TERMS AND CONDITIONS
LAST UPDATE: 07/16/2018


ACCEPTANCE OF THE TERMS OF USE AND GENERAL USAGE INFORMATION
The following terms ("Terms of Use") constitute an agreement between This Generation, LLC ("This Generation"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by This Generation ("Website"), located at all URLS associated with www.this-generation.com.

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. This Generation reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.


PHOTO USAGE
The Website features interviews that contains images that are owned by third parties. All interview subjects represent and warrant that they have the sublicensable right to display such photos and thereby grant a license to display such images within their interviews on the Website. If you are under the impression that your copyright is being infringed by any content on the Website, please notify This Generation in accordance with the Takedown Policies noted herein and we will promptly address any concerns.

This Generation will do its best to ensure that all Creative Directors, Photographers, Stylists, Makeup Artists, and Hairstylists are credited; however, this may not always be possible. We are also open to crediting other team members, such as Production, Lighting, Retouching, Stylists assistants, etc.

Please send all credit requests to: info@this-generation.com


TAKEDOWN REQUESTS
The Website will publish images, owned by third-parties, alongside interviews to display the work of the Photographer, Creative Director, Stylist, Makeup Artist, Hair Stylist, or other team member, who is being interviewed.

As stated herein, the Website has received permission to publish all images on the Website by the interviewee, who represents that they have the license to distribute said images. If you are under the impression that your copyright is being infringed by any content on the Website, please notify This Generation in accordance with the Takedown Policies noted herein and we will promptly address any concerns.

Tate VanderPoel Smith
22 Barnard Street
Suite 210
Savannah GA 31401

info@this-generation.com

Please include the following in any takedown requests:

  • a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • an 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 about where the material that is claimed to be infringing is found on the Website reasonably sufficient to permit THIS GENERATION to locate such material;

  • information reasonably sufficient to permit This Generation to contact you, such as an address, telephone number, and email address at which the you may be contacted;

  • a statement that the you 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;

  • and, a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We do our best efforts to respond to all takedown requests promptly.


INTERVIEWEE AGREEMENT
The Website features interviews with individuals in the fashion industry (“Interviewees”). As an Interviewee, you represent and warrant that:

  • The information provided to This Generation is accurate and will not infringe on the rights of any third parties;

  • You are in compliance with all photo usage rights on the Website;

  • You grant the right to This Generation to distribute the interview and photos within the interview via all Social Media channels.


AFFILIATE MARKETING
The Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

This Generation is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.


FTC DISCLOSURE
The Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with This Generation to create content featuring certain messages or product placement. Pursuant to the FTC's requirements, all such advertisements on the Website are clearly and conspicuously disclosed.

Even though compensation (e.g., cash, free product, or services) is received for in exchange for this sponsored content placement, This Generation gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.


DISCLAIMER
This Generation has made every effort to ensure that all information on the Website has been tested for accuracy but all information on the Website is intended for general use and we are not liable for any inaccurate information. This Generation makes no guarantees regarding the results that you will see from using the information provided on the Website. All data is presented as is, using this is using this as is, not factual.
We are not associated with any third-party companies mentioned in interviews, these are only the interviewees said experiences.

The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website or a third-party organization affiliated with This Generation. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.

This Generation has made every effort to ensure that all business information, including but not limited to any references to technology, business methodology, or career development information provided on the Website has been tested for accuracy. There is no guarantee that you will see positive results to your business or career using the techniques and information provided on the Website. This Generation assumes no responsibility for your decisions or for policies or practices that you implement based on information on the Website.

Any statements related to income or earnings potential on the Website are examples of what may be possible in the future. This Generation make no guarantees regarding results, present or future. This Generation is not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided on the Website.

All information on the Website is provided for informational purposes only.


YOUR RESPONSIBILITY
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. This Generation makes no representations, warranties or guarantees. You understand that results may vary from person to person. This Generation assumes no responsibility for errors or omissions that may appear in the Website.

