Social Media and User-Generated Content Policy
This Social Media and User-Generated Content Policy (the “Policy”) applies to and governs your conduct associated with various free Social Media Channels hosted by CR CLICKS ECOMM INC. (“WS”, the “Company”, “we”, “our”, or “us”) and any future affiliated companies and brands) (collectively, “Affiliates”). By contributing User-Generated Content to or otherwise participating in the Social Media Channels (defined below), you agree to abide by the terms and conditions of this Policy.
We may change or add to this Policy, so we encourage you to review it periodically and to check for updates when you participate in our Social Media Channels.
What are Social Media Channels?
“Social Media Channels” include all websites, online and mobile technologies, apps, services and tools which allow users to interact with each other by sharing endorsements, information, opinions and interests, including but not limited to blogs, micro-blogs, social bookmarking services, user rating services, podcasts, wikis, message boards, social networking websites such as Facebook and Twitter (including the WS Facebook Page), Youtube, Flickr, Tumblr, Pinterest, Instagram, Vimeo, product review applications referenced on, connected to or associated with our website (www.wetseal.com), and any and all other online or mobile collaboration, sharing or publishing platforms, whether accessed through the web, a mobile device, text messaging, e-mail or any other existing or emerging communications platform, and including any and all digital medium communications in social environments.
Does this Policy Apply to You?
If you are a “fan,” “follower” of or otherwise voluntarily engage with Wet Seal or any of our Affiliates by emailing, posting, uploading or otherwise submitting photographs, graphics, videos, messages, comments or other material (collectively referred to herein as “Post(s)”) on any of WS and/or our Affiliates’ Social Media Channels, or making any personal statement through a Post or otherwise in any media/medium which endorses our and/or our Affiliates’ products or services (“Endorsement”), this Policy applies to you. If you do not comply with this Policy at any time, we reserve the right to restrict your use of or access as WS and/or our Affiliates’ Social Media Channels at our sole discretion without prior notice, 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 our and/or our Affiliates’ Social Media Channels is a “User”.
What is User-Generated Content?
“User-Generated Content” means any and all content generated by you through your participation in or contribution to Social Media Channels, including but not limited to Posts, blog posts, comments, status updates, “likes”, text messages, email posts, Twitter blasts, ”tweets”, “retweets”, images, audio recordings, video recordings, using or commenting with one of our promoted hashtags, tagging “WS” “WetSeal” or one of our Affiliates, or any other information made available by you through a Social Media Channel.
This Policy applies to all User-Generated Content, regardless of whether the content is made available through externally or internally hosted Social Media Channels.
Rules of Conduct
WS views Social Medial Channels positively, and encourages you to use Social Media Channels to review our products and services, discuss fashion and clothing ideas, trends and reviews and discuss issues, trends and topics related to the fashion industry, among other things. Social Media Channels are a key way in which people, and specifically members of the WS community, interact and share ideas with others. We love to see photos and video that you have created, showing you in your favourite WS fashions.
WS respects your freedom, self expression and ownership of and responsibility for your User-Generated Content. When you participate in the Social Media Channels and/or post User-Generated Content, please be polite, kind and respectful to others. Please also be careful of what you post, and moderate your content. You are responsible for your User-Generated Content, and you may be sued by others if you post content that: (i) is known by you to be false, misleading or inaccurate; (ii) leads others to believe you are someone else or representing an organization that you do not represent; (iii) infringes any third party intellectual property or proprietary rights, or rights of publicity or privacy; (iv) violates any law, statute, ordinance or regulation; (v) is, or may be considered to be, vulgar, indecent, obscene, untrue, defamatory, libelous, hateful, biased or offensive, racist, threatening or harassing; (vi) includes personal information (without the individual’s permission) or plagiarized material; or (vii) contains malware, viruses or worms or other malicious code, or causes pop-ups.
We strongly encourage you NOT to disclose any of your personal information through the Social Media Channels.
