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USER GENERATED CONTENT
TERMS OF USE


By accepting to have your picture, and, at Luxottica’s sole discretion. your caption associated with such picture(“Content”) posted on the Ray-Ban website, or any other Ray-Ban platform (collectively, “Ray-Ban Platforms”), you agree to be bound by these terms of use ("Terms of Use"). The Ray-Ban Platforms are provided by Luxottica USA LLC and or its subsidiaries and affiliates (collectively, "Luxottica" "We" or "Us").These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, you should not accept to have your Content posted on any Ray-Ban Platforms.

  1. You must be at least 13 years old.
  2. You are solely responsible for the Content.
  3. Content may not be confidential, violent, discriminatory, unlawful, infringing, hateful, bully, abusive, harassing, threatening, obscene, pornographic or sexually suggestive.
  4. Luxottica does not claim ownership of the Content. Instead, you hereby grant to Luxottica, and its affiliates, subsidiaries, successors, licensees, and assigns (collectively, “Luxottica Parties”), a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, re-use, create derivative works, publish, re-publish, display, perform, transmit, exhibit, and reproduce the Content, in whole or in part, individually or in conjunction with other material, including without limitation, text, photographs, or images, in any medium (whether now known or hereafter invented) and for any and all purposes, including but not limited to advertising, publicity, promotion, packaging, and trade, without restriction as to manner, frequency, or duration of usage Luxottica will have no obligation to display the Content. Luxottica reserves the right to display your picture without your caption.
  5. You represent and warrant that: (i) you own the Content or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;(iii) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  6. Luxottica is not responsible for, and does not endorse, the Content. Luxottica does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content. Luxottica will not be liable for any use or disclosure of the Content.
  7. Luxottica reserves the right, in its sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that Luxottica may notify you of the Updated Terms by posting them on any Ray-Ban Platform. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  8. You agree to defend (at Luxottica's request), indemnify and hold the Luxottica Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following: (i) your Content; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities. You will cooperate as fully required by Luxottica in the defense of any claim. Luxottica reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Luxottica.
  9. You agree that any claim you may have arising out of or related to your relationship with Luxottica must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
  10. These Terms of Use are governed by and construed in accordance with the laws of the State of Ne York, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
  11. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Luxottica's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Luxottica reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Luxottica.
  12. These Terms of Use constitute the entire agreement between you and Luxottica regarding the use of the Content, superseding any prior agreements between you and Luxottica. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Luxottica. Any purported assignment or delegation by you without the appropriate prior written consent of Luxottica will be null and void. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
  13. The effective date of these Terms of Use is 06/28/2016. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.
 

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