Hy-Vee User Generated Content Terms and Conditions

Hy-Vee User Generated Content Terms and Conditions

July 23, 2024 | Promotions

Hy-Vee, Inc. ("Hy-Vee") reaches out to social media users ("You") to seek permission to feature certain content on our Hy-Vee website or Hy-Vee social media channels on third-party websites and platforms including, but not limited to, Instagram, Facebook, Pinterest, YouTube, Snapchat, X, TikTok, and Threads (collectively the "Hy-Vee Social Media"). You are reviewing this Hy-Vee User Generated Content Terms and Conditions ("Agreement") because Hy-Vee has requested your permission to use your social media content in this way.

This Agreement contain terms and conditions that apply to Hy-Vee's use of any words, pictures, images, data, videos, information, or any other content generated by you ("User Generated Content") that you upload, post, or share on Hy-Vee's website, mobile apps, or social media pages ("Hy-Vee's Pages") or on third-party websites and platforms including but not limited to Instagram, Facebook, Pinterest, YouTube, Snapchat, X, TikTok, and Threads (collectively, "Social Media"). If you choose to consent to Hy-Vee's use of your User Generated Content, you agree to the terms of this Agreement and to be bound by it. If you do not wish to be bound by this Agreement, do not consent to Hy-Vee's use of your User Generated Content.

Hy-Vee reserves the right to modify the terms of this Agreement without advance notice by posting a revised Agreement, wherein the changes to the Agreement shall be effective immediately. You should review the Agreement each time you grant permission to Hy-Vee to use your User Generated Content.

You represent and warrant to Hy-Vee that the User Generated Content is your original work, and you have the legal right and authorization to provide the User Generated Content to Hy-Vee for Hy-Vee's purposes and uses as set forth herein. You certify that you are at least 18 years of age (or the age of majority in your state of residence) and if any minors are shown in your User Generated Content, you are their parent/guardian. You further represent and warrant that you have obtained all the necessary consents and approvals from all other persons visible in your User Generated Content. Hy-Vee may require, at any time, proof of such consents in a form acceptable by Hy-Vee. By consenting to Hy-Vee's use of your User Generated Content and agreeing to this Agreement, you give Hy-Vee the perpetual, worldwide, irrevocable, sublicensable, transferrable, royalty-free right and license to publish, copy, re-post, link to, or otherwise use the User Generated Content, in whole or in part, for any purpose and in whatever manner Hy-Vee desires, in Hy-Vee's discretion, including without limitation, to copy, modify, repost, delete in its entirety, adapt, publish, 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, without additional compensation, notice, review, or approval. Further, you waive any right to inspect and/or approve the image, video, photography or any finished advertising, publications, programs, or other materials produced utilizing your User Generated Content. You irrevocably grant Hy-Vee the right to your username, social media profile information, real name, image, likeness, descriptions of you, location, voice, or other identifying information, 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 Hy-Vee as to the origin of any User Generated Content. You agree not to provide any User Generated Content that: is obscene, sexually explicit, disparaging, defamatory, or otherwise illegal, offensive or inappropriate in any way; violates or infringes on the copyright, trademark, patent, trade secret, privacy, publicity, moral, intellectual property rights, proprietary or other rights, of any person or entity, or any law, rule, or regulation; contains or transmits a computer virus or any other harmful component; is known by you to be false, misleading, or inaccurate; impersonates or attempts to impersonate Hy-Vee or any of its employees; contains any persons who have not consented or are unable to consent (whether because they are below the age of majority or otherwise unable).

Hy-Vee reserves the right to take any actions it deems appropriate, in its sole discretion, including without limitation, to monitor, edit, or remove any User Generated Content submitted to it, at any time without notice for any reason whatsoever.

You are and shall remain solely responsible for the User Generated Content you make. To the fullest extent permitted by applicable law, Hy-Vee and its affiliates take no responsibility for any damage, loss, or injury and assume no liability for any User Generated Content submitted by you. You hereby release, indemnify, discharge and agree to hold Hy-Vee, its affiliates, and any person acting on its behalf, harmless from any and all liability related in any way to Hy-Vee's use of your User Generated Content or relating to any breach of any representation or warranty made by you under this Agreement.

You acknowledge that Hy-Vee shall own all right, title and interest, including all intellectual property rights, in and to Hy-Vee's Pages. Intellectual property rights include copyright rights, trademark rights, patent rights, trade secrets, moral rights, rights of publicity, authors' rights, contract and licensing rights, goodwill, and any other intellectual property rights as may exist now or come into existence later. You agree that you do not acquire or take control of any ownership or other rights in Hy-Vee's Pages or Hy-Vee's intellectual property by authorizing Hy-Vee to use your User Generated Content.

This Agreement is personal to you and may not be assigned or transferred by you for any reason whatsoever without Hy-Vee's prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

By sharing your User Generated Content with Hy-Vee, you are consenting to Hy-Vee's collection of any personal information you provide for Hy-Vee's use and disclosure in connection with the use of your User Generated Content as described herein. The term "personal information" means information that relates directly to you or that may otherwise identify you. 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 with Hy-Vee or otherwise provide Hy-Vee with your personal information. By using the Hy-Vee Pages or otherwise providing Hy-Vee with your personal information, you agree to the foregoing collection, use and disclosure of your information pursuant to this Agreement and Hy-Vee's Privacy Policy and applicable data protection laws and regulations.

You agree that your rights and remedies in the event of a breach of this Agreement by Hy-Vee will be limited to the right, if any, to recover money damages in an action at law, and in no event will you be entitled by reason of any such breach to seek injunctive or other equitable relief. TO THE FULLEST EXTENT ALLOWED, YOU UNDERSTAND AND AGREE THAT HY-VEE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, USE OR DATA, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, HY-VEE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect, or render invalid or unenforceable any other provision of this Agreement, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.

This Agreement shall be governed by and construed under the laws of the state of Iowa, without regard to principles of conflicts of law, and the parties hereby submit to the exclusive jurisdiction of the federal and state courts located in Polk County, Iowa. Further, any and all disputes, claims and causes of action arising out of or connected with this Agreement, will be resolved individually, without resort to any form of class action.

This Agreement contains the full understanding of the parties with respect to the subject matter hereof and supersedes all previous discussions, negotiations, and understandings, whether written or oral.

BY PROVIDING CONSENT TO USE YOUR USER GENERATED CONTENT TO HY-VEE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, FULLY UNDERSTAND ITS TERMS, AND AGREE TO COMPLY WITH ALL TERMS.

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