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#shapetheseason Terms & Conditions

THE FOLLOWING TERMS OF USE, LAST UPDATED DECEMBER 3, 2014, FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND SPANX, INC., LOCATED AT 3035 PEACHTREE ROAD, SUITE 200, ATLANTA, GA, USA AND ANY OF ITS PARENTS, AFFILIATES OR SUBSIDIARIES (“SPANX,” "US" OR "WE”). THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE WWW.SPANX.COM FAMILY OF WEBSITES OR ANY PORTION THEREOF THAT PERMITS YOU TO UPLOAD YOUR PHOTOGRAPHS AND/OR VIDEOS OF YOURSELF AND FEATURES CERTAIN USER-GENERATED PHOTOGRAPHS AND VIDEOS FROM FACEBOOK, INSTAGRAM, TWITTER, VINE, AND/OR OTHER SOCIAL MEDIA PLATFORMS (THE “SOCIAL MEDIA PLATFORMS”) THAT CONTAIN THE HASTHAG #SHAPETHESEASON AND OTHER HASHTAGS SPANX MAY DESIGNATE FROM TIME TO TIME, (COLLECTIVELY REFERRED TO AS THE "WEBSITE"). BEFORE YOU MAY USE OR ACCESS THE WEBSITE, YOU MUST READ AND ACCEPT ALL OF THE TERMS AND CONDITIONS IN, AND LINKED TO, THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY AVAILABLE AT http://www.spanx.com/our-privacy-policy.

BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ACKNOWLEDGE YOUR ACCEPTANCE OF THEM. SPANX RESERVES THE RIGHT TO CHANGE OR MODIFY THESE TERMS OF USE AT ANY TIME. BEFORE YOU USE THE WEBSITE, YOU SHOULD CHECK THE DATE OF THE TERMS OF USE (WHICH APPEARS ABOVE) AND REVIEW ANY CHANGES THAT HAVE BEEN MADE SINCE YOUR LAST VISIT TO THE WEBSITE. ANY CHANGES OR MODIFICATIONS WILL BECOME EFFECTIVE AT THE TIME THEY ARE POSTED TO THE WEBSITE. YOUR USE OF THE WEBSITE AFTER SUCH CHANGES OR MODIFICATIONS HAVE BEEN POSTED WILL CONSTITUTE YOUR AGREEMENT TO THE TERMS OF USE AS MODIFIED. YOU MAY USE THE WEBSITE AND MAKE SUBMISSIONS (AS DEFINED BELOW) TO THE WEBSITE ONLY IF YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE.

Overview

The Website allows you to upload your photographs and/or videos of yourself and features certain photographs and videos from Facebook, Instagram, Twitter, Vine, and/or other social media platforms (the “Social Media Platforms”) that contain a certain Spanx hashtag. If your content is selected by Spanx, it may be displayed on the Website for other users to see together with your name and associated profile information (such as your Social Media Platform username, ID, handle, and/or profile picture), if applicable. Spanx is under no obligation to feature or post any photographs or videos on the Website, but may do so at its sole discretion.

After you submit a Submission (as defined below), you will have the opportunity to share your participation on the Website through certain social media platforms. By clicking the link to a particular social media platform, you authorize Spanx to post to your social media platform timeline or similar stream of information in order to let your network of friends or followers know that you have submitted photograph(s) or video(s) to the Website. These posts may then be viewed by others in accordance with your user settings for that particular social media platform.

Rights

The content of this Website includes copyrighted materials, trademarks, and other proprietary information, which may include, without limitation, text, software, photos, video, audio visual recordings, graphics, music, and sound. The selection, coordination, arrangement, and enhancement of such content, as well as any content original to Spanx, are protected by copyright. All trademarks, service marks, logos, text, copyrightable subject matter, images, graphics, designs, and products appearing on the Website belong to Spanx or the party that authorized such use by Spanx.

All rights are reserved. Use of any Spanx trademarks, service marks, or names appearing on the Website as metatags on other websites is prohibited.

You agree not to publish, copy, sell, transfer, transmit, download except for personal viewing, create derivative works from, or in any way exploit, any of the content on the Website, nor will you attempt to do so. You agree not to copy, redistribute, republish, or otherwise exploit material which you download from the Website without the express prior written permission of Spanx. You further agree and acknowledge that you will not acquire any ownership rights in any material downloaded from the Website.

Content

Except as otherwise provided herein, content on the Website is proprietary information that belongs to Spanx or the party that provided the information to us. Spanx or such other parties retain all rights, title, and interest in that material and content. You may not copy, redistribute, republish, or otherwise exploit this content without the express prior written permission of Spanx.

Submissions

Any ideas, content of any kind (including, without limitation, text, software, photographs, videos, audio visual recordings, graphics, music, and sound), or other information you provide to us via the Website or by using a designated Spanx hashtag in a post on a Social Media Platform (collectively, "Submission") will be treated as non-proprietary and non-confidential. By transmitting or posting a Submission, you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission, as well as your name, Social Media Platform username, ID, handle, and/or profile picture, image, likeness, comments, posts, statements or other information, in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing, and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to use such third parties' names, images or likenesses and any other third-party elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of a Submission.

You agree, at your expense, to indemnify us, the Social Media Platforms, and any of our or their respective parents, affiliates, licensees, licensors, and each of their respective officers, directors, employees, successors, agents and assigns, for any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorney’s fees and expenses) incurred in connection with a claim arising from or relating to (a) your use of and access to the Website; (b) the use of any Submission, including, without limitation, a claim arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Social Media Platform username, ID, handle, and/or profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (c) any breach or alleged breach by you of any of these Terms of Use or applicable laws. You acknowledge that Spanx is not responsible for, and has no liability for, any use of all or any part of a Submission by any third party.

