User Submitted Content Terms of Use

The Collins Key Company, LLC (“Key Company”) licenses its intellectual property in connection with certain consumer products (“Brand”) in addition to entertainment products and services and the display and distribution of the foregoing (“Services”) subject to the following Terms of Use (“TOU”, “Terms of Use” or “Terms”). Key Company reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you access the Key Company website available at shopcollinskey.com (the “Site”), to stay informed of any changes to the Terms of Use. Any access or use of the Site or Services by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

  1. USER CONTENT

By uploading User Content to this Site or by accepting these TOU in connection with otherwise making User Content available to Key Company, you grant to the Brand, its third-party manufacturers, distributers and its retail partners (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.

You hereby represent and warrant that (i) you own all rights in and to your User Content, or, if the User Content is subject to third party proprietary rights, including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (ii) you are not a minor, (iii) you are legally entitled to post the User Content, , and (iv) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive and the Licensed Parties’ use of your User Content as described herein will not violate any other law. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

The Licensed Parties reserve the right to remove any User Content from the Site, the Brand properties and the Services at any time, for any reason. If you believe User Content residing on the Site or the Services infringes a copyright, please refer to our Copyright Policy below.

  1. PRIVACY

By agreeing to these TOU you are consenting to Key Company’s collection and processing of your personal data as described in the Key Company Privacy Policy: https://shopcollinskey.com/pages/privacy-policy

  1. INTELLECTUAL PROPERTY RIGHTS

The Key Company Site contains proprietary information owned by Key Company, including, but not limited to, text, software, photos, video, graphics and the entire contents of the Key Company Site and Services, protected by copyright, trademark and other intellectual property laws. The Licensed Parties’ properties contain proprietary information owned by or licensed to the Brand or its retail partner, and protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Key Company and the Licensed Parties by using the Key Company Site or Services.

  1. LIMITATIONS OF LIABILITY

IN NO EVENT WILL KEY COMPANY, ITS AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE KEY COMPANY SITE OR SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE KEY COMPANY SITE OR SERVICES. YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES AND HEREBY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT ON THE KEY COMPANY SITE AND SERVICES. IN ADDITION, NEITHER KEY COMPANY NOR ITS AFFILIATED COMPANIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE KEY COMPANY SITE OR SERVICES; OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU; OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  1. DISCLAIMERS

THE KEY COMPANY SITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

IN PARTICULAR, KEY COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT: (A) YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE OR SERVICES WILL BE CORRECTED.

  1. INDEMNITY

You agree to defend, indemnify and hold harmless Key Company, its affiliates and their respective directors, officers, employees and agents, from and against all claims and expenses (including attorneys’ fees) arising out of or connected to the use of the Key Company Site or Services, by you or any other person using an account of yours. Key Company reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Key Company with such cooperation as is reasonably requested by Key Company.

  1. TERMINATION

You agree that Key Company, in its sole discretion, may terminate your use of the Key Company Site or Services. You agree that any termination of your access to the Site or Services under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Key Company may immediately remove all related information and files associated with your use of the Site or Services. All provisions of these Terms which by their nature should survive termination shall survive termination; including, but not limited to, intellectual property rights, limitation of liability, disclaimer of warranty and indemnification.

  1. MISCELLANEOUS

These Terms of Use, the Key Company Privacy Policy and any operating rules for the Site or Services constitute the entire agreement between Key Company and you with respect to the subject matter hereof; and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof.

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Key Company’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect. Key Company expressly reserves the right to transfer, assign or delegate these Terms of Use and any of its rights or obligations hereunder without consent.

You agree that if Key Company does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Key Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Key Company’s rights and that those rights or remedies will still be available to Key Company.

The Terms of Use, and your relationship with Key Company, shall be governed by the laws of the State of California, USA without regard to its conflict of laws rules. If you access the Site or Services from any location other than the United States, you accept full responsibility for compliance with all local laws. You and Key Company agree to submit to the exclusive jurisdiction of the courts located within Los Angeles, California, USA to resolve any legal matter arising from the Terms of Use and your relationship with Key Company. Notwithstanding this, you agree that Key Company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

Any notices required or permitted by these Terms must be in writing and in English and shall be deemed effective upon receipt when sent by confirmed e-mail to carl@collinskey.com or when delivered in person by a nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid to:

The Collins Key Company, LLC c/o Hansen Jacobson et al., 450 N. Roxbury Dr., 8th Floor, Beverly Hills, CA 90210, Attn: Duncan Hedges

 

© 2018 The Collins Key Company, LLC
All rights reserved.

Last updated: November 9, 2018