USER GENERATED CONTENT LICENSE AGREEMENT
Kellogg Company (“Kellogg”) reaches out to social media users to seek their permission to feature our favorite content on our Kellogg websites or social channels (“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 or post any comments, ideas, suggestions, information, files, videos, images or other materials to us (“User Generated Content”), you agree to the terms of this License Agreement.
Kellogg reserves the right to alter the terms of this License Agreement without advance notice by posting a revised License Agreement. 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, libelous, unlawful, obscene, threatening, harassing, fraudulent, 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. 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. 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 royalty-free, irrevocable, world-wide, fully paid, sub-licensable, transferable right and license to use the User Generated Content in whatever manner Kellogg desires, including without limitation, to copy, modify, 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 for any User Generated Content; or (3) to respond to any 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 monitor, edit, or remove any User Generated Content submitted to Kellogg. You grant Kellogg the right to your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to 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. Kellogg and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You hereby release, 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.
The Kellogg Sites may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire 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 grant Kellogg and its designees a worldwide, perpetual, 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. 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.kelloggcompany.com/en_US/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.
You agree that if Kellogg does not exercise or enforce any legal right or remedy which is contained in this License Agreement (or which Kellogg has the benefit of under any applicable law), this will not be taken to be a formal waiver of Kellogg’s rights and that those rights or remedies will still be available to Kellogg.
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 at least 18 years of age.
