UGC Terms

These UGC Terms apply to any content you directly or indirectly provide to us for possible or actual use, including, without limitation:

• photos;
• videos;
• Reels;
• Stories;
• posts;
• reviews;
• testimonials;
• captions;
• comments;
• written text;
• audio;
• images;
• your name;
• username;
• social media handle;
• likeness;
• portrait;
• voice;
• location tags;
• biographical details;
• product experience statements;
• gifted collaboration content;
• paid collaboration content;
• affiliate content;
• ambassador content; and
• any other material created or provided in connection with the brand.

All such material is referred to in these UGC Terms as "User Content."

You will be deemed to have agreed to these UGC Terms if you do one or more of the following:

• accept or confirm participation through Shopify Collabs;
• accept an invitation to join a creator, affiliate, ambassador, gifting, or similar brand program;
• sign a separate creator agreement, collaboration agreement, campaign brief, statement of work, or other written document with the brand;
• confirm consent through email;
• confirm consent through direct messages or similar messaging tools on Instagram, Facebook, TikTok, Pinterest, or another platform;
• submit a creator form, campaign form, or application;
• check a box, click an approval button, or complete a platform workflow acknowledging these terms;
• send us content together with clear permission to use it; or
• use an agreed brand hashtag, including #alfabeadsjewelry, where we expressly state that such hashtag may serve as one method of confirming consent in a specific campaign or collaboration.

We may use different approval methods depending on the campaign, platform, type of collaboration, or content category.

If you participate in a specific creator, influencer, affiliate, gifting, ambassador, referral, or other commercial or marketing collaboration with the brand, we may require you to sign a separate creator agreement, collaboration agreement, campaign terms, statement of work, creator brief, or similar written document.

That separate document may govern, without limitation:

• deliverables;
• posting deadlines;
• quality standards;
• publication format requirements;
• disclosure obligations;
• gifted terms;
• payment terms;
• affiliate commissions;
• promo codes;
• revision rights;
• breach consequences;
• the obligation to pay for or return a product; and
• other specifically negotiated terms.

If a separate written agreement exists between the brand and the creator, it will apply together with these UGC Terms. If there is any conflict between these UGC Terms and the specific terms of the separate written agreement, the specific written agreement will control for that campaign or collaboration, and these UGC Terms will continue to apply in all other respects.

Your submission of content, consent, or participation in a program does not obligate us to publish, display, repost, store, preserve, promote, or otherwise use your User Content.

We reserve the right, in our sole discretion, to:

• use User Content in whole or in part;
• choose not to use User Content at all;
• stop using User Content at any time;
• remove User Content;
• archive User Content;
• adapt User Content for different media formats; and
• publish User Content without naming you or tagging your account unless we have separately agreed to do so in writing.

To the fullest extent permitted by applicable law, you grant Spiritual Manufacture LLC, Alfabeads Energy Jewelry, and their affiliates, contractors, representatives, agencies, advertising partners, automation platforms, technology vendors, UGC management providers, and other authorized parties (collectively, the "Licensed Parties") a non-exclusive, worldwide, royalty-free, transferable, and sublicensable right to use your User Content.

This right includes the ability to:

• reproduce;
• publish;
• repost;
• store;
• copy;
• display;
• feature on the website;
• feature on product pages;
• use in email marketing;
• use in digital advertising;
• use in social media content;
• use in paid ads;
• use in organic content;
• use in affiliate and ambassador campaigns;
• use in PR, publicity, branded, and promotional materials; and
• adapt the content for existing and future media formats.

We may also make reasonable editorial and technical adjustments to your User Content, including cropping, trimming, resizing, reformatting, subtitling, overlaying graphics, color correction, shortening, and other modifications reasonably necessary for marketing, advertising, editorial, or technical use.

Unless otherwise required by mandatory law or agreed otherwise in writing, this right will continue for the maximum period permitted by applicable law.

If your User Content includes your name, username, social handle, image, likeness, portrait, voice, appearance, geographic tag, or similar identifying information, you also grant us the right to use such identifiers solely in connection with the use of the related User Content and associated marketing, advertising, editorial, or commercial brand activity.

Unless we expressly agree otherwise in writing, we are not obligated to:

• tag your account;
• credit you by name;
• obtain approval for each publication;
• preserve the original form of your content; or
• pay separate additional compensation solely for the use of your User Content.

If you publish content about Alfabeads Energy Jewelry products and you have received, or may receive, anything of value from us, including a free product, gift, discount, commission, affiliate payout, reimbursement, promo code, ambassadorship benefits, future consideration, or monetary compensation, you are responsible for making clear, truthful, and prominent disclosures of your relationship with the brand in accordance with applicable law, platform rules, and endorsement or disclosure requirements.

You agree not to publish misleading endorsements, reviews, claims, or statements about the brand, the products, the collaboration, or the results of using any product.

You represent and warrant that your User Content:

• is lawful;
• is not fraudulent or misleading;
• does not infringe any third-party intellectual property right;
• does not violate privacy, publicity, portrait, or likeness rights;
• does not contain unlawful, threatening, hateful, pornographic, or otherwise objectionable material;
• does not contain malware, viruses, spyware, or harmful code;
• does not violate the rules of the platform through which it was published or submitted;
• was not provided to you by a third party without proper permission; and
• does not place us in breach of any contract or obligation owed by you to another person or brand.

