Morrison Community Terms and Conditions

Morrison Clothing, S.L., a Spanish company with its registered office at C/ Sancho Dávila, 15, 2o 2 28028 Madrid, Spain, with tax identification number C.I.F B87588430, hereinafter referred to as “Morrison Shoes,” offers users the possibility to sign up and, if selected, to provide images, comments, videos, and other content (hereinafter, the “Content”) for the use by Morrison Shoes (the “Use of Content”), all subject to the mechanics, conditions, limitations, and other aspects regulated in these Terms and Conditions (the “T&C”). The Use of Content, in addition to all aspects regulated herein, will be subject to the prior acceptance, through a positive action, of the referred T&C.

1. Terms and Conditions and acceptance 1.1 The Use of Content will be governed by the stipulations of these T&C.

1.2 “Content” means at least one publication on Instagram's feed.

1.3 To enable the use of the Content, you must read and accept these T&C. Full acceptance of these T&C will occur once you are selected by Morrison Shoes.

1.4 For the use of the Content by Morrison Shoes, it must be:

1.3.1 Published by users on their Instagram profiles, depending on the option chosen at the time of registration, and be contacted by Morrison Shoes through this.

1.3.2 Under the #MorrisonLovers in contents where Morrison Shoes products are visible on Instagram.

1.5 The Use of Content will not constitute any type of contractual relationship between Morrison Shoes and you.

1.6 The possibility of being selected by Morrison Shoes to send product in exchange for content is reserved for users who meet the brand's requirements and for those residing in Peninsular Spain.

2. Participation mechanics

2.1 Contents under the #MorrisonLovers

2.1.1 The Content must show garments or accessories of Morrison Shoes or people wearing at least one main garment or main accessories of Morrison Shoes. Main garments understood as sneakers, T-shirts, jackets, overshirts, or sweatshirts. And as main accessories, hats and caps.

2.1.2 You may be selected by providing Content linked to the Morrison Shoes world through your publication on Instagram. Once published, Morrison Shoes will ask for your permission to make Use of the Content through the hashtag #MorrisonLovers, which will require prior reading and acceptance of the mentioned Terms and Conditions and the processing of your personal data in accordance with them.

2.1.3 Uploading content under the #MorrisonLovers does not guarantee being selected to be part of Morrison Community. The selection of profiles and content will be under the criteria of the @morrisonshoes Instagram account holder.

2.1.4 The Content that you have authorized us to use will have been previously selected at our sole discretion, without thereby having the obligation to use all or some of the Contents in question. Morrison Shoes reserves the right to add or delete text, as well as to edit graphic materials and to reject, suspend, cancel or delete the publication of your Content on Morrison Shoes channels.

2.1.5 In case the Content is selected, this means that the Content will be shown or appear on the website, the mobile application, the official profiles on social networks, the newsletters that may be sent, and on the digital and physical supports (such as in-store screens) or other promotional material fixed or related to the sale of Morrison Shoes brand products through Morrison Shoes sales points (hereinafter, the “Media”).

2.1.6 We recommend that you carefully read the Terms of Use of the social networks where you have published the Content, which you can access through them.

2.1.7 By accepting the Use of Content through the mechanism contained in these T&C, you expressly agree and consent that the Content may be used by Morrison Shoes.

2.2 Registration to our form

2.2.1 Morrison Shoes will open the possibility to sign up for Morrison Community to all those users who do not already have brand products. Through this landing, registration must be done with all the requested data.

2.2.2 The fact of registration does not guarantee being selected to be part of Morrison Community. The selection of profiles will be under the criteria of the @morrisonshoes Instagram account holder.

2.2.3 If you are selected, Morrison Shoes will contact you to proceed with the selection of products for shipment. The products to be chosen by the user will be informed by Morrison Shoes at the time of contact.

2.2.4 Once the product is received, there will be a period of 15 natural days to upload the content to the agreed social network. If not, the user commits to paying the total price of the products and shipping costs.

2.2.5 The Content must show garments or accessories of Morrison Shoes or people wearing at least one main garment or main accessories of Morrison Shoes. Main garments understood as sneakers, T-shirts, jackets, overshirts, or sweatshirts. And as main accessories, hats, and caps.

3. Age of majority

The pre-selection and subsequent acceptance of Use of Content that Morrison Shoes will request for acceptance by users is reserved for those users over 18 years of age and the inclusion of minors under 18 years in the Content is strictly prohibited. By accepting these Terms and Conditions, you declare that you are over 18 years old and fully responsible for that declaration.

4. Modification of the Terms and Conditions

Morrison Shoes expressly reserves the right to modify these Terms and Conditions without prior notice. You acknowledge and agree that it is your responsibility to review the Terms and Conditions, which will be available at XXX.

