User Generated Content Policy

Welcome to the smuuv User generated Content (UGC) Policy. We’re glad that you are here and we value the engagement and contributions of our community members. To ensure a positive and safe environment for all users, we have established the following User Generated Content Policy:

1. You are reading this because smuuv seeks your permission to commercially use your social media content (photographs, text, account names, information, graphics, videos etc.) on our website, social media channels, blogs and e-newsletter.

2. We encourage users to engage in respectful and constructive discussions. Any content that is defamatory, discriminatory, harassing, threatening, or offensive in nature will not be tolerated.

3. Users are responsible for ensuring that any content they contribute is original and does not infringe upon the intellectual property rights of others. Plagiarism or unauthorized use of copyrighted material is strictly prohibited.

4. Users should provide accurate and truthful information in their contributions. Misleading or deceptive content, including false claims or misinformation, will be removed.

5. By submitting content on our social media accounts or by the use of approved smuuv hashtags, you affirm that you have read, understand and accept this policy.

6. You may submit your content in three ways: (i) by your use of approved smuuv hashtags when posting your content on your own channels, (ii) by tagging @smuuvbody in your content and/or (iii) by submitting your content through direct messages on any smuuv social media account.

7. By submitting your content or by using approved smuuv hashtags or if you respond “yes” to a request by us to re-use your content, you grant to smuuv and our parent (feat technologies),  affiliates and third party providers (collectively “smuuv”) as follows the non-exclusive, perpetual, irrevocable, royalty-free, worldwide right to commercially use the content on our social media channels, website, blogs and e-newsletter.

8. We will not edit your content, provided that we will place your content into one of the perfect frames we have previously scanned so your content is consistent with the rest of our page.

9. You will also grant the right to smuuv to use your (account/user) name, image, location or other identifying information in connection with your content.

10. You will retain the ownership and any possible intellectual property rights to the content, and you hereby release, discharge and agree to hold smuuv and any person acting on smuuv’ behalf harmless from any liability related in any way with the User Content.

11. smuuv reserves the right to moderate user-generated content to maintain a safe and positive environment. Content that violates this policy may be edited or removed without prior notice. TYFS can at its own discretion decide to delete content from its channels when it believes that the content is in breach of this policy.

12. You also represent that you are at least 18 years.

13. Any content submitted must meet the following requirements:

- The content must be your own original creation
- You own or have obtained all necessary rights to the content
- The content does not infringe any third-party rights, like trade-names, trademarks, copyrights or portray rights
- The content may not have a defamatory character
- The content may not portray or depict any person, product or company in a false light
- The content may not be objectionable (content that shows criminal behavior, violence, sexual abuse, sexual solicitation, adult nudity etc.)
- Any children depicted in the content must be yours and grant us express permission to use such content
- The content may not otherwise violate any laws

 14. You shall be solely liable for any damage resulting from the submitting of the content/use thereof by smuuv. You will indemnify smuuv from any damages incurred as a result of the use of the content.

15. Users must adhere to all applicable laws and regulations when posting content. Content that promotes illegal activities, violates intellectual property rights, or breaches any legal requirements will be removed. This policy will be governed by English law. The court in England and Wales will have exclusive jurisdiction of any dispute related to this policy. 

16. Users are encouraged to report any content that they believe violates this policy. Feedback and reports can be submitted through the designated channels provided on the website.

17. This policy may be updated by smuuv from time to time, upon which the amended terms shall become binding.

By engaging with smuuv and contributing user-generated content, users agree to abide by this policy. smuuv reserves the right to update this policy as needed to reflect changes in our community guidelines and standards.

Thank you for being a part of the smuuv community and for helping us maintain a positive and welcoming environment for all users.

 

UGC Terms & Conditions

SMUUV LLC  – USER GENERATED CONTENT TERMS AND CONDITIONS 

 

1. Introduction

Smuuv, with registered office at -----, registered with the commercial register under enterprise number ---- (“Smuuv”) has contacted the content creator (the “Content Creator”) with the aim to make use of certain photographs and/or video’s generated by them in relation to Smuuv’s products and/or services, and as identified by Smuuv in writing (the “Content”), for the promotion of one or more of Smuuv's Products. The current terms and conditions (the “Terms and Conditions”) constitute the entire agreement between Smuuv and the Content Creator with respect to the use by Smuuv of the Content. These Terms and Conditions are deemed accepted by the Content Creator, even when they are conflicting with the Content Creator’s general or special terms and conditions.  