By providing User Content, you represent and warrant that:

• you are of sufficient legal age to enter into a binding agreement in your jurisdiction;
• you are the creator of the User Content, or you possess all rights, permissions, licenses, and authority needed to provide and license it;
• you have the legal right to grant us the rights described in these UGC Terms;
• our use of the User Content will not infringe the rights of any third party;
• if other individuals appear in the User Content, you have obtained all permissions required for their inclusion and use, where applicable;
• if minors appear in the User Content, you have obtained any consent required by applicable law from a parent or legal guardian;
• the User Content complies with these UGC Terms and any separate creator agreement, if signed; and
• the User Content complies with applicable law.

Upon reasonable request, you agree to provide evidence of such rights, permissions, and authority.

If your User Content includes a review, testimonial, endorsement, comment, or statement about a product, you confirm that such content reflects your honest opinion, real impression, or actual experience at the time it is published.

You agree not to publish:

• knowingly false reviews;
• fabricated testimonials;
• statements made on behalf of another person without authorization;
• misleading comparative claims; or
• medical, therapeutic, scientific, or guaranteed-result claims unless such claims have been expressly approved by the Company in writing and are permitted by law.

Your interactions with us may occur through Shopify Collabs, creator apps, affiliate platforms, social media platforms, UGC management tools, email systems, and other current or future third-party services.

You understand and agree that:

• those platforms may have their own terms of service and privacy rules;
• your participation may also be subject to those platform rules;
• creator services, commissions, links, approvals, and participation workflows may be managed in whole or in part through such systems; and
• these UGC Terms apply in addition to, and not instead of, the applicable rules of those platforms.

Unless expressly stated otherwise in writing, providing User Content does not automatically entitle you to:

• payment;
• royalties;
• license fees;
• commissions;
• profit-sharing;
• a mandatory gift;
• a mandatory discount; or
• a mandatory affiliate payout.

If you participate in a gifted, paid, affiliate, ambassador, or other collaboration program, the specific commercial terms may be governed by a separate creator agreement, campaign brief, statement of work, Shopify Collabs workflow, affiliate terms, discount code terms, ambassador terms, or another written document.

We may, at any time and without prior notice:

• decline to use User Content;
• remove User Content;
• end a campaign;
• end a creator relationship;
• remove you from a creator, affiliate, ambassador, or referral program;
• stop using your name, image, or content; and
• remove content from marketing materials to the extent commercially reasonable and practically possible.

Unless we expressly agree otherwise in writing, all User Content is provided on a non-confidential basis. We are not obligated to treat User Content as confidential except where required by mandatory law or a separate written agreement.

Any personal information you provide in connection with User Content is governed by our Online Privacy Notice and any other applicable privacy disclosures.

By providing User Content, you acknowledge that you have reviewed the applicable privacy terms to the extent relevant to you.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Spiritual Manufacture LLC, Alfabeads Energy Jewelry, their affiliates, officers, employees, contractors, representatives, agencies, platform partners, and service providers from and against any claims, demands, actions, losses, liabilities, costs, expenses, settlements, penalties, and reasonable attorneys’ fees arising out of or related to:

• your User Content;
• your breach of these UGC Terms;
• your breach of any separate creator agreement, if signed;
• your failure to comply with disclosure obligations;
• your violation of any third-party rights;
• your violation of platform rules; or
• the inaccuracy of your representations or warranties.

To the fullest extent permitted by law, the Company shall not be liable for:

• non-use of User Content;
• the discontinuation of use of User Content;
• removal of content;
• platform failures;
• creator application failures;
• affiliate tracking failures outside our reasonable control;
• third-party conduct;
• misuse of publicly visible content by others; or
• any indirect, incidental, consequential, special, or punitive damages arising out of or related to these UGC Terms.

Nothing in this Section limits liability to the extent such liability cannot lawfully be limited.

These UGC Terms will continue to apply to any User Content for which rights were granted to us before the date your participation ends, your account is removed, your creator relationship ends, or you delete the content, unless mandatory law or a separate written agreement requires otherwise.

If a separate creator agreement includes specific post-termination provisions, those provisions will apply to the extent relevant.

We may update these UGC Terms at any time by posting a revised version on the Site.

If you continue to provide content, participate in programs, or approve the use of User Content after the updated version is posted, that continued participation will constitute your acceptance of the revised UGC Terms.

Unless otherwise stated in a separate creator agreement or other written document, these UGC Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, to the extent permitted by law.

Any dispute arising out of or relating to these UGC Terms may also be governed by the dispute resolution provisions contained in the Site’s Terms & Conditions, if and to the extent those provisions apply to the relevant user, creator, or collaboration relationship.

If any provision of these UGC Terms is found unlawful, invalid, or unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.

If you have questions regarding these UGC Terms, creator collaborations, affiliate relationships, or the use of content, you may contact us at:

Spiritual Manufacture LLC / Alfabeads Energy Jewelry
Email: support@alfabeads.com
Website: alfabeads.com