You may not use the Website for commercial purposes, including the promotion or advertisement of any goods, services, or opportunities, and you may not use the Website to solicit visitors to or users of the Website to visit or become members of, subscribe to, or register with any commercial online service or other organization. In addition, you may not use the Website to upload, post, email, or otherwise transmit any materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, violent, politically-sensitive, vulgar, obscene, libelous, invasive of another's privacy, or infringing on third-party property rights, hateful, or racially, ethnically, or otherwise objectionable (in our sole discretion); to "stalk" or otherwise harass another user of this Website and/or Spanx or Social Media Platform employee; and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.

When you make a Submission through the Website or by using a designated Spanx hashtag in a post on a Social Media Platform, you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by Spanx without restriction. You represent and warrant that your provision of Submissions through the Website complies with all applicable laws, rules and regulations, the respective Social Media Platform’s Terms of Use, and any third-party agreements to which you are subject. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission made through the Website that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.

Spanx reserves the right, at its sole discretion, to edit a Submission and to choose to include or not include a Submission in the Website. The Website may include the opinions, statements and other content of third parties. Spanx 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 Spanx, including its licensors and/or other third-party providers, and Spanx does not endorse any such opinions, statements, or materials. Spanx may remove objectionable statements or other content from the Website at any time if it deems removal to be warranted. Please understand that the removal or editing of any Submission or other materials on the Website may not occur immediately.

You acknowledge and agree that Spanx 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 information voluntarily made public through the Website. In the event you have a dispute with one or more users of the Website, you irrevocably release Spanx, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION AND OR CONTENT PUBLICLY AVAILABLE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.

DMCA Policy

Spanx respects the intellectual property rights of others. Spanx, at its discretion and when appropriate, may terminate the accounts of users who may infringe the copyrights of third parties.

To submit a copyright infringement notification to Spanx, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

By Email: DMCA@spanx.com

By Mail:

DMCA Designated Agent
Attn: Legal Department
Spanx, Inc.
3035 Peachtree Road NE, Suite 200
Atlanta, GA 30305
United States

Disclaimer

You understand that Spanx cannot and does not promise, guarantee or warrant that files you download through the Internet will be free from viruses, worms, Trojan horses or other code that may be destructive. You are responsible for implementing sufficient safeguards for yourself. Spanx does not assume any responsibility for your use of the Internet.

USE OF THE WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. SPANX DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SPANX DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. SPANX DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING ANY USE OF THE CONTENT OR ACCURACY. SPANX MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE WEBSITE OR ITS CONTENT. SPANX MAKES NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. SPANX ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.

All of the information on the Website is current only as of the date it is posted.

Limitation of Liability

SPANX SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, NOR FOR ANY LOSS OF REVENUE, PROFIT, BUSINESS, DATA, GOODWILL, OR ANTICIPATED SAVINGS SUFFERED BY ANY PERSON AS A RESULT OF RELIANCE ON A STATEMENT OR OMISSION ON, OR THE USE OF, THIS WEBSITE. SPANX'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS UNDER ALL CIRCUMSTANCES SHALL NOT EXCEED TEN DOLLARS ($10.00 USD). NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT SPANX'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY SPANX’S GROSS NEGLIGENCE; (B) SPANX’S FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Spanx may have hyper-links on the Website to other sites that we think you might find interesting. Such other sites are not under our control and therefore we have not reviewed them and we are not responsible for their content. You click through at your own risk, and Spanx makes no representation or warranties about the content, completeness or accuracy of the sites hyper-linked to the Website. A hyper-link to a site does not imply Spanx's endorsement or approval of its content or source.

Governing Law; Exclusive Jurisdiction

These Terms of Use will be governed and interpreted pursuant to the laws of Georgia, notwithstanding any conflicts of law. You specifically consent to personal jurisdiction in Georgia in connection with any dispute between you and Spanx. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of or relating to these Terms of Use will be in the federal or state courts located in Atlanta, Georgia. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.

To obtain further information you must contact Spanx by mail at the following address: Spanx, Inc., Attn: Attn: Legal Department, 3035 Peachtree Road, Suite 200, Atlanta, GA 30305, United States.

Miscellaneous

These Terms of Use are effective upon acceptance, supersede all prior agreements relating to the Website, and constitute the entire agreement between the parties with respect to the subject matter hereof. If and to the extent that any court or tribunal of competent jurisdiction holds any part of these Terms of Use, or the application thereof to any circumstances, to be invalid or unenforceable in a final nonappealable order, the parties will use reasonable efforts to reform the part so designated in order to realize the intent of both parties as fully as practicable, and the remainder of these Terms of Use and the application of the invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable will not be affected thereby, and each of the remaining terms and provisions of these Terms of Use will remain valid and enforceable to the fullest extent of the law.

Spanx shall not be in default if the Website is rendered unusable by forces of nature, war, acts of terrorism, civil commotion, governmental action, fire, storm, flood, explosion, strikes, walkouts, Internet or telecommunications failures, other industrial disturbances, or any other cause beyond Spanx's reasonable control. Spanx may revise or modify products, product information or pricing without notice. Spanx is not responsible for typographical errors or inaccuracies and information that may not be complete or current. Any rights not expressly granted herein are reserved.