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USER GENERATED CONTENT TERMS AND CONDITIONS FOR NEW ERA CAP, LLC
Effective Date: [8/18/2025]
These User Generated Content Terms and Conditions (“Terms”) are between you (“user” or “you”) and New Era Cap, LLC along with its affiliates, parents, and subsidiaries (“New Era”, “we”, “our”, or “us”) and governs our use of your User Generated Content (“UGC”), as defined below, that you submit, post or share to any website or app operated by New Era and any of our affiliates and subsidiaries (“New Era Platform”), or on a third party website or app (Instagram, Facebook, Twitter, and others) in which you tag, direct message us (“Third-Party Platform”), or upload directly to any New Era website, including but not limited to, ww.neweracap.com or any subdomain.
For the purposes of these UGC Terms, "User Generated Content" or "UGC" refers to any content, including but not limited to text, images, videos, reviews, comments, and other materials, that users create, submit, share, post, or upload to any New Era Platform or any Third-Party Platform.
You may create and publish UGC to any New Era Platform or Third-Party Platform, and that UGC may be used by New Era, our subsidiaries, affiliates, and agents, as described in these Terms. By submitting your UGC to the New Era Platform or Third-Party Platform, you affirm that you own the rights to this UGC or have obtained all necessary permissions to submit it. You retain ownership of your UGC, but by submitting it, you grant New Era a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, distribute, display, and share your UGC, in whole or in part, whether or not distorted in character or form, either alone or accompanied by other material, in any and all media now known or hereafter invented, including the New Era Platform and any Third-Party Platform. This license is irrevocable and sublicensable, allowing New Era to utilize the content for promotional, marketing, and any other lawful purposes. Our right to use your UGC also includes the right to change, edit, and/or modify your UGC and any element and/or component thereof in any way without your permission or approval. You waive any right to inspect or approve the use of UGC as described in these Terms. You agree that all right, title, and interest in and to the finished product in which your UGC may appear, including the copyrights, trademarks and other intellectual property, shall vest exclusively in New Era. We have no obligation to utilize your UGC and we, in our sole discretion, may remove or refuse to post your UGC (to the extent within our control). We will make commercially reasonable efforts to recognize you for your content, but we are not obligated to do so (and your permission for us to use your UGC is not dependent upon such recognition). You agree that you do not have any right of approval of any UGC and New Era does not owe you any compensation, payment, or royalties in connection with your UGC.
Users must ensure that their UGC complies with the following acceptable use policy. Prohibited content includes, but is not limited to:
· Content that is unlawful, harmful, abusive, pornographic, defamatory, or obscene.
· Content that infringes on intellectual property rights, including copyrights and trademarks.
· Content that violates privacy rights or discloses personal information without consent.
· Content that contains malware, viruses, or other harmful code.
· Content that promotes discrimination, hate speech, or violence.
· Content that impersonates any person or entity or falsely states affiliation with any person or entity.
New Era reserves the right, but not the obligation, to monitor, review, and moderate all UGC submitted. We may remove, edit, modify, or reject any UGC that violates these Terms (including but not limited to violation of the above acceptable use policy) or is otherwise deemed inappropriate at our sole discretion. We also reserve the right to suspend or terminate the account of users who repeatedly violate these terms.
You represent and warrant that (i) you own all rights in and to your UGC and all elements and/or components thereof (including if other individuals are identifiable in your UGC, you have obtained their permission to grant this license); (ii) your UGC complies with all applicable terms of use and/or standards of conduct on the website/platform posted; and (iii) New Era’s use of your UGC as permitted herein will not violate any applicable laws or violate or infringe upon the rights of any third party, including without limitation any copyright, trademark, right of privacy/publicity or other personal or proprietary right or applicable standard of conduct. You further represent and warrant that any testimonials or statements contained in your UGC are given by you voluntarily, are true and accurate, and reflect your honest opinions, findings, beliefs, experiences and sentiments. Finally, you represent that you are over the age of majority in your state of residence and have the right satisfy the obligations in these Terms.
By submitting UGC, you agree to indemnify, defend, and hold harmless New Era, its affiliates, officers, directors, employees, agents, and representatives from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in connection with your UGC, violation of these Terms, or infringement of any rights of a third party.
By submitting UGC, you agree to be bound by New Era’s Website Terms and Conditions, including without limitation Section 9 – Dispute Resolution. requiring that all claims be resolved on an individual basis through binding arbitration.
New Era reserves the right to terminate your access and remove any UGC at any time, for any reason, without notice. This includes, but is not limited to, violations of these Terms or other actions that may harm the New Era Platforms or their users.
New Era Cap, LLC complies with the provisions of the Digital Millennium Copyright Act (DMCA). To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
· Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
· A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you prefer to contact us via email, please email us at legal.requests@neweracap.com with the word "Copyright" in the subject line.
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by regular mail or email to legal.requests@neweracap.com with the phrase "Copyright Counter Notification" in the subject line) that sets forth the items specified below.
Identify the specific URLs or other unique identifying information of material that New Era has removed or to which New Era has disabled access.
Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Erie County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
Sign the paper. Send the written communication to the following address: New Era Cap, LLC 160 Delaware Avenue Buffalo, NY 14202 Attn: Legal Department.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
All UGC submitted to the New Era Platform or any Third-Party Platform is subject to our Privacy Policy, which governs the collection, use, and disclosure of personal information. By submitting UGC, you consent to the terms of our Privacy Policy posted on the New Era Website.
11. Changes to these Terms
These Terms are subject to change at any time without prior notice. Please review them regularly to stay informed of any updates. Your continued use of the New Era Website signifies your acceptance of these Terms.
12. Waiver and Severability
Even if we do not seek to enforce our rights under these Terms, these Terms will remain effective unless we agree otherwise in writing. No single waiver will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, we agree that such provision will be eliminated or limited to the minimum extent possible so that the remaining provisions of these Terms remain in force.
13. Choice of Law; Forum Selection
All matters or disputes relating to these Terms will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms will be instituted exclusively in the federal courts of the United States for the Western District of New York or the courts of the State of New York in Erie County, New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.