Beretta U.S.A. Corp. Content Submission, Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE SUBMITTING CONTENT, INCLUDING AGREEING FOR BERETTA USA TO USE YOUR OWNED CONTENT. If you do not agree to these Terms, please do not submit your content or reply with the hashtag (#) #YesBeretta on third party platforms. By submitting content, you signify your agreement to these Terms and Conditions (“Terms”) and other applicable law. YOU MUST BE AT LEAST 18 YEARS OF AGE TO SUBMIT CONTENT TO BERETTA USA AND A RESIDENT OF THE UNITED STATES OF AMERICA
Submission of Content
Submitting your content includes providing BERETTA USA with your content, such as product reviews, comments, suggestions, ideas, or photographs, through such methods as downloading content directly to www.BerettaUSA.com or www.Beretta.com/en-us/ (the "Website") or through any other method of transmission or agreeing that BERETTA USA may use your content through providing agreement directly on any social media site ("User-generated Content" or "Content"). You may submit your Content so long as you own the Content and none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." BERETTA USA reserves the right (but not the obligation) to remove or edit any such content but may not regularly review posted content.
All Content and all other information, content, or materials that you post on the Website, on BERETTA USA's social media channels, that you send to BERETTA USA, or that you agree BERETTA USA can use directly from your own social media accounts, is collectively referred to as "User-Generated Content." Do not post, send to BERETTA USA, or agree for BERETTA USA to use, any User-Generated Content that you do not intend to be subject to the User-Generated Content License described in this paragraph. If you post on the Website, on social media, send to BERETTA USA, or agree for BERETTA USA to use, any User-Generated Content, intentionally or unintentionally, BERETTA USA (and others as BERETTA USA may designate from time to time) shall have the unrestricted rights to the use the Content for any and all purposes whatsoever, including, without limitation, advertising, marketing, and promotional purposes, without any further permission from, or any payment to, you or anyone else. BERETTA USA and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to BERETTA USA a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, publish, display, distribute, copy, store, edit, modify, create derivative works based upon and otherwise use your User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised, including but not limited to BERETTA USA catalogs, websites, email, social media channels, advertising media, event media and advertising, and in other marketing opportunities for any and all purposes without further notice to you and with or without attribution (the "User-Generated Content License"). You understand and agree that BERETTA USA cannot be responsible for the content posted on its Social Media Channels by users and that your use of third party of social platforms is at your own risk. You agree to the User-Generated Content License whether or not your User-Generated Content is used by BERETTA USA.
You agree that no confidential or fiduciary relationship is intended or created between you and BERETTA USA. To the extent that any so-called "moral rights," "neighboring rights," or similar or analogous rights apply to any User-Generated Content and are not exclusively owned by BERETTA USA Corp., you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that you provide BERETTA USA with User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.
You shall indemnify, defend, and hold harmless BERETTA USA, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of, resulting from, or related to any violation of these Terms of Conditions by you or any other person providing Content.
Your Content must be your original idea. Any Content MUST NOT copy or otherwise plagiarize from any source or have previously been published commercially or submitted in or won any sweepstakes or contest.
Your Content must not include third parties, including but not limited to minors, celebrities, and friends or their property, who have not expressly authorized you to display their image or likeness. If the Content contains an identifiable person other than the entrant who submitted the Content, by submitting the Content, the entrant represents and warrants that he/she has obtained the consent of such person(s) to the use of the Content as outlined in these Terms and Conditions.
Your Content must not contain material that violates or infringes any third party's intellectual property, privacy, or publicity rights. Without limiting the foregoing, Content submissions must not include third-party trademarks, logos, except those of BERETTA USA.
Your Content must not include mention or performance of any copyrighted media production including but not limited to books, articles, photographs, artwork, music, etc., or identifying descriptions of any media property.
Your Content must contain lawful and appropriate disclosures if you have any material connection with BERETTA USA or any other third party (such as if you receive payment or free product from the third party.)
Your Content must not contain material which is (or promote activities which are) in BERETTA USA's sole discretion, hateful, slanderous, libelous, sexually explicit, obscene, pornographic, inappropriate, violent, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the entry is created in their application.