In these User Generated Content (“UGC”) Terms and Conditions, “we”, “us”, and “our” refers to Align Technology, Inc. (or any of its affiliated companies as appropriate.)
We are proud of the smiles that we help transform. If you are reading these Align User Generated Content Terms and Conditions (“Terms”) it is because we have recently contacted you via direct message through your social media account and requested that we may use or republish a particular text, photo, video or other material that you posted (“Content”). You agree that with your permission, we may USE OR REPUBLISH your Content as outlined below. Examples of where this content may be used are: Invisalign.com, or any of the official Invisalign, Invisalign Live, and Vivera social media platforms across the world including, but not limited to: Facebook, Pinterest, Youtube, Twitter, Instagram, and TikTok, in addition to other forms of advertising as further described below.
By posting or otherwise making available any Content on a public social media platform about your Invisalign treatment or Vivera retainer experience and responding “yes” if we ask for your permission to repost Content on our owned channels, including, but not limited to, the ones mentioned above, you agree to the following terms and conditions:
You represent and warrant that:
You are at least eighteen (18) years of age, or if you are under 18 years of age but are at least 13 years old, you are using this site with the consent of your parent or legal guardian and you have the full power and authority to agree to these UGC Terms and Conditions;*
The Content is your own original creation and has not been pulled from or copied from another website, social media posting or elsewhere, and that the Content does not contain anything that violates the rights of any person or entity;
You are not an employee, consultant, or brand ambassador of or for Align Technology, Inc., and have not been compensated for your Content;
You have permission from any and all person(s) (or such person(s) parent or legal guardian where such person is a minor) appearing in the Content to provide us with the rights to use the Content as described in these UGC Terms and Conditions;
Your upload or post of the Content does not violate any applicable laws or regulations or the terms or requirements of the Social Media platform(s) where you uploaded or posted the Content;
Our use of your Content as described in these UGC Terms and Conditions will not violate the rights of any person or entity and will not violate any law;
You confirm and agree that our use of the Photo as described in these UGC Terms and Conditions does not and shall not require any payment to any person or entity, and does not require license, authorization, approval or consent by any other person or entity;
You or the persons featured in the Content are Vivera patients, Invisalign patients currently undergoing Invisalign treatment or have undergone Invisalign treatment within the past two (2) years;
The Content does not feature any competing clear aligner, retainer or cosmetic dentistry products;
You have read and agree to abide by the Invisalign Social Media Guidelines found here, and the Invisalign’s standard Terms of Use, available at https://www.invisalign.com/terms-of-use, the terms of which may be modified and updated from time to time;
You have read and agree to abide by all of the terms and conditions herein.
Use of Your Content
You irrevocably grant us, and our parent company, affiliates, licensees, and assigns, a royalty-free, perpetual, non-exclusive, unrestricted right and license throughout the universe to copy, reproduce, modify, edit, adapt, translate, create derivative works of, publish, post, distribute, publicly perform, sublicense, or otherwise provide to others, your Content in any and all media, formats, and channels (now in existence or hereinafter developed) for any purpose, including advertising and commercial purposes. You agree that we have no obligation to use the Content or your name or other identifying information. Use of the Content does not imply our endorsement of or any affiliation with you. You hereby consent to the doing or omitting to do any act that would otherwise infringe your moral rights in the Content.
You will retain all ownership of the Content (subject to the license granted herein). By approving the use of the Content, you waive (i) any right to review, inspect or approve the use of the Content in any format or media, whether that use is known to you or not; and (ii) any right to royalties or other compensation arising from or related to our use of the Content.
Indemnification
You shall be liable for, and agree to indemnify and hold us or any affiliate or licensee and their respective officers, directors, employees and agents harmless from and against, any and all claims, actions, liabilities, losses, damages, expenses (including reasonable legal expenses) incurred by us or any other indemnified party which arise directly or indirectly from (i) a breach by you of your obligations, representations or warranties under these UGC Terms and Conditions; (ii) your violation or misappropriation of any applicable law, regulation, or the copyrights, trademark rights or other rights of any third party.
Privacy Policy
To review our Privacy Statement, please visit use Invisalign – Global Privacy Policy.
Miscellaneous
We will make every effort to credit you as the author/source of the content by referring to your Social Media Platform handle, name, or identifier. To request the takedown of any Content that you feel was posted without your permission or consent, please send an email to InvisalignTakeDown@aligntech.com with the following information:
Identification of and link to the Content you would like removed; and
Your name, contact information, and connection to the piece of content to be removed.
*Please note that the age threshold mentioned in these Guidelines may vary depending on the legal requirements in your country. If this is the case, we will indicate it accordingly at the time of collection. If you are over the age of 13, but under the age of majority in your region, we will contact your parent or legal guardian to obtain consent and agreement with these UGC Terms and Conditions prior to using your Content.