policy will be disciplined, up to and including termination.
GastonGaillard reserves the right to change, alter, or modify this Policy at any time without prior notice.
If you do not fully agree to this Policy, then do not submit any Posts or Endorsements.