Share Your Waterworks Style with Us

Hello! You're here because we requested additional rights in sharing your photo across our channels. We love to see the fresh, imaginative ways you use Waterworks designs to achieve your creative vision. Whether you incorporate one Waterworks element or several for a sophisticated, layered effect, we're excited to see the results. We often reach out to people to ask for additional rights to reproduce our favorite images on our website and in our email, social media and other marketing materials. We will include your handle or byline whenever possible.

While we would love to share your style with the world (and think people will admire your post), deciding to share is entirely up to you. To accept our request, simply respond with the hashtag #YesWtrwrks, by which you agree to the following:

USER GENERATED CONTENT TERMS OF USE

Last updated: June 2018

In these User Generated Content Terms of Use (“Terms of Use”), “Waterworks,” “we”, “us” and “our” refers to Waterworks Operating Co., LLC (or any of its affiliated companies as appropriate).

The term “User Content” refers to the photos, text, graphics, audio, video, location information, captions, comments and other materials you posted on Facebook, Instagram, Pinterest, Twitter, or any other social medial network or website (“Social Media”) described, indicated or other otherwise identified in the message you received from us referring you to these Terms of Use.

By responding to our message with #YesWtrWrks, you agree that we may use your User Content in accordance with these Terms of Use. We reserve 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 grant permission or authorization to feature your User Content.

Our Use of Your User Content

In accordance with these Terms of Use, we will publish and upload your User Content to our websites (including but not limited to www.waterworks.com and uk.waterworks.com), Social Media pages (including but not limited to Facebook, Instagram or Pinterest), emails, digital newsletters, blogs and other digital properties operated by Waterworks and/or use your User Content in printed material and other printed matter for our marketing, promotional, advertising and other client engagement activities (“Waterworks Activities”). For this purpose, we are using the services of Olapic, Inc. (“Olapic”), located at 250 Vesey Street, 4th floor, New York, NY 10281, USA. Olapic's website is at: http://www.olapic.com.

You grant Waterworks and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right and license to use your User Content (and to allow others to use the User Content) for any purpose. You agree that you shall never withdraw this permission and license to use the User Content. The Licensed Parties may use your User Content for any business related purpose, including but not limited to the Waterworks Activities, in any media now or hereafter known, throughout the world, for an unlimited time. You agree that the Licensed Parties may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the User Content (or any part of the User Content) and related content, and include the User Content (or any part of the User Content) into other works, for any business related purposes, including but not limited to the Waterworks Activities. You also grant the Licensed Parties the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the User Content. You agree that the Licensed Parties have no obligation to use your User Content or your name or other identifying information. This includes no obligation to use your name or identifying information in connection with the Licensed Parties' use of your User Content.

You confirm that you have the consent or permission of any other person or entity that is required for our use of your User Content as described in these Terms of Use, including but not limited to: (1) any person who appears or performs in your User Content, and (2) any person or entity who owns any rights in your User Content or anything that appears in your User Content. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to Copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the User Content and the rights you are granting us under these Terms of Use.

You irrevocably and unconditionally waive (and agree not to enforce) all rights in the User Content, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world. If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under these Terms of Use.

Whether we choose to use the User Content or not is solely our choice. We have no obligation to use the User Content and we may remove or stop using any User Content at any time, for any reason. Use of the User Content does not imply our endorsement of or any affiliation with you. If you change your mind about sharing your User Content, or you do not want us to contact you about User Content again, please opt out by entering your details here.

Your User Content

You represent and warrant that:

• You are at least eighteen (18) years of age or are legally considered an adult in the State or Country where you reside;
• You have full power and authority to agree to these Terms of Use;
• The User Content is your own original creation (including, without limitation, the text and photograph(s) displayed in the User Content), no portion of the User Content was taken from another website, social media posting or elsewhere, and the User Content does not contain anything that violates the rights of any person or entity;
• The User Content does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or Waterworks;
• The User Content does not contain anything illegal, defamatory, obscene or offensive;
• You have permission from any person(s) appearing in the User Content to provide us with the rights to use the User Content as described in these Terms of Use;
• Your upload or post of the User Content does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the User Content;
• Our use of your User Content as described in these Terms of Use will not violate the rights of any person or entity and will not violate any law.
• You confirm and agree that our use of your User Content as described in these Terms of Use does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity; and
• You have read and you agree to comply with all of the terms and conditions in these Terms of Use.

Our Privacy Policy

We will use any personal data we receive in connection with our use of the User Content in accordance with these Terms of Use and in accordance with our U.S. Privacy Policy, or the Privacy Policy applicable in your country as available on our local website, and upon request. You consent to our collection of any personal data you provide in connection with the use of the User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not provide us with personal information or agree to these terms. Your personal information may be transferred to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries (including Olapic) so that they may process personal information on our behalf. You agree to such collection, use, disclosure, transfer and processing of your information in accordance with these Terms of Use.?

Reporting Copyright Infringement Claims

If you believe that your User Content has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 and instructions in our U.S. Site Terms of Use or in the site Terms of Use applicable in your country as available on our local website.

Limitation of Liability / Indemnification

You agree to: (i) be bound by these Terms of Use; (ii) waive any and all claims against us and our parents, subsidiaries, affiliates, advertising and promotion agencies, licensees, successors, and assigns, and all of their respective officers, directors, shareholders employees, agents, representatives, designees, and others working for them or on their behalf (“Waterworks Releasees”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, in connection with your User Content; and (iii) indemnify and hold the Waterworks Releasees harmless from any and all claims, losses, liabilities or expenses, including, without limitation, reasonable attorneys' fees, resulting from any claims, proceedings or investigations arising from or in connection with your User Content, or your compliance or non-compliance with your obligations, representations or warranties under these Terms of Use.

Miscellaneous

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent. We may assign our rights and obligations under these Terms of Use to any other person, in whole or in part, without consent. A failure by us to exercise and any delay, forbearance or indulgence by us in exercising any right, power or remedy under these Terms of Use (in whole or in part) shall not operate as a waiver of that right, power or remedy or preclude its exercise at any subsequent time or on any subsequent occasion. A person not a party to these Terms of Use has no right to enforce any of these terms. These Terms of Use contain all the terms agreed between us regarding your User Content and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

The construction, validity and performance of these terms shall be governed by the laws of the State of New York, USA and the parties submit to the exclusive jurisdiction of the courts of New York to resolve any dispute arising under or in connection with these Terms of Use. 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. If you have questions regarding these Terms of Use, please send an e-mail to [email protected]. You may also contact us by writing to 60 Backus Avenue, Danbury, CT 06810, or by calling us at (203) 546-6000. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

© 2018 Waterworks Operating Co., LLC. All rights reserved.