USER GENERATED CONTENT LICENSE AGREEMENT
Kellogg Company (“Kellogg”, “We”, “Us” and “Our”) reaches out to social media users (“You”) to seek their permission to feature our favourite content on our Kellogg websites or social channels or other third-party websites and platforms including, but not limited, to Instagram, Facebook, Tik Tok (collectively, the “Kellogg Sites”). You are reading this because Kellogg has requested your permission to use your social media content in this way.
If you submit, upload, choose to allow, share or post any comments, ideas, suggestions, information, files, videos, text, music, images or other materials to us at Kellogg’s Sites (“User Generated Content”), you agree to the terms of this User Generated Content License Agreement (“License Agreement”). If you are entering into this License Agreement on behalf of an organisation, you represent that you have the authority to do so.
Kellogg reserves the right to alter the terms of this License Agreement without advance notice by posting a revised License Agreement, wherein the changes in the License Agreement shall be effective immediately. Accordingly, you should review the License Agreement each time you grant permission or authorization to feature your User Generated Content.
You agree not to provide any User Generated Content that (1) is defamatory, abusive, libellous, unlawful, obscene, threatening, harassing, fraudulent, racially or religiously biased, pornographic, hateful, harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the copyright, trademark, patent, trade secret, privacy, publicity, moral, intellectual property rights, proprietary or other rights, of any third party, or any law, rule or regulation; (3) contains or transmits a virus or any other harmful component; (4) Is known by you to be false, misleading or inaccurate; (5) Impersonates or attempts to impersonate Kellogg or any of its employees other user; (6) contains any persons who have not consented or unable to consent (whether due to being below the age of majority or otherwise incapable). You agree not to contact other Kellogg Sites users through unsolicited e-mail, telephone calls, mailings or any other method of communication.
You represent and warrant to Kellogg that you have the legal right and authorization to provide all User Generated Content to Kellogg for the purposes and Kellogg’s use as set forth herein. You further represent and warrant to Kellogg that you have obtained all the necessary consents and approvals from all persons visible in your User Generated Content (for example, if you had taken a video of you and your friend, and you had submitted the video to Kellogg as your User Generated Content, then you must obtain your friends’ consent). We may require, at any time, proof of such consents in a form acceptable by us. If you ever have reason to believe that you have not maintained any of these rights, then you must immediately notify Kellogg. Kellogg, and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, marketing or public relations agencies, and other affiliates, shall have a perpetual, royalty-free, irrevocable, worldwide, fully-paid, sub-licensable, transferable right and license to use the User Generated Content, in whole or in part, in whatever manner Kellogg desires, including without limitation, to copy, modify, repost, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Kellogg is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation, in any forms whatsoever, for any User Generated Content or owe to any party as a result of utilizing the User Generated Content; or (3) to respond to any User Generated Content. The permission granted by you is made with knowledge that it will be relied thereon by Kellogg and you hereby irrevocably agree not to assert any further claims against Kellogg of any nature whatsoever arising by reason of Kellogg’s use of the User Generated Content. Further, you waive any right that you may have to inspect and/or approve the image, video, photography or any finished advertising, publications, programs or other materials produced utilizing said User Generated Content.
Kellogg reserves the right to take any legally available actions deemed appropriate, in our sole discretion, including, without limitation, monitor, edit, or remove any User Generated Content submitted to Kellogg at any time without notice for any reasons whatsoever. You irrevocably grant Kellogg the right to your username, social media profile information, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your biographical information, your voice, in connection with any use of your User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. To the fullest extent permitted by the applicable laws, Kellogg and its affiliates take no responsibility for any damage, loss or injury and assume no liability for any User Generated Content submitted by you or any third party. You hereby irrevocably release, indemnify, discharge and agree to hold Kellogg, and any person acting on their behalf, harmless from any and all liability related in any way to Kellogg’s use of your User Generated Content or relating to any breach of any representation or warranty made by you under this License Agreement.
The Kellogg Sites may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not challenge, acquire or take control of any ownership or other rights in proprietary information and materials of Kellogg by authorizing use of your User Generated Content or otherwise using or accessing the Kellogg Sites. Kellogg assumes no liability for any information removed from the Kellogg Sites, and reserves the right to permanently restrict access to the Kellogg Sites or a user account at anytime for any reason.
Separate and apart from the User Generated Content you provide, you may submit questions, comments, feedback, suggestions, ideas, improvements, plans, notes, drawings, original or creative materials or other information about Kellogg, Kellogg Sites and our products (collectively, "Ideas") either through a formal submission process or otherwise. The Ideas you submit are voluntary, non-confidential, gratuitous, and non-committal. Please do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them. You must also inform us if you have a pending or registered patent relative to the Idea
You represent and warrant that your Ideas are not subject to any confidentiality obligations or third-party intellectual property encumbrances and that you own and control all of the rights to the Ideas and have the authority to grant the rights to Kellogg that you grant herein. By submitting your Idea, you irrevocably grant Kellogg and its designees a worldwide, perpetual, transferable, irrevocable, non-exclusive, fully-paid up, and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license, or sub-license the Ideas and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Ideas, you hereby release Kellogg and its agents and employees from any claims that such use violates any of your rights. Kellogg shall own exclusive rights, including all intellectual property rights, to any work it creates or has created from the Ideas or a similar ideas of its own.
By sharing your User Generated Content and/or using the Kellogg Sites, you are consenting to Kellogg’s collection of any personal information you provide for Kellogg’s use and disclosure in connection with the use of your User Generated Content as described herein. The term "personal information" in this License Agreement refers to information that relates directly or indirectly to you (such as your name, national identification number, email address etc.) or any other information that may otherwise identify you whether directly or indirectly. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not share your User Generated Content or use Kellogg Sites or otherwise provide the Kellogg with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on Kellogg’s behalf. By using the Kellogg Sites or otherwise providing Kellogg with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of this License Agreement, the Kellogg Privacy Policy, located at https://www.kelloggs.com/en-in/privacy-policy.html and applicable data protection laws and regulations.
This License Agreement is personal to you and may not be assigned or transferred by you for any reason whatsoever without Kellogg’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.
This License Agreement will be governed by and construed in accordance with the laws Singapore. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this License Agreement is invalid, then that provision will be removed without affecting the rest of the License Agreement. The remaining provisions of this License Agreement will continue to be valid and enforceable.
You certify that you are atleast 18 years of age or you are the parent/guardian of all minors in your User Generated Content.
You must send any notice related to this License Agreement to Kellogg via email at contactus.in@kellogg.com.
BY PROVIDING CONSENT TO USE YOUR USER GENERATED CONTENT TO KELLOGG, YOU REPRESENT AND WARRANT THAT YOU HAVE READ THIS LICENSE AGREEMENT IN ITS ENTIRETY, FULLY UNDERSTAND ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, AND THAT YOU AGREE TO COMPLY WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.