User Generated Content (UGC) Terms of Use

These Terms of Use for User Generated Content (“UGC Terms of Use”) describe the terms and conditions under which Royal Brush Mfg., Inc. and its affiliates may use the content created and publicly posted by you, as more specifically identified and described in the message Royal Brush Mfg., Inc. sent you via social media referring you to these UGC Terms of Use. Such content shall be referred to herein as the “User Generated Content” / “Submission(s)”.

Notice

This is a binding contract. By replying #YESOMNIA, you are entering into an agreement with Royal Brush Mfg., Inc. and agree to be bound by these User Generated Content Terms of Use by posting new versions thereof, as well as the right to provide notice of material changes.

License

You hereby grant Royal Brush Mfg., Inc. the perpetual, worldwide, irrevocable right (but not the obligation) to post, edit, modify, reproduce, re-use, publish, print, distribute, display or otherwise use your User Generated Content and any other information, ideas, or links that you provide, in whole or in part, without royalty, other compensation, recognition or attribution, in all forms of media, now known or developed in the future. You also acknowledge that Royal Brush Mfg., Inc. may use your User Generated Content, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. You understand and acknowledge that Royal Brush Mfg., Inc. may modify the User Generated Content for formatting, navigational, integration or other purposes, but such modifications will not materially distort such User Generated Content.

No advertisement, promotional media, or other material in any media containing Your Name and/or Likeness related to the User Generated Content need be submitted to You for any further approval for use by Royal Brush Mfg., Inc., and Royal Brush Mfg., Inc. shall be without liability to You for any distortion or illusionary effect resulting from the publication of Your Name and/or Likeness.

Royal Brush Mfg., Inc. will have no obligation to make any use of any of the rights granted by You. Royal Brush Mfg., Inc.’s use of the User Generated Content or Your Name and/or Likeness does not imply any endorsement of or any affiliation with You.

Comments, Submissions & Reviews

All comments, feedback, information, photographs, images, and data submitted to Royal Brush Mfg., Inc. through, in association with or in regard to the Website and/or any other Royal Brush Mfg., Inc. goods or services ("Submissions") shall be considered non-confidential. By providing such Submissions to Royal Brush Mfg., Inc., you are granting Royal Brush Mfg., Inc. royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such Submissions for any purpose including, but not limited to, advertising, marketing and promotional purposes.

Submissions do not reflect the views of Royal Brush Mfg., Inc.; and Royal Brush Mfg., Inc. does not have any obligation to monitor, edit, or review any Submission on the Sites. You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity. Royal Brush Mfg., Inc. assumes NO responsibility or liability arising from the content of any Submission nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Submission on the Website. Royal Brush Mfg., Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Royal Brush Mfg., Inc. to disclose the identity of anyone posting any such information or materials.

Rights, Representation & Ownership

You acknowledge and agree that:

• You are not a minor;
• You have the full right, power and authority to grant the rights described in these UGC Terms of Use;
• The User Generated Content and/or Submission was created by you or you own or control all rights in such User Generated Content and/or Submission(s), such that you have all necessary licenses, rights, consents and permissions to publish the User Generated Content and to grant the rights granted herein, including permission from all person(s) appearing in your User Generated Content;
• You acknowledge that you are responsible for the User Generated Content and/or Submissions that you provide, and that you, not Royal Brush Mfg., Inc., have full responsibility for the User Generated Content and/or Submissions, including their legality, reliability, appropriateness, originality and copyright;
• The exercise by Royal Brush Mfg., Inc. of its rights under these UGC Terms of Use will not violate the rights of any third party or any applicable laws, rules or regulations, including, without limitation, consumer protection, privacy, copyright, trademark and trade laws;
• The User Generated Content and/or Submission does not contain any worms, viruses or other code deemed harmful to Royal Brush Mfg., Inc. or Royal Brush Mfg., Inc.’s users; and
• The User Generated Content and/or Submission is not, in Royal Brush Mfg., Inc.’s reasonable discretion, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

Moderation

Royal Brush Mfg., Inc. may moderate any User Generated Content and/or Submission(s) and has the right (but not the obligation) to remove a Submission that, in Royal Brush Mfg., Inc.'s reasonable judgment, violates these Terms and Conditions. Royal Brush Mfg., Inc. may also terminate a registered user's account or right to make a Submission.

Royal Brush Mfg., Inc. reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any User Generated Content and/or Submission(s) from any Royal Brush Mfg., Inc. site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any User Generated Content and/or Submission(s) or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including any Royal Brush Mfg., Inc. or Royal & Langnickel Beauty USA site. Moreover, we retain all rights to remove User Generated Content and/or Submission(s) at any time for any reason or no reason whatsoever.

Children

Royal Brush Mfg., Inc. does not accept User Generated Content and/or Submission(s) from persons under the age of 13 (“Child” or “Children”). Furthermore, Royal Brush Mfg., Inc. does not accept any user who is a Child. You are ineligible to use this Website if you are under the age of 13. If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these terms. If you are under the age of 18, your parent or legal guardian’s consent to these terms is ongoing and they hereby warrant that they will review these terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these terms. Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants Royal Brush Mfg., Inc. all rights to utilize the copyright and image / likeness embodied therein as further enumerated in these Terms of Use.