USE OF THE WEBSITE
Unless otherwise stated, This Generation owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;

  • Sale, rental or sub-license of any content from the Website;

  • Reproduction or duplication of any content on the Website for commercial purposes;

  • Modification of any content on this website, unless content is specifically and expressly made available for modification;

Redistribution of content of the Website, unless content is specifically and expressly
made available for redistribution. Users are permitted to share content on social media
channels, as long as a link to the Website is included.

The Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of This Generation's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to This Generation as well as a link back to the Website.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without This Generation's express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications. You must not use the Website for any third-party marketing without This Generation's express written permission.


FAIR USE
As stated above, all images on the Website are used with permission of the Interviewee
featured. Additionally, images posted are believed to be posted within our rights according to
U.S. Copyright Fair Use Act (Title 17, Section 107).


COPYRIGHT
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by This Generation or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.


TRADEMARKS
This Generation's trademarks and trade dress may not be used in connection with any product or service that is not This Generation's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits the Website or This Generation, LLC.

The Website will legally utilize trademarks owned by third parties related to This Generation’s services. These trademarks are the respective property of their owners.


GRANT OF RIGHTS
You grant This Generation a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, creative derivative works, perform, play, make available to the public, anthologize, and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant This Generation the right to sub-license these rights and the right to bring an action for infringement of these rights.


CONTENT CONTRIBUTED TO THE WEBSITE
You represent and warrant that any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, is not illegal or unlawful, does not infringe on any third-party's legal rights, and is not capable of giving rise to legal action whether against you or This Generation or a third party.

This Generation reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on This Generation's servers; or, (iii) hosted or published on the Website. This Generation takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding This Generation's rights under the Terms of Use, This Generation does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.


COMMUNICATION
If you send This Generation an email, register to use the Website or provide your email to This Generation in any other way, you consent to receive communications from This Generation electronically. Additionally, if you submit any communication to This Generation, you agree that This Generation owns such submissions and can use your submission in any way. You agree that all legal notices provided via electronic means from This Generation satisfy any requirement for written notice.


THIRD PARTIES
The Website contains links to third-party websites that are not governed or controlled by This Generation. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. This Generation assumes no control or liability over the content of any third-party sites. You expressly hold harmless This Generation from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold This Generation harmless from any and all liability in any dispute.


NO WARRANTIES
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED. THIS GENERATION MAKES NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THE WEBSITE OR THE INFORMATION AND MATERIALS PROVIDED THEREIN.
THIS GENERATION MAKES NO WARRANTY THE WEBSITE WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE UNINTERRUPTED; TIMELY AND FREE OF VIRUSES OR BUGS; OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, AND RELIABILITY OF THE WEBSITE. THIS GENERATION IS NOT RESPONSIBLE TO YOU FOR THE LOSS OF ANY CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE WEBSITE. THE WEBSITE DOES NOT GUARANTEE THE SAFETY OR SECURITY OF ANY INFORMATION YOU SUBMIT TO THE WEBSITE. THE WEBSITE IS WRITTEN IN ENGLISH AND MAKES NO WARRANTY REGARDING TRANSLATION OR INTERPRETATION OF CONTENT IN ANY LANGUAGE.


LIMITATION OF LIABILITY
THIS GENERATION WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


INDEMNITY
You agree to defend, indemnify and hold This Generation, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which This Generation suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage
arising out of, or relating to, your obligations hereunder.


ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of Georgia. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Savannah County, Georgia. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.


CHOICE OF LAW
These Terms of Use shall be governed by the laws of the State of Georgia without regard to its conflict of laws doctrine, and applicable federal laws of the United States of America.


HEADINGS
The headings and subheadings in these Terms of Use are for convenience only, confirm no rights or obligations, and do not alter any provision in the Terms of Use.


MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the
remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without This Generation's prior written consent, however, the Terms of Use may be assigned by This Generation in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by This Generation.

All notices with respect to the Terms of Use must be in writing and may be via email to
info@this-generation.com for This Generation and to your email address.