UGC Terms of Use
In these User Generated Content (UGC) Terms of Use, “we”, “us” and “our” refers to Nutraceutical Corporation (or any of its affiliated companies as appropriate).
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”).
By submitting UGC you agree that we may use your UGC in accordance with these UGC Terms of Use.
Your Obligations. You represent and warrant that:
- You are at least eighteen (18) years of age
- You have full power and authority to agree to these UGC Terms of Use;
- 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;
- You have permission from any person(s) appearing in the UGC to provide us with the rights to use the UGC as described in these UGC Terms of Use;
- 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;
- Our use of your UGC as described in these UGC Terms of Use will not violate the rights of any person or entity and will not violate any law.
- You confirm and agree that Our use of your UGC as described in these UGC Terms of Use 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; and
- You have read and you agree to comply with all of the terms and conditions in these UGC Terms of Use.
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 confirm that you have the consent or permission of any other person or entity that is required for our use of your UGC as described in these UGC Terms of Use, including but not limited to: (a) any person who appears or performs in your UGC, and (2) any person or entity who owns any rights in your UGC or anything that appears in your UGC. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to Copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the UGC and the rights you are granting us under these UGC Terms of Use.
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.
If requested, you will sign any documentation reasonably requested by Nutraceutical Corporation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under these UGC Terms of Use.
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.
Privacy.
We collect and store your UGC in accordance with our Privacy Policy located HERE, except you grant us certain usage permissions in these UGC Terms of Use for information contained or embedded in the UGC.
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.
Miscellaneous.
These Terms of Use may not be assigned or transferred by you for any reason whatsoever without Nutraceutical Corporation’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.
If Nutraceutical Corporation does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Nutraceutical Corporation has the benefit of under any applicable law), is not a formal waiver of Nutraceutical Corporation’s rights and those rights or remedies will still be available to Nutraceutical Corporation.
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.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.
These Terms of Use, and any disputes or claims arising out of or related to these Terms of Use, shall be governed by the laws of the State of Utah, and any actions arising out of or related hereto shall be exclusively brought in the state or federal courts located in Salt Lake City, Utah. You hereby waive any objection as to forum or venue.