HALO TOP CREAMERY—TERMS AND CONDITIONS FOR USER GENERATED CONTENT
Thank you for considering this request! By responding to our request with a hashtag supplied by one of one of our brands, or by uploading content to our websites, mobile sites, or social media sites (“Website”), you are making a Submission (as defined below) to Eden Creamery LLC, d/b/a Halo Top Creamery and/or its direct and indirect affiliates and subsidiaries as appropriate (collectively, "Halo Top," "we," "us" or “our”) and you agree to the following User Generated Content (UGC) Terms and Conditions (“Agreement”).
The Website allows you or us to upload photographs, posts from social media sites, and other content, depicting our brand and product, which may or may not contain photos of other people (“Submission”). If your Submission is selected by Halo Top, it may be displayed or appear on the Website or in other marketing, advertising or promotions together with your name and other identifying information provided, including without limitation any social media identifier, handle, or profile picture.
You hereby grant us, by ourselves or with others, a non-exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, copy, reproduce, adapt, edit, modify, reformat, revise, print, publish, republish, excerpt (in whole or in part), sell, assign, translate, create derivative works from, incorporate into other works, distribute and publicly display any Submission in whole or in part, as well as your name and other identifying information, including without limitation any social media identifier, handle, profile picture, image, likeness, posts, statements or other information available or provided by you, in any form, media, or technology, whether now known or hereafter developed in connection with the Halo Top marketing, advertising and promotional activities referred to above.
By making or agreeing to a Submission, you represent and warrant that:
· You are 18 years of age or older;
· You have full power and authority to agree to these UGC Terms and Conditions;
· If children are depicted in the Submission, you are the parent/guardian with legal responsibility of any minors depicted in the Submission;
· Your Submission does not contain anything illegal, defamatory, obscene or offensive;
· You own or otherwise control the rights to your Submission and any and all elements thereof;
· You have the rights from any and all third parties appearing in such Submission to use their names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission;
· Your Submission does not infringe or violate the rights of any third parties, including, but not limited to, intellectual property rights, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations;
· You confirm and agree that our use of your Submission as described in this Agreement 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 this Agreement.
Limitation of Liability
You acknowledge that Halo Top is not responsible for, and has no liability for, any use of all or any part of a Submission. You agree to hold harmless and release Halo Top, along with its respective officers, directors, employees, agents, assigns, licensees and successors, from any and all claims, demands, or causes of action (collectively “Claims”) that you or your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have, whether now in the future, relating to the use of your Submission, including without limitation, any claims of defamation, invasion of privacy, rights of publicity or copyright, or any other right you may have.
If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect, or enforce any of the rights you have given us under this Agreement.
Halo Top reserves the right, at its sole discretion, to choose to include, not include, or remove such Submission from its Website or in any other materials where the Submission may appear at any time, for any reason. Use of the Submission does not imply our endorsement of or any affiliation with you.
These UGC Terms and Conditions are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent. We may assign our rights and obligations under this Agreement to any other person, in whole or in part, without consent.
A failure by us to exercise and any delay, forbearance or indulgence by us in exercising any right, power or remedy under this Agreement (in whole or in part) shall not operate as a waiver of that right, power or remedy or preclude its exercise at any subsequent time or on any subsequent occasion. A person not a party to this Agreement has no right to enforce any of these terms and conditions.
This Agreement contains all the terms agreed between us regarding the Submission and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
The construction, validity and performance of these terms and conditions shall be governed by the laws of the State of California, USA and the parties submit to the exclusive jurisdiction of the courts of California to resolve any dispute arising under or in connection with this Agreement. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement are invalid, then that provision will be removed without affecting the rest of the UGC Terms and Conditions. The remaining provisions of these UGC Terms and Conditions will continue to be valid and enforceable.
If you have any questions, comments or concerns regarding these UGC Terms and Conditions please contact us by email at [email protected]