 

2. Intellectual property and license

The Content Creator remains the sole owner of its own intellectual property rights in the Content. Subject to the permission of the Content Creator by responding to Smuuv’s written request in respect of the use of the Content with #SmuuvBody, the Content Creator hereby expressly grants to Smuuv and its affiliates the right to use the Content subject to these Terms and Conditions, and hereby expressly, irrevocably and unconditionally grants a worldwide, irrevocable, royalty-free, fully paid-up, transferable, sublicensable license to Smuuv (for the duration of the underlying intellectual property rights) to use all present and future intellectual property rights in the Content, in particular copyrights and image rights, absolutely and free from all encumbrances, including the proprietary rights relating to any of the foregoing, including without limitation the right of reproduction, translation, modification (such as modifications concerning the colour, lighting, reducing, enlarging, contrasts, isolating certain elements), use (notably for making content derived therefrom), distribution, display and communication to the public (by all forms and via our channels of media, organic and paid usage) and any other form of exploitation of the Content, in whole or part, in whatever manner, both in their original form and in a modified form, for all commercial or non-commercial purposes. The above-­mentioned license is, for every mode and form of exploitation or use, definitive, worldwide and understood in the broadest possible sense authorized by the applicable positive law, for the entire legal period of the respective rights; 

The Content Creator acknowledges that it is responsible for its Content, and for any consequences of the use thereof, including the use of the Content by Smuuv and Smuuv’s third party partners, and that Smuuv will not be responsible or liable for any use of the Content by Smuuv or its partners in accordance with these Terms and Conditions. The Content Creator hereby represents and warrants that they are the sole legal and beneficial owner of all intellectual property rights and image rights in the Content and that they have, to the extent applicable, entered into a valid assignment agreement of all intellectual property rights with the photographer, and that they have all the rights, power and authority necessary to grant the rights granted herein to any Content. The Content Creator furthermore represents and warrants that its Content will not deceptive, defamatory, obscene, pornographic or unlawful.  

 

3. Use of Content

Smuuv will mention the name of the Content Creator (by tagging the relevant account of the Content Creator or otherwise) on or in relation to the use of the (reposted) Content, unless the Content Creator explicitly objects in advance to the use of its name on or in relation to the use of the Content.  

The Content creator acknowledges that permission for the use of Content as set forth above is deemed to be given by the reply “#SmuuvBody” to Smuuv’s request. In this request, Smuuv will provide the link to the most recent version of these Terms and Conditions. The Content Creator further acknowledges and agrees that the Content may be made available to a wider audience than originally intended;  

 

4. Termination and changes

The Content Creator may terminate Smuuv’s right to use the Content in accordance with these Terms and Conditions, by contacting Smuuv via hello@smuuvbody.com, requesting the revocation of the Content. Smuuv will use its best efforts to remove the Content from its medial channels as soon as reasonably possible following such request and cease all use of the Content. For the avoidance of doubt, it is specified that the Content will not be deemed as revoked in the following situations: (i) when the Content has been removed by the Content Creator from websites where the Content was hosted, (ii) when the Content Creator has changed its username or closed its account or (iii) when the Content Creator has changed the settings of the account regarding limiting the Content to a restricted audience. Once the Content has been removed by Smuuv from all its media channels, these Terms and Conditions will be automatically terminated with respect to such Content by operation of law.  

Smuuv may, in its sole discretion, change, supplement or amend these Terms and Conditions from time to time (a “Modified Version”), for any reason, and without any prior notice to or liability towards the Content Creator. The Content Creator may not change, supplement, or amend these Terms Conditions in any manner. Any such Modified Version made will be effective immediately upon Loop making such changes available on the website https://www.smuuvbody.com/ or otherwise providing notice thereof. The Content Creator agrees that an absence of objection to those changes constitutes the Content Creator’s acceptance of such changes. 

 

5. Privacy

All your personal data will be collected and processed by Smuuv in accordance with Smuuv’s privacy policy, accessible at https://www.smuuvbody.com/policies/privacy-policy.