12.1 Definition
"User Content" means any content, materials, information, or other material that you submit, post, upload, transmit, or otherwise make available to VIGO through any VIGO website, application, social media channel, email submission, or other VIGO-controlled platform, including without limitation product reviews, ratings, photographs, videos, images, written commentary, testimonials, questions, answers, captions, and any other text, audio, or visual content.
12.2 License Grant
By submitting User Content to VIGO, you hereby grant to VIGO Industries, its parents, subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, transferable, sublicensable, non-exclusive license to use, reproduce, copy, host, store, distribute, transmit, modify, edit, adapt, translate, publicly display, publicly perform, create derivative works from, incorporate into other works, sell, and otherwise exploit your User Content, in whole or in part, in any form, format, media, channel, or technology now known or hereafter developed, and for any purpose, including without limitation commercial, marketing, advertising, promotional, editorial, and training purposes (including as training data for artificial intelligence and machine learning systems), throughout the world, without compensation, attribution, notice, or further consent of any kind.
This license includes, without limitation, VIGO's right to:
(a) Reproduce and distribute your User Content on VIGO's websites, mobile applications, email communications, social media channels, and other VIGO-controlled properties;
(b) Use your User Content in paid and unpaid advertising, marketing materials, retail partner channels, in-store displays, product packaging, trade show materials, printed catalogs, and any other promotional medium;
(c) Sublicense your User Content to VIGO's affiliates, subsidiaries, authorized retailers, distributors, retail partners, advertising and marketing agencies, and any other third party at VIGO's sole discretion;
(d) Edit, crop, resize, color-correct, add overlays or VIGO branding to, combine with other content, or otherwise modify your User Content as VIGO deems appropriate; and
(e) Use your User Content in connection with VIGO's products, brand, and business in any manner VIGO deems appropriate, in perpetuity.
12.3 Your Representations and Warranties
By submitting User Content, you represent and warrant that:
(a) You are the sole author and owner of all intellectual property rights in the User Content, or you have all necessary rights, licenses, consents, and permissions from any third party to grant the license set forth in Section 12.2;
(b) Your User Content is original, accurate, and not misleading;
(c) Your User Content does not and will not infringe, violate, or misappropriate any copyright, trademark, trade secret, patent, right of privacy, right of publicity, moral right, or other intellectual property or proprietary right of any person or entity;
(d) If your User Content depicts any person other than yourself, you have obtained that person's express written consent (or, in the case of a minor, the consent of that minor's parent or legal guardian) to be depicted and for VIGO to use such User Content as permitted under these Terms;
(e) Your User Content does not contain any unlawful, defamatory, obscene, harassing, threatening, hateful, sexually explicit, or otherwise objectionable material;
(f) Your User Content does not contain any confidential information, trade secrets, or personally identifiable information of any third party; and
(g) You are at least eighteen (18) years of age, or if under eighteen, you have the consent of your parent or legal guardian to submit User Content and to be bound by these Terms.
12.4 Waiver of Moral Rights
To the maximum extent permitted by applicable law, you irrevocably waive, and agree not to assert, any and all moral rights, droit moral, rights of attribution, rights of integrity, or any similar rights you may have in your User Content, and you consent to any acts or omissions by VIGO that would otherwise constitute infringement of such moral rights. To the extent any such rights cannot be waived under applicable law, you agree not to enforce them against VIGO or any party authorized by VIGO.
12.5 Use of Your Name and Likeness
By submitting User Content, you grant VIGO the right to use your name, username, profile name, display name, social media handle, city or geographic location, and any other identifying information you submit, in connection with the User Content and for VIGO's marketing, advertising, and promotional purposes, without further notice, consent, or compensation, except where prohibited by law.
12.6 No Obligation to Use; Right to Remove
VIGO has no obligation to use, display, or retain any User Content. VIGO reserves the right, in its sole discretion and at any time, to monitor, screen, edit, remove, or refuse to publish any User Content, with or without notice and without liability to you.
12.7 Indemnification
You agree to indemnify, defend, and hold harmless VIGO, its officers, directors, employees, affiliates, agents, licensees, and assigns from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) your breach of any representation, warranty, or obligation under this Section 12; or (c) VIGO's use of your User Content in accordance with the rights granted under these Terms.
12.8 No Endorsement; Disclaimer
User Content reflects the views and opinions of the individuals who submit it and does not reflect the views, opinions, or endorsement of VIGO. VIGO does not guarantee the accuracy, completeness, or reliability of any User Content and disclaims all liability arising from User Content to the maximum extent permitted by law.
12.9 Acceptance and Acknowledgment
By submitting User Content to VIGO through any means โ including by clicking "Submit," "Post," "Send," or any equivalent action, or by checking any box indicating acceptance of these Terms โ you acknowledge that you have read, understood, and agree to be legally bound by this Section 12, and you affirm that the license granted to VIGO in Section 12.2 is effective immediately upon submission and is irrevocable. This Section 12 is a binding legal agreement between you and VIGO.