When participating in the Social Media Channels and/or posting a Post or other User-Generated Content, please keep in mind the following:
- • Personal Attacks: Personal attacks will not be tolerated. Do not disrespect, bully, insult or attack others. When challenging an opinion or view, please do so respectfully. Do not threaten, target or abuse others through your User-Generated Content.
- • Discrimination: Discrimination or prejudice of any kind, whether based upon race, disability, colour, religion, creed, sex, sexual orientation, national origin, age, or veteran status is prohibited.
- • Libelous Statements: Libel is a statement or comment about a person or organization that cannot be proven to be true and may be considered damaging to their reputation, integrity and/or interests. Libelous statements are prohibited.
- • Violence: Any User-Generated Content inciting or directly referring to violence, past violence or the threat of violence, including content that encourages others to be violent against other people or groups, is prohibited.
- • Hatred: Constructive debate is allowed and encouraged, but comments or content intended to bully or incite hatred towards anyone, including any content promoting hatred or violence towards individuals or groups in a discriminatory manner as set forth above, is prohibited.
- • Pornographic Material/Adult Content: Material that is pornographic in the sole discretion of WS and/or references to it is prohibited. We do not allow content that in any way suggest, promotes, refers to or encourages sexual attraction towards or exploitation of children. In addition, please do not post images or videos containing nudity or sexual activity.
- • Spam: Please do not post spam, such as garbled or nonsense sentences or duplication of words and numbers. In addition, please not use our Social Media Channels to drive traffic to your site or to move it up in search listings, post User-Generated Content through the Social Media Channels simply to promote your site or product, or use existing User-Generated Content from other sources for the primary purpose of generating revenue or other personal gain. You cannot use our Social Media Channels in connection with pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise). You cannot use our Social Media Channels to conduct a survey or a contest. Posting under multiple nicknames is not allowed.
- • References to Upsetting/Distressing Subjects: Please do not use the Social Media Channels to refer to subjects (such as drug use, sexual acts, war, religion or political beliefs) in a manner that others may find to be upsetting or distressing, including content that is crude, vulgar, shocking or graphic.
- • Criminal or Immoral Activity: Any mention of or reference to criminal or immoral activity, including drugs, prostitution, fraud, stalking, extortion, and terrorism, among others, is prohibited.
- • Unauthorized Content: The content you submit to the Social Media Channels may not contain any trademarked or copyrighted material or material that is subject to other third-party proprietary rights, unless you have permission from the owner of such material or you are otherwise authorized to use the material and to grant WS or our Affiliate, as relevant, all relevant licenses and permissions to use the materials as contemplated herein.
Though WS may make exceptions at its sole discretion based on documentary, artistic, educational, scientific or other grounds, WS reserves the right to immediately remove any User-Generated Content that offends any of the above prohibitions or any applicable law at its sole discretion and take any other action it deems appropriate in respect of such offending User-Generated Content, as more specifically set forth below. WS makes no representation or warranty with respect to its efforts to monitoring of User-Generated Content and assumes no liability in respect of such content, as more specifically set out in our Disclaimer below. WS does not guarantee the accuracy, non-offensiveness, reliability or completeness of such User-Generated Content.
WS has installed social media plug-in protocols, such as Facebook’s “Like” button, which allow you to share your likes and interests in WS products, services, and promotions with your friends and contacts. When you click on a social media plug-in protocol link, such as the Like button, a link to the Site may appear in the “Likes and Interests” section of your Facebook or other social media website profile. Your friends and contacts will be able to see the link and be led back to the Site if they share your likes and interests or if they are interested in learning more about our products, services, and promotions. We may also contact you, and those of your friends and contacts who chose to become members of WS’s social media website webpages, with news about WS so you and your friends and contacts can learn about WS’s products, services and promotions. You understand that information about your likes and interests may be shared with your friends and contacts and the broader social-media website community.
WS may offer blogs from time to time, in accordance with the terms and conditions of this Policy.
