Submit Your Story Terms and Conditions

 

CUSTOMER RATINGS AND REVIEWS TERMS OF USE

These terms of use are entered into between You and Otter Products, LLC (“Company” “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “CRR Terms of Use”), govern your access to and use of the Customer Ratings and Review Service (“CRR Service”) offered by Company, including any content, functionality, and services associated with the CRR Service on or through www.otterbox.com (the “Website”), whether as a guest or a registered user.

Please read the CRR Terms of Use carefully prior to using the CRR Service. By using the CRR Service or by clicking to accept or agree to these CRR Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these CRR Terms of Use, our Privacy Policy, found at https://www.otterbox.com/en-us/privacy-policy.html, and our Website Terms of Use, found at https://www.otterbox.com/en-us/terms.html. To the extent that these CRR Terms of Use conflict with our Privacy Policy or our Website Terms of Use, these CRR Terms of Use will control with respect to the CRR Service. If you do not want to agree to these CRR Terms of Use, the Privacy Policy, or the Website Terms of Use, you must not access or use the CRR Service or the Website.

The CRR Service is offered and available to users who 16 years of age or older. By using the CRR Service, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the CRR Service.

User Contributions

Any content that you post, submit, publish, display, or transmit to Company, other users, or other persons, including, but not limited to, product reviews, stories, pictures, and any nickname you associate with any of the foregoing (collectively, “User Contributions”) on or through the CRR Service must comply with the Content Standards set out in these CRR Terms of Use.

If you do not wish for your real name to be posted publicly, we encourage you to use a unique nickname.

Any User Contribution you post through the CRR Service will be considered nonconfidential and nonproprietary, provided that any personal information you provide in connection with registering with the CRR Service is governed by our Privacy Policy, as more fully explained below.

By submitting any User Contribution through the CRR Service, you grant Company and its affiliates and service providers, and each of their respective licensees, successors, and assigns the right to use, reproduce, edit, modify, perform, display, distribute, and otherwise disclose to third parties any such material in perpetuity throughout the universe in any medium or format whatsoever, on any platform, and for any purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of Company and its affiliates and their businesses, products, and services, without further consent from, or royalty, payment, or other compensation to you or any third party. You further hereby represent and warrant that:

  • You own or control all rights in and to your User Contribution(s) and have the right to grant the license granted above to Company and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these CRR Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Company, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, nor liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the CRR Service.

If you would like to modify or delete your User Contribution, please email privacy@otterbox.com with the details of your request. In some cases, we may not be able to edit or delete all such content, for example, your nickname or product review from all derivative works created that we have already published. However, if you withdraw your consent for Company to use any User Contribution, we will not use this information in future advertisements or publications.

Content Standards

The following “Content Standards” apply to any and all User Contributions and use of the CRR Service. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any information that is known by you to be false, inaccurate, or misleading, or that would otherwise be likely to deceive any person.
  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, gender, sexual orientation, age, or any other protected class.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these CRR Terms of Use, our Privacy Policy, or our Website Terms of Use.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that they emanate from or are endorsed by Company or any other person or entity, if this is not the case.

Prohibited Uses

You may use the CRR Service only for lawful purposes and in accordance with these CRR Terms of Use. You agree not to use the CRR Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Content Standards set out in these CRR Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the CRR Service, or which, as determined by us, may harm the Company or users of the CRR Service or the Website or expose them to liability.
  • To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • In any manner that could disable, overburden, damage, or impair the CRR Service or the website or interfere with any other party’s use of the Website, or otherwise attempt to interfere with the proper working of the CRR Service or the Website.

Reliance on Information Posted

The information presented on or through the CRR Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the CRR Service and the Website, or by anyone who may be informed of any of its contents. The CRR Service includes content provided by third parties, including materials provided by other users. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Monitoring and Enforcement; Termination

Company has the right to:

  • Remove or refuse to post any User Contributions, in whole or in part, for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the CRR Terms of Use, including the Content Standards, infringes any intellectual property right, or any other right of any person or entity, threatens the personal safety of users of the CRR Service, the Website, or the public, or could create liability for Company.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the CRR Service or the Website.
  • Terminate or suspend your access to all or part of the CRR Service or Website for any or no reason, including without limitation, any violation of these CRR Terms of Use.

Notwithstanding the foregoing, Company does not review all material before it is posted through the CRR Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Information about You and Your Use of the CRR Service

To access the CRR Service or some of the resources it offers, you may be asked to provide certain registration details or other personal information including, but not limited to, your name, your hobbies, and your email address. You agree that all personal information you provide to register with the CRR Service is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you do not wish for your real name to be posted publicly, we encourage you to use a unique nickname. If you believe that a third party has provided us with your personal information and you no longer wish us to possess your information, you may request deletion of your information by emailing us at privacy@otterbox.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

For more information regarding our privacy practices, please refer to our Privacy Policy.

Release and Indemnification

To the fullest extent permitted by applicable law, you: (a) irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including, but not limited to, claims for infringement of moral rights, libel, defamation, invasion of any rights of privacy or publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from your use of the CRR Service, including, without limitation, your submission of User Contributions; (b) covenant not to make or bring any such Claim against Company and its affiliates, successors, or assigns, their respective licensees, and each of their respective employees, members, officers, directors, managers and agents (collectively “Releasees”), and (c) forever release and discharge Releasees from liability under such Claims. You further agree to defend, indemnify, and hold harmless Releasees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these CRR Terms of Use or your use of the CRR Service and Website, including, but not limited to, submission of User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these CRR Terms of Use or your use of any information obtained from the CRR Service or the Website.