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Content Usage Terms

SUBMITTED CONTENT USAGE TERMS

Last updated: August 19, 2020

1.You represent and warrant that you are at least 18 years old.

We may offer a wide range of Zappos Services, and sometimes additional terms may apply. When you use a Zappos Service (for example, Zappos mobile applications) you also will be subject to the guidelines, terms and agreements applicable to that particular Zappos Service ("Service Terms"). If any Service Terms are inconsistent with these Conditions of Use, the Service Terms will control.

2.You grant to Zappos IP LLC and its affiliates ("Zappos") and its sublicensees a nonexclusive, royalty-free, perpetual, revocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your content throughout the world in any media. You also grant to Zappos and its sublicensees the right to use the name and social media user profile associated with your content. For purposes of this agreement, “content” means photographs, text, graphics, moving images, sound, illustrations or any other materials, including any associated metadata or location information made available by or through the social media platforms from which we access your content.

3.You represent and warrant that you own or otherwise control all of the rights to your content; that the content is accurate; that use of the content you supply will not cause injury to any person or entity; and that you will indemnify Zappos for all claims resulting from content you supply. Zappos takes no responsibility and assumes no liability for any content you supply.

4.You understand that you will not be paid for Zappos’ use of your content.

5.Zappos respects the intellectual property of others. If you want Zappos to stop using your content, please submit a request to infringement@zappos.com with the following information: Social Network, User Name, and URL of the photo or video you would like removed, and we will stop using your content within 30 days. If you believe that your content has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

6.We may amend this agreement at our sole discretion by posting the revised terms on this site (https://www.zappos.com/e/content-usage-terms) or its successor. Any amendment will be effective upon the posting of the revised terms. If any amendment is unacceptable to you, your only recourse is to request that we stop using your content as described above.

7.This is the entire agreement between you and Zappos in relation to your content.

8.Any dispute or claim relating in any way to your content will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent CSC Services of Nevada, Inc., 2215-B Renaissance Drive, Las Vegas, NV 89119. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Zappos will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or Zappos may bring suit in court to enjoin infringement or other misuse of intellectual property rights.