Thank you for sharing your images with us. We have obviously reached out to you for photo usage rights, which has brought you to this page. We have implemented Olapic as a way to pull images identified by the #arcteryx, #ShowUsYourBird and #defineFEMININE hashtags and host them on Arcteryx.com. The images you shared using one of the above hashtags are now in a cue waiting for approval and will go live on our site soon, as long as you agree. Your images will show up on a product page that is most appropriately matched. We call this ‘User Generated Content’ and we are using this to show other guests how you use our products and maybe help guide them in their purchases. We also love to celebrate our customers and this is a great way for us to share your adventures.
For further information, visit the Olapic Trust Page.
RIGHTS MANAGEMENT TERMS OF SERVICE
As between you and us, you own all content and information you post or share that utilizes the hashtag #arcteryx , #showusyourbird, or #defineFEMININE using the Site or otherwise provided to Arc’teryx, including, but not limited to your name, likeness, comments, photos, videos and other media (referred to as “User Content”).
You give ARC’TERYX Equipment, a Division of Amer Sports Canada Inc., its successors, assigns, and designees (collectively referred to as “Arc’teryx”, “we”, or “us”) permission to use your User Content as follows: you grant to Arc’teryx a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other Arc’teryx global digital marketing purposes including, without limitation, in Arc’teryx websites, email and other customer communications, and other media whether now known or developed in the future. You agree that we may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Arc’teryx or the Site. You grant us a license to your User Content that is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. You also grant us a license to your User Content that is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise these rights to your User Content anywhere in the world. Finally, our license is irrevocable and perpetual, meaning that the license you grant us to your User Content cannot be revoked and lasts for an indefinite period of time.
You promise, warrant and represent that:
You own all rights to your User Content or, alternatively, that you have the right to give Arc’teryx the rights described above;
You have permission to use the name and likeness of any other person shown in the User Content;
You have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
You will indemnify, defend and hold Arc’teryx, its directors, officers, employees, shareholders, parent, affiliates, and agents against any losses, liabilities, claims expenses (including attorney’s fees) arising out of your breach of any representation or warranty as stated above, any third party claim regarding the use by Arc’teryx of your User Content, or any action taken by you that is inconsistent with the rights granted as described above.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site for any reason. We are under no circumstances required to use or obligated to use your User Content.
Copyright and Intellectual Property Policy
If you believe that a user of the Site has infringed on your intellectual property rights, or if we have taken down your materials due to suspicion of copyright infringement, and you would like to dispute the alleged infringement, please notify us in writing, by email or mail to our designated agent listed below.
Copyright and Intellectual Property Policy
Notice of Copyright or Intellectual Property Infringement
We respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the Site has infringed your intellectual property rights.
To be effective, the notification should include:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the claimed infringing material and information reasonably sufficient to permit Arc’teryx to locate the material on the Site;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Site without liability.
Counter-Notice by Accused User
If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by email or mail to our designated agent below. That written communication should include the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the jurisdiction of British Columbia, Canada, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
Please send all notices under the above copyright infringement policies by email or mail to the following individual, designated as the Arc’teryx agent for receipt of notifications of claimed infringement:
Andre C. Pabarue
Amer Sports Americas
8750 W Bryn Mawr Ave.
Chicago, IL 60631
Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice.