Global Terms

Updated January 5, 2022

User Generated Content (Images)

"User Generated Content" means comments, photos, videos, handles, and other content you post or share on a social media platform and by tagging or using a TOMS handle or hashtag.

By posting, distributing, sending or displaying User Generated Content, you are granting to TOMS a limited, non-exclusive, royalty-free, perpetual, transferable, fully paid-up, worldwide, and sublicenseable right to use, modify, reproduce, distribute, publicly display and publicly perform your User Generated Content in any and all digital media now known or hereinafter developed (including digital and email marketing) without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Generated Content, for TOMS' marketing purposes. This license is perpetual, meaning that the license lasts for an indefinite period of time. You continue to retain all ownership rights in your User Generated Content, and you continue to have the right to use your User Generated Content in any way you choose, subject to these terms and the license described herein.

You represent and warrant that you own the content submitted, displayed, published or posted by you and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and TOMS use thereof does not and will not infringe or otherwise violate the privacy rights, publicity rights, copyright, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

User Generated Content submitted by you is deemed non-confidential and TOMS is under no obligation to treat such User Generated Content as proprietary information. TOMS is under no obligation to accept or transmit User Generated Content and can remove User Generated Content from its media for any reason at any time.

Copyright Compliant Policy; Infringement Notification

If you believe in good faith that certain User Generated Content on our website infringes your copyright rights, please provide the written information requested below. The procedure outlined below is exclusively for notifying TOMS that your copyrighted material has been infringed.

Please provide the following information in the following order:

1. A clear identification of the copyrighted work you claim was infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including your name, address, email address and telephone number.
4. Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. This information and notification is accurate. Under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
5. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.