5. Representations and warranties about the Content

5.1 Hereby you guarantee and undertake to:

  • That the Content you authorize Morrison Shoes to use (i) do not show the image of any third party other than you, without having the consent of the third party in question; (ii) do not reproduce any work created by third parties, without having the consent of the third parties in question; (iii) do not reproduce third-party products, trademarks, trade names, or other industrial property rights, without having the consent of the latter; and (iv) do not show or reproduce the image of minors, except in the case that the corresponding Content were presented by the father, mother, guardian, or legal representative of the minor.

  • That the Content you authorize Morrison Shoes to use does not infringe the rights (including, for example, intellectual property rights, industrial property rights, the right to one's own image or to personal privacy, or any other rights) or interests of third parties, nor any applicable standard or regulation (international, Spanish, or any other).

  • The Content you authorize Morrison Shoes to use does not contain any element that may be considered offensive or discriminatory (whether on grounds of race, religion, gender, sexual orientation, political or trade union affiliation), illegal, threatening, libelous, defamatory, obscene, pornographic, or indecent, or in any other way inappropriate; that they do not constitute or encourage conduct that could be considered criminal or contrary to the law; that they do not contain any inappropriate element or contrary to good customs and public order; that their deliberate purpose is not to annoy other users and that the comments that may accompany the Content are not defamatory or derogatory towards Morrison Shoes or any third party.

  • That the Content does not constitute or contain any computer virus, worm, Trojan horse, commercial solicitation, chain letters, mass mailings, or any other form of junk communication (spam) or any other contaminating elements including, without limitation, executable codes or files that may or could be used to access, modify, delete, or damage the system or computer equipment (software and hardware) of Morrison Shoes and/or third parties, or the electronic documents and files stored in such system or computer equipment.

5.2.- You commit to indemnify Morrison Shoes, any of its parent companies, and all companies controlled by or under common control of Morrison Shoes and its subsidiaries and their respective directors, officers, shareholders, workers, and agents, for any loss, claim, liability including good faith negotiated transactional agreements, and damages, harms, costs, and expenses (including reasonable attorney fees) arising from the breach of any of the representations and warranties related to the Content set forth in the preceding clause 5.1.

6. Limitation of warranties and liabilities

6.1 Morrison Shoes will not be responsible for any content created, published, and/or made available by users, except in those extremes required by Law.

6.2 Likewise, the Content that appears in the Media may include opinions, statements, and other content from third parties. Although Morrison Shoes commits to make its best efforts to avoid any error or inaccuracy in the Content, we are not responsible for them, as well as for those opinions, comments, appreciations, or any other manifestation included in them that are not directly issued by Morrison Shoes. We are also not responsible for reviewing, monitoring, or verifying such content nor the accuracy and reliability of the same, nor to guarantee that they comply with applicable legislation. The opinions, statements, or other materials made available by third parties do not correspond to Morrison Shoes but to such third parties, and Morrison Shoes does not endorse such opinions, statements, or materials.

The person identified in each case as the one who has provided the Content is responsible for the same. You acknowledge and agree that we have no control nor will assume any responsibility for any possible damages and harms, direct, indirect, incidental, or consequential, that result from the use or misuse by third parties of the information incorporated in the Media.

6.4 In this sense, Morrison Shoes will not be responsible for user Content when it does not have effective knowledge that the information stored is unlawful or injures goods or rights of a third party susceptible to compensation. At the moment Morrison Shoes has effective knowledge of storing data as previously referred, it commits to act diligently to remove them or make their access impossible.

6.5 Likewise, Morrison Shoes reserves the right to unilaterally remove the Content hosted in any of the Media, when it deems that they contravene these Terms and Conditions, when there are indications that the Content infringes any legal provision, violates the rights of third parties, are considered harmful, or are used for advertising purposes (spam), as well as when Morrison Shoes deems it appropriate.

7. Intellectual and Industrial Property and assignment of rights to third parties

7.1 By using the #MorrisonLovers and/or signing up for the Morrison Community form, you accept these terms and conditions and grant in favor of Morrison Shoes, a free, worldwide license, for the maximum period of legal protection provided and with the faculty of assignment to third parties, over all exploitation rights (intellectual, industrial, image, or any other nature), including the rights of reproduction, distribution, public communication, transformation, and making available, over all the said Content, for the purposes of its commercial exploitation and/or for advertising purposes, directly or through third parties, in and/or through all supports, media, formats, and forms of exploitation, dissemination, public communication, making available, or distribution, currently known or that exist in the future, among which include, merely by way of example, the following:

(a) Telecommunication networks: by using the Content in any global communication network and/or digital data transmission (wired, wireless, or any other type) such as, for example, mobile telephony networks or the Internet, which includes profiles on social networks (such as "Instagram", "TikTok", "Facebook", "Youtube", "Twitter", among others), sites or web pages owned or under direct or indirect control of Morrison Shoes, as well as by using the Content for advertising purposes in and/or through digital media such as banners, newsletters, or other online advertising spaces.

