These Terms govern your conduct, your rights, and Charlie Banana's (operated by Charlie Banana USA LLC in the US and Winc Design LTD in all other countries) rights with respect to any text, photograph, video, post, communication, music, audio/sound recording, artwork, ratings, reviews or other materials or information you make associated with the Charlie Banana Web Sites or Social Media Pages ("Submission"). When you submit a Submission, you agree to the following:
- your Submission is original, accurate, created by you, and not an impersonation;
- you are currently a bona fide user of the Charlie Banana product(s) mentioned in your Submission and your Submission reflects your true and honest opinion of and current experience with the Charlie Banana products(s);
- you are over the age of majority, or, if a minor, your parent or legal guardian consents to your submission;
- you are not an employee of Charlie Banana nor do you work for an affiliate or agency of Charlie Banana hired by Charlie Banana to promote and/or sell Charlie Banana products; OR, if you are an employee of Charlie Banana or work for an affiliate or agency of Charlie Banana hired by Charlie Banana to promote and/or sell Charlie Banana products, you agree to include a clear and conspicuous disclosure of your relationship with Charlie Banana in your Submission;
- your Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials, for Charlie Banana or any third party;
- your Submission is made without any prior payment or promise of payment having been made to you or the expectation by you of any payment in return for your proposed Submission. Your Submission is also made without any prior benefit having been made to you or the expectation of any future benefit, except for the possibility of having your Submission used for Charlie Banana promotional purposes. Or, if you did receive a benefit, you clearly disclose the details of the benefit in your Submission;
- your Submission is not false, misleading, offensive, profane, vulgar, obscene, derogatory, defamatory, libelous, slanderous, or otherwise inappropriate;
- your Submission does not contain content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
- your Submission does not contain content which violates any law, statute, ordinance or regulation or content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;
- your Submission does not contain material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
- your Submission does not contain content or materials intended to create disruption or to mislead others, such as posting multiple Submissions in an effort to monopolize the forum or posting a Submission unrelated to the forum’s designated topic or theme;
- your Submission does not contain content which includes third party websites, addresses, email addresses, contact information, phone numbers, other information or opinions about an identified or reasonably identifiable individual or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with Charlie Banana;
- your Submission does not contain programming or materials containing any Trojan horses, viruses, worms, harmful code, or other potentially damaging information, programs, or file; and
- Charlie Banana's use of your Submission does not violate these Terms and will not cause injury to any person or entity.
If the Submission is related in any way to a promotion, sweepstakes, contest, giveaway, or similar program, Additional Terms may apply. Any opinions, advice, statements, services, offers, or other information contained in Submissions expressed or made available on the Sites are those of the respective author(s) or distributor(s) and not of Charlie Banana. We neither endorse nor guarantee the accuracy, completeness, or usefulness or any such Submission.
By submitting a Submission, you grant each of the following to Charlie Banana:
- a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to use, monitor, review, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Submission(s), in whole or in part, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on Charlie Banana's web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law);
- an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively "Your Personal Content") as contained in your Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on Charlie Banana's web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).
You also agree to waive any applicable moral rights as contained in your Submission(s) for any of the proposed uses listed above.
By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, Charlie Banana and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Your Personal Content embodied in such Submission or the exploitation of any of the Charlie Banana's rights as noted above.
You understand that Charlie Banana is relying upon your representations, grants of rights, waivers and releases in permitting you to submit a Submission. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in this Agreement.
Charlie Banana does not guarantee that you will have any opportunity to edit or delete your Submission. You acknowledge that you, not Charlie Banana, are responsible for the contents of any Submission(s).