The “UGC” refers to any UGC including but not limited to photo, video, audio recording, caption or comments you posted on Facebook, Twitter, Instagram Pinterest, or any similar or successor social media application or platform (“Social Media”).
Your Obligations. You represent and warrant that:
- You are at least eighteen (18) years of age
- The UGC is your original creation and you did not take or copy the UGC from another website, social media posting or elsewhere, and the UGC does not contain anything that violates the rights of any person or entity;
- The UGC does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or Heritage Store;
- The UGC does not contain anything illegal, defamatory, obscene or offensive;
- Your upload or post of the UGC does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the UGC;
Nutraceutical’s Use of Your UGC
By contributing UGC, you grant us an irrevocable, perpetual, worldwide, and unlimited right and license to use your UGC (and to allow others to use the UGC) without the payment of any royalty. You agree that you shall never withdraw this permission and license to use the UGC. We may use your UGC for any business purpose on our websites and social media pages, and in our digital newsletters, and any other online, digital marketing material and in any new media or technology that becomes available later in time, throughout the world, for an unlimited time. You agree that we may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the UGC (or any part of the UGC) and related content, and include the UGC (or any part of the UGC) into other works, for any business-related purposes, including but not limited to promotional and marketing purposes. You also grant us the right to use your username, real name, image, likeness, caption, location or other identifying information contained or embedded in your UGC. We have no obligation to use your UGC or your name or other identifying information.
You irrevocably and unconditionally waive (and agree not to enforce) all rights in the UGC, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.
We have no obligation to use the UGC and we may remove or stop using any UGC at any time, for any reason. Use of the UGC does not imply our endorsement of or any affiliation with you.
Intellectual Property Rights.
Nutraceutical Corporation owns all rights in, or is licensed to use, the Heritage Store name, logo, and marks, or any other name, logo or marks owned or licensed by Heritage Store (“Heritage Store Content”), which may be protected by copyright, trademark and other intellectual property laws. You do not acquire any ownership or other rights in proprietary information and materials of Heritage Store by authorizing use of UGC.
You agree to indemnify and hold harmless Nutraceutical Corporation and its affiliates, and its and their respective employees, agents, representatives, officers, directors, and members from and against any claim arising out of your breach or the covenants or representations set forth herein and any claim that the UGC infringes on the intellectual property rights of any third party.