If you encounter one of our blogs that you believe violates this Policy, please report it to us by contacting us at: email@example.com
We will then review the blog for violations of the Policy. If the blog does not violate this Policy, we will not take any action. If we are of the view that a blog does violate this Policy, we may take any action in our sole discretion, including but not limited to one or more of the following actions, based on the severity of the violation:
• Delete the blog
• Disable the author’s access to his/her blog account
• Report the user to law enforcement
Your Representations and Warranties
By submitting Posts and/or User-Generated Content to the Social Media Channels, you represent and warrant that:
- Your User-General Content is your original creation for which you own and/or control all rights;
- you are the sole author and owner of the intellectual property rights in such content and such User-Generated Content does not contain any third-party trademarked or copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of such material or you are otherwise legally entitled to post the material and to grant WS all relevant licenses and permissions to use the material as contemplated herein, and that your User-Generated Content does not violate any applicable laws or regulations, or infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party;
- your User-Generated Content does not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use;
- all “moral rights” that you may have in such content have been voluntarily waived by you in favour of WS and its Affiliates;
- all such User-Generated Content is accurate;
- you are not misrepresenting your identity in any way;
- you are at least 13 years old;
- if you are under the age of consent that you have your parent or guardian’s permission to interact with our Social Media Channels;
- you have obtained the express permission of each identifiable person appearing in your User-Generated Content to be included and displayed in the User-Generated Content as provided herein;
- public use of the User-Generated Content does not violate the terms and conditions of this Policy; a
- none of your User-Generated Content, whether to your knowledge or otherwise, contains any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity; and
- you have the full power and authority to grant the rights contemplated herein.
WS and our Affiliates are committed to complying with all applicable laws and regulations requiring clear and accurate advertising messages, endorsements and testimonials when communicating with the public, including the disclosure of all material connections between a marketing promotion using any page or Social Media Channel and a User’s participation in that promotion (“Endorsement”). This Policy is intended to provide guidelines essential to ensuring compliance with those laws and regulations. Therefore, this Policy applies to all WS and our Affiliates’ employees, independent contractors, agents (including anyone speaking, writing, blogging, posting on any Social Media Channel, or otherwise generally endorsing WS or our Affiliates’ products or services), and any other individual or entity engaged in promotional endorsement activities on behalf of WS or our Affiliates, whether they are engaged by WS or our Affiliates directly or through an agency, representative of an agency, subsidiary or franchise (collectively referred to herein as “Endorsers”). This Policy applies irrespective of the forum in which the Endorsement or testimonial is being made, written or verbal, including, but not limited to, television commercials, print advertisements, websites, blogs, mobile applications, Social Media Channels in general or any other form of media which may be used to advertise.
Endorsers are responsible for their opinions, comments and content made in Posts or other User-Generated Content and may be held personally liable for any commentary deemed to be defamatory, libelous, obscene, or an infringement on the proprietary rights of WS, our Affiliates, or any third party; therefore Endorsers should be mindful of this potential liability when disseminating opinions, comments and content through Posts or other User-Generated Content. In addition, Endorsers should at all times be aware that Posts or User-Generated Content may remain public or may be archived so that such Posts or User-Generated Content may be stored and retrievable, indefinitely.
With respect to statements or other claims made in advertising messages or promotional communications about WS, our Affiliates’ and/or our products or services, Endorsers must adhere to the following general standards and disclosure requirements:
- Endorsers may only make statements that reflect their honest opinions, finding, beliefs or experiences. Endorsers may not make statements about experiences with a product not personally used, examined or evaluated.
- Endorsements by organizations must reflect the collective judgment of the organization.
- Endorsers may not make deceptive, misleading or untruthful claims about WS, our Affiliates or our products or services.
- Endorsers may not make any claims about our products or services or the services or products of our Affiliates that are not substantiated.
- Endorsers may not engage in any communication that is defamatory or infringes upon the intellectual property or privacy and publicity rights of others.
- Endorsers may not use any intellectual property of WS or our Affiliates in their Endorsement without the prior written consent of WS or our Affiliates at issue in each instance, and such use must be in accordance with the specific guidelines provided by us.
- Endorsers may not make any comments, Posts or User-Generated Content that in any way promotes unsafe or dangerous activities.
