Social media platforms are public. If you respond to our brand’s questions/posts or otherwise post content on or via our official brand “presence” on social media platforms, we may use or republish your posted text, photo, video or other materials (collectively “content”) as outlined below. Examples of our official brand presence on social media platforms include the Jamaicans.com Facebook page, Pinterest page, Instagram and Twitter account.
By posting or making available any Content, or otherwise responding to or communicating with us on or via our official brand presence on social media platforms/sites and branded hashtags (including, without limitation Facebook, Twitter, Instagram, Tumblr, and Pinterest, collectively “Social Media Platforms”) you represent and warrant that you are eighteen (18) years of age or older and that you agree to the following terms and conditions:
You irrevocably grant us, and our parent company, affiliates, licensees and assigns, a royalty-free, perpetual, non-exclusive, unrestricted right and license throughout the universe to copy, reproduce, modify, edit, adapt, translate, create derivative works of, publish, post, distribute, publicly perform, sublicense, or otherwise provide to others, your Content in any and all media, formats and channels (now in existence or hereinafter developed) for any purpose, including advertising and commercial purposes.
In the spirit of “community” and because we love that you want to be recognized by our brands with what is commonly referred to as a “shout-out,” we will try to credit you as the author/source of the Content by referring to your Social Media Platform handle or identifier. (By posting, you agree that we may identify you as the author/source of the Content.) However, we might use any really good ideas, suggestions, developments, and/or other material offered to us via your posted Content without any attribution or compensation to you.
By sending us Content as yourself, you represent and warrant that the Content does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark, rights of publicity and privacy.
Important Note: If any third-party content is included in your posted Content you must obtain permission from the content owner and attribute/credit such content to the owner.
- You also agree that your use of the Community and Contributions will not:
- Be defamatory, unlawful, obscene, offensive, hateful, abusive, inflammatory, threatening, invasive of anyone’s privacy, or otherwise objectionable;
- Promote discrimination on grounds of race, sex, religion, nationality, disability, religion or belief, sexual orientation, being a transsexual person, or age;
- Infringe any intellectual property rights including copyright, design right, database right, patents, trade mark, moral or performer’s right or any other third party right;
- Be likely to harass upset, alarm or cause distress to any other person;
- Contain an instruction, advice, or content that could cause harm or injury to individuals or to computers or systems;
- Encourage anyone to commit any unlawful or criminal act or condone any unlawful or criminal act;
- Give the impression that the Contribution emanates from Jamaicans.com if this is not the case, or impersonate any person, or misrepresent your identity or affiliation with any person;
- Contain any advertising.
- You agree to hold Jamaicans.com (Owned by Simbis Inc.) (sometimes referred to herein as “us” or “our”) and our parent company, affiliates, agents and licensees (collectively, “Indemnitees”) harmless, and defend and indemnify the Indemnitees from any claim, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed which may arise out of or are in any way connected with your posted Content and/or your use of our official brand presence on Social Media Platforms.
The above best Practices prevent us from deleting and otherwise blocking you.
These terms shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to principles of conflict of laws. In no event will we be liable hereunder for extraordinary, consequential, indirect or punitive damages, including lost profits.