When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on or to macys.com or any other website, microsite, or any other internet property owned, operated or sponsored by Macy's (collectively "Macy's Web Properties"), you are entirely responsible for such User Content. Such User Content constitutes a Submission as defined below. This means that you, and not Macy's, Inc. or its affiliates (collectively, "Macy's"), are entirely responsible for all User Content that you post to any Macy's Web Properties. All users of Macy's Web Properties agree that their access to and use of any Macy's Web Properties are subject to this User Generated Content Policy and all applicable laws, and that any such access or use is undertaken at the user's own risk. The terms of this User Generated Content Policy are subject to change at any time without prior notice. Any such changes will be reflected on the User Generated Content Policy page of the macys.com website.
Any inquiries, feedback, suggestions, ideas or other information or User Content you provide us, including submitting your name, social media handle, any accompanying text, and an image or images from your Twitter™, Instagram™ or other social media site account(s), using hashtag #macyslove, #macysbeauty, #beautyscene, and/or #macysbeautybox (collectively, "Submissions") will be treated as non-proprietary and non-confidential. For good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, by uploading, posting, e-mailing or otherwise submitting Submissions to any of the Macy's Web Properties, you grant, and you represent and warrant that you have the right to grant, to Macy's an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, display, reproduce, edit, distribute, copy, edit, change, modify, add to, subtract from and otherwise exploit the Submissions, or any portion thereof, in any manner (including without limitation promotional and advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any compensation to you or to any third party.
You also acknowledge that your Submissions will not be returned and Macy's may use your Submissions, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. By making a Submission, you hereby warrant that your Submission is your original creation, has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work and the Submission does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations. You also warrant and represent that each person in the Submission has given their written permission and consent to be included in the Submission and displayed publicly on Macy's Web Properties and other Macy's social media sites and marketing materials and advertising and that you shall furnish such permission and consents promptly to Macy's upon request. You agree to indemnify Macy's and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission. You further agree to indemnify and hold Macy's, its officers, directors, and employees (collectively the "Releasees") harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs, including reasonable attorney's fees, liabilities, verdicts, judgments and settlements) arising out of use of a Submission or any breach of your representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy. Upon submission of Submission you hereby release Macy's and Releasees from, and irrevocably waive, any and all claims that Macy's use of your Photo with or without your name, including but not limited to use on Macy's Web Properties, infringes or violates my rights in your Submission or any work or material contained in your Submission.
Instagram ™, Twitter ™, and other similar social media forums are registered trademarks of their respective companies and not affiliated with Macy's, Inc. or macys.com. Any submission via these or other similar social media sites are subject to all ruled and regulations of such sites. If you choose to submit your photo via mobile phone, standard data rates may apply.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER MACY'S NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES EVEN IF MACY'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE MACY'S WEB PROPERTIES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Macy's Web Properties, User Content that is, or which encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; you do not have a right to make available under any law or under contractual or fiduciary relationships; is known by you to be false, inaccurate or misleading; you were compensated for or granted any consideration by any third party; contains restricted or hidden content; or infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party.
While Macy's allows users to post User Content, including images and comments, to Macy's Web Properties, you should be aware that User Content is not reviewed by Macy's before posting and does not necessarily reflect the views of Macy's.
All User Content must be appropriate for a family audience. Any User Content may be removed by Macy's from the Macy's Web Properties at any time and for any reason.
When you submit, post, or otherwise transmit User Content to any Macy's Web Properties you alone are responsible for insuring you have the rights to post that User Content, including, but not limited to, any copyright rights to images or music, and the right to publish the images of the people or items included in the User Content.
Please note that any User Content posted to any Macy's Web Properties may be used by Macy's for commercial purposes and may be copied or exported from any of the Macy's Web Properties and published elsewhere on the internet, including on any social media sites, or otherwise so please exercise discretion in deciding what to post on any of the Macy's Web Properties.
Be aware that Macy's has no control over User Content once it leaves Macy's Web Properties, and it is possible that others may duplicate material found on Macy's Web Properties, including, but not limited to, on other sites on the Internet, including on any social media sites, so please exercise discretion in deciding what to post on any of the Macy's Web Properties.
You further agree not to post any content or mechanism that attempts to gain access to restricted areas of any of Macy's Web Properties, collect or solicit passwords or personal information from other users, or engage in commercial activities via any of Macy's Web Properties.
In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law; or collect or store personally identifiable data about other users.
Macy's does not endorse or control the User Content transmitted or posted on the Macy's Web Properties and therefore, Macy's does not guarantee the accuracy, integrity or quality of User Content. You understand that by using this, or any other of the Macy's Web Properties, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Macy's be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Macy's Web Properties.
You acknowledge that Macy's has the right - though not the obligation - in our sole discretion to refuse to post or remove any User Content and it reserves the right to change, condense, edit, modify, transmit, display, or delete any User Content and you waive any rights you have in having the material altered or changed in a manner not agreeable to you. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Macy's has the right to remove any User Content that violates this User Generated Content Policy or is otherwise objectionable and, solely as to the posting of content, it reserves the right to terminate access to submit UGC to Macy's Web Properties without prior notice for any user who violates this User Generated Content Policy or infringes the rights of others. Please note that any such termination will not affect your ability to make purchases, returns, or otherwise interact with the services Macy's provides.
Macy's respects the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Copyright Agent, c/o Macy's Law Department, 11th Floor, 11 Penn Plaza New York, NY 10001 or to [email protected] . This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Macy's Sites and can be found http://www1.macys.com/service/contact/ . Any personal information you provide in your e-mail will be used only for purposes related to your e-mail. While Macy's strives to make Macy's Web Properties safe and positive places, they remain public forums, and other users may attempt to obtain personal information about you in order to harass or injure you. By using the Macy's Web Properties you acknowledge and agree that Macy's is not responsible for others' misuse of information publicly disclosed here. Please carefully select the type of information that you post or share, and report any abuses to us.
VIDEO UPLOAD INSTRUCTIONS
You may upload video files of the following types: mov, avi, wmv and mp4. The maximum allowed size is 20 MB
IMAGE UPLOAD INSTRUCTIONS
Supported image formats include png, jpg and non-animated gif. Uploaded content can be a maximum of 5MB in size.