- Endorsers may not make any comments, Posts or User-Generated Content that violate local, state, provincial or federal law.
- Endorsers that are also employees of WS or any one of our Affiliates must adhere to all employee guidelines found in the employee handbook.
- Endorsers may have access to or directly or indirectly be exposed to information of a proprietary and confidential nature about WS or its Affiliates (including without limitation its business operations and activities, strategic plans and financial information). Endorsers shall keep confidential and not disclose any such information.
- To the extent applicable and/or required pursuant to applicable laws and regulations, Endorsers must clearly disclose, in each post, that they were paid or otherwise compensated to feature the product or brand. This is more particularly described under the section ‘Disclosure Requirements’ directly below.
- Endorsers must clearly and conspicuously disclose any “material connections” to WS or Affiliates in all advertising, promotional and Endorsement related communications concerning WS, our Affiliates and/or our products or services.
- A “material connection” is a connection 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.
- Such connections may be found in the form of:
o Receiving consideration (i.e. monetary compensation, including fees or commissions; gift cards; event access; prizes; free or discounted products or services) provided by WS or an Affiliate (or any of its agents acting on its behalf) to the Endorser;
o A relationship between WS or an Affiliate and the Endorser (such as employment or contractual relationships); or
o Potential consideration gained through a promotion, contest, or sweepstakes for which participation is conditioned upon an Endorsement.
- Some examples of adequate material connection disclosures may be as follows:
o I received [product] from WS as a gift;
o [Thanks to][Courtesy of] WS , I was given [product];
o WS sent me [product] to try;
o This post is a paid advertisement for WS;
o I am an employee of WS; or
o Tagging an Endorsement on any Social Media Channel with a clear and widely accepted hashtag that discloses the material connection of the Endorsement to WS or a specific promotion or contest; possible acceptable examples may include #Ad, #WetSealContest, #WetSealRussePartner, #sponsored, etc.
- The above are only examples of disclosures which may be adequate. Variations of those examples may also be adequate depending on the context. The key is to disclose that there is a relationship between WS 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 WS).
- Disclosures need to be made in an upfront (particularly in the case of videos), clear and conspicuous manner. This generally means the disclosure should occur in close proximity to where the Endorsement was made and in a similar size, font and color. Additionally, disclosures should be made in the language of the Endorsement, should be written in unambiguous language, and should be specific about the brand, product and what was provided.
- Endorsers who post their own opinions, comments, content or recommendations about WS, any of its Affiliates, and/or its products or services, must disclose that their views do not necessarily represent those of WS.
Except where prohibited by law, your making available the User-Generated Content or otherwise contributing to or participating in the Social Media Channels, including the voluntary posting by you of photographs, videos, comments, or other material on any of the Social Media Channels constitutes your consent and grant to WS and its Affiliates of a non-exclusive, royalty-free, worldwide, unrestricted, irrevocable and unlimited right and permission, but not the obligation, to: (1) use, copy, utilize, perform, republic, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, reproduce, prepare derivative works of (or incorporate into other works), and otherwise exploit the User-Generated Content in any and all manner and media throughout the world and in perpetuity for promotional purposes and other uses deemed by WS in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives; (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 understand that any such media may be edited in the sole discretion of WS. You understand and agree that you will not have any right to inspect or approve of our use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated by us for the use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post.
The rights to our information may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than us. Additionally, certain content displayed and contained within our Social Media Channels is the original authorship of us and is owned exclusively by us. By being a User of or Posting on any of our or our Affiliates’ Social Media Channels, 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 us, our Affiliates, or a third party, other than as provided herein.
The information and content displayed and contained within the Social Media Channels (other than the User-Generated Content) is protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by WS, its Affiliates or third parties who provide such Social Media Channels. By participating in and contributing to the Social Media Channels, you agree that you shall not adapt, distribute, store in a retrieval system, modify, convert, publish, transmit, display, copy, reproduce, participate in the transfer or sale, create derivative works, or in any way exploit any of the content contained within the Social Media Channels, whether owned by WS or a third party.
