Policies/Engagement

Pinup Darling’s Engagement Policy (“Policy”)

 

If you are a “follower” of or otherwise willingly engage with Gadabout, Inc. DBA Pinup Darling (hereafter referred to as “Pinup Darling”) through any of our social media accounts, websites or any other method of property this Policy applies to you. If you do not agree and adhere to this Policy at any time, Pinup Darling reserves the right to restrict your use of and/or access to Pinup Darling’s Pages at its sole discretion without notice to you, in addition to any other legal or contractual remedies that may be available. For the purpose of this Policy, anyone who engages in any manner with any Pinup Darling Page is a “User”.

Pinup Darling’s Pages are not sponsored or endorsed by any social media Platform(s) themselves in any way. Pinup Darling’s Policy does not cover the privacy and security practices of any other Platform. Please review each Platform’s privacy policies and terms of service.

User Generated Content and Engagement with Pinup Darling

 

By uploading and/or submitting photographs, posts, emails, graphics, videos, messages, comments, personal statements and/or any other material or user generated content to us (collectively referred to hereafter as “post(s)”), or by tagging your Post(s) with one of our hashtags (i.e. #pinupdarling), on any of Pinup Darling’s social media pages, websites, emails, pages, profiles, and/or feeds (collectively referred hereafter as “platforms”) you agree to the following:

You consent and grant to Pinup Darling 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 Pinup Darling’s digital properties (e.g., on Pinup Darling’s website and social media pages) and using the Post for commercial purposes including marketing,  publicity and advertising 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 agree and understand that you will not have any right to approve or examine Pinup Darling’s use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated for Pinup Darling’s use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post.

You understand and acknowledge that your Post may be open to public commentary that is not under the direct control of Pinup Darling and does not necessarily represent the views of Pinup Darling. While Pinup Darling may curate Posts, Pinup Darling does not warrant 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, pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services shall not be treated as the publisher or speaker of any information provided by another information content provider.  Posts may be removed by Pinup Darling at any time and for any reason.

You represent and warrant that  (1) your Post does not violate any laws or infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, (2) your Post is your original creation for which you own and/or control all rights, (3) 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, (4) your Post will not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use, and (5) you have the full rights, authority and power to grant the rights contemplated herein.

The rights to Pinup Darling’s information may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than Pinup Darling. Additionally, certain content displayed and contained within Pinup Darling’s Pages is the original authorship of Pinup Darling and is owned exclusively by Pinup Darling. By being a User of or Posting on any of Pinup Darling’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 Pinup Darling 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 customerservice@pinupdarling.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.

Pinup Darling respects the intellectual property rights of others and expects Users to do the same. If you believe that your copyrighted work has been violated in a way that constitutes copyright infringement you may notify Pinup Darling by mail at Pinup Darling 9213 Chillicothe Rd. Kirtland, OH 44094 ATTN: INTELLECTUAL PROPERTY or at customerservice@pinupdarling.com ATTN: INTELLECTUAL PROPERTY.

To ensure this matter is handled efficiently please include a link/URL to the alleged material that is infringed upon, identification of the intellectual property, and the signature of the person authorized to act on behalf of the owner of the intellectual property.

Requirements for Disclosure

 

Endorsers must clearly and conspicuously disclose any “material connections” to Pinup Darling in all advertising, promotional and Endorsement related communications concerning Pinup Darling 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. You must disclose in a clear manner that there is a relationship between Pinup Darling 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 Pinup Darling).

Pinup Darling 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.

 

 

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