(b) Points of sale, labeling, and digital supports: by the total or partial inclusion of the Content by Morrison Shoes or any authorized third party of it, in screens, TV/computer monitors, and similar devices, catalogs, brochures, posters, presentations, covers, displays, projections, showcases, posters, canvases, billboards, both inside and outside all Morrison Shoes points of sale or shopping centers and/or buildings that include Morrison Shoes points of sale, on labels, and in digital supports or other promotional material fixed or related to the sale of the Products through the Morrison Shoes points of sale.

(c) Others: by the inclusion of the Content (for informational purposes or any other legitimate purposes), by Morrison Shoes or any third party authorized by it, in news or reports published in newspapers, magazines, public presentations related to Morrison Shoes, or any other type of publication and/or written and/or digital medium.

For clarification purposes, under the foregoing among other possible uses, Morrison Shoes, directly or through third parties, will be authorized to: (1) publish the Content on its official profiles on social networks; (2) publish the Content on the websites of the Morrison Shoes points of sale (including the website www.morrisonshoes.com), provide on those websites tools (such as "share on" tools) through which Internet users may publish, reproduce, share, or electronically link the Content, on or through the spaces and/or pages that such users may have on social networks (such as, for example, "Instagram", "TikTok", "Facebook", "Youtube", "Twitter", among others) and similar online social interaction services, and (3) allow the download for private purposes of the Content by such Internet users.

7.2 You acknowledge that all intellectual and industrial property rights over the Morrison Shoes brand and over the Morrison Shoes products that may appear in the Content are owned by Morrison Shoes and you do not obtain any assignment of rights over them.

8. Data protection

The personal data that users provide, including those that may arise from the content through the procedure described in these Terms and Conditions, will be used by Morrison Shoes as the Data Controller, as well as by the companies that appear as owners of the websites in the different countries in which participation in the Program is carried out to manage the user's participation in this Program and its development.

To fulfill the indicated purposes, it is necessary that we give access to the personal data of the users to Morrison Shoes and to third parties that support us in the services we offer, such as technological services or user content generation services.

The personal data of the users will be kept during the period of validity of these Terms and Conditions unless the users revoke the authorization provided.

The user may exercise at any time their rights of access, rectification, deletion, limitation of processing, and portability, by sending a written communication, to the email address info@morrisonshoes.com, indicating "Image" and their country in the subject of the email. If necessary, we may require additional information to identify you as a user.

In the event that users wish to revoke the authorization for the use of their image, they may do so using the content deletion procedure contemplated in section 10 of these Terms and Conditions.

Finally, we inform you that you may contact the Data Protection Officer for any query related to data protection by writing an email to info@morrisonshoes.com and we inform you of your right to file a complaint with the relevant data protection control authority: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_es

For more information on the use of your data, consult the Morrison Shoes privacy policy available at www.morrisonshoes.com

9. Confidentiality

During the period of validity of these Terms and Conditions and for a period of two (2) years from the end of the same, neither party may disclose Confidential Information of the other party to third parties without the prior written consent of the other party. Information that was publicly known without there being any breach by any of the parties or that had been (i) independently developed without access to the "Confidential Information" of the other party; (ii) lawfully received from a third party; or (iii) required to be disclosed under Law, judicial requirement, or competent authority.

10. Content deletion

You may request the deletion of the content generated by you by addressing the email address reme@morrisonshoes.com.

The deletion of the content will be carried out automatically from the receipt and processing of your request, although the material may still be visible for approximately 7 working days thereafter. Without prejudice to the foregoing, the Content that was already available to the public on any type of social network as a result of the use of the Content carried out on such social network during the period of time between consent and the correct request for deletion of the Content, may remain indefinitely in that situation, although in no case will new uses of the Content be initiated.

11. Jurisdiction and applicable law

All issues that arise between Morrison Shoes and you relating to the interpretation, compliance, and validity of the Terms and Conditions will be governed by its own clauses and, in what is not provided for in them, in accordance with Spanish legislation, expressly submitting the parties to the jurisdiction of the Courts and Tribunals of the user's domicile.

BASIC INFORMATION ON DATA PROTECTION

Data controller: Morrison Clothing, S.L

Purpose and basis of legitimacy: if you agree, we will publish your photograph along with your personal data (e.g., social network username) on the social network profiles of Morrison Shoes and the websites of the countries in which Morrison Shoes operates. The legal basis for the processing of your data is the execution of the conditions established in these Legal Bases

Recipients of the data: we share your data with service providers and collaborators inside and outside the European Union that support us in sending information, and we do so with appropriate guarantees and keeping your data secure.

Rights: You have the right to access, rectify, or delete your personal data, in addition to other rights as we explain in clause 8 of this document.

Additional information: for more information, consult clause 8 of this document and the Morrison Shoes Privacy Policy available at https://morrisonshoes.com/policies/privacy-policy