You may request removal of any of your User-Generated Content by sending a removal request email to firstname.lastname@example.org. 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. Neither we nor any of our Affiliates is required to remove any User-Generated Content.
Wet Seal and its brands, trademarks and design marks (collectively, the “WS Marks”), are trademarks or registered trademarks of YM Inc. (Sales) and/or its Affiliates, and the property thereof. All other product, brand and company names and logos used, displayed or referenced within the Social Media Channels may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks, including the WS Marks, appearing in the Social Media Channels without the express written consent of the owner of the trademark is strictly prohibited.
We respect the intellectual property rights of others and expect our Users to do the same. If you believe that your copyrighted work has been copied in any way that constitutes infringement you may notify us at email@example.com. Please make sure to include the following information with your request or we will be unable to respond to it:
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit us or our Affiliates to locate the material including a link to or URL for the material;
- identification of the copyrighted work or a representative list of the works claimed to have been infringed;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- your name, address, telephone number, and email address, so that we may contact you if necessary;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Indemnity, Liability and Disclaimer
You agree to indemnify and hold WS (including its officers, directors, agents, Affiliates, employees, representatives and third party service providers) harmless from any and all claims, demands, losses, liabilities and damages (actual and consequential) of any kind or nature, known and unknown, including reasonable legal fees (collectively, “Claims”), arising out of or in connection with a breach of your representations and warranties set forth herein, or your violation of any law or the rights of any third party arising from your participation in or contribution of User-Generated Content to any Social Media Channels.
EXCEPT WHERE PROHIBITED BY LAW, THE INFORMATION ON THE SOCIAL MEDIA CHANNELS IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE CONTENT OF THE SOCIAL MEDIA CHANNELS (INCLUDING ANY INFORMATION, IMAGES, PHOTOS, VIDEO, MATERIAL OR DOWNLOADABLE CONTENT ACCESSED FROM OR THROUGH THE SOCIAL MEDIA CHANNELS) WILL BE ACCURATE, UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, THAT VIRUSES OR ERRORS WILL BE CORRECTED, OR THAT THE SOCIAL MEDIA CHANNELS OR SERVER UPON WHICH THEY RESIDE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOUR USE OF THE SOCIAL MEDIA CHANNELS IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL WS, ITS AFFILIATES OR BRANDS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE SOCIAL MEDIA CHANNELS; THE MATERIALS OR CONTENT ON THE SOCIAL MEDIA CHANNELS, INCLUDING THE USER-GENERATED CONTENT, STATEMENTS OR CONDUCT OF ANY THIRD PARTY; A DELAY OR INABILITY TO USE THE SOCIAL MEDIA CHANNELS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER-GENERATED CONTENT OR OTHERWISE ARISING IN CONNECTION WITH THE SOCIAL MEDIA CHANNELS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
If for any reason the Social Media Channels hosted by us are not operating as intended, as a result of infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Social Media Channels, we reserve the right, at our sole discretion, to cancel, terminate, modify or suspend any such Social Media Channels or any user’s access to same. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User-Generated Content.
Any attempt by any person to deliberately undermine the legitimate operation of our Social Media Channels may be a violation of criminal and civil law, and, should such an attempt be made, we reserve the right to seek damages from any such person in respect of any such civil law violations to the fullest extent permitted by law. Our failure to enforce any term of this Policy shall not constitute a waiver of this provision.
Termination of Relationship
WS reserves the right to terminate its online relationship with you, should you fail to comply with this Policy or if you are interfering or tampering with the Social Media Channels. WS may also suspend your online account with us (if applicable) or restrict your use of or access to our internally hosted Social Media Channels, or request the same from externally hosted Social Media Channels, all without prior notice to you.
Externally Hosted Social Media Channels
Other WS Policies
Please also visit the following associated policies for further information:
Website Terms and Conditions of Use: here.
If you would like additional information or have questions about this Policy, please contact us at: firstname.lastname@example.org
Last Revision: November 2021