User Generated Content Terms of Use, Content Policy, and Copyright Policy

CHEWER'S JOY USER GENERATED CONTENT TERMS OF USE

Chewer's Joy Pet Treats LLC. (“Chewer's Joy”) reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because Chewer's Joy has requested your permission to use your social media content in this way.

If you choose to allow us to use your social media content (“User Content”) by replying with the hashtag #chewersjoy, you agree to these Terms of Use.

Chewer's Joy engages a limited number of service providers to facilitate the collection and transmission to the Chewer's Joy website (www.chewersjoy.com) (the “Site”), social media channels, and promotional materials of User Content, including photos, text, graphics, audio, video, location information, comments and other materials from social media sites, for use by Chewer's Joy in connection with its business, including Chewer’s Joy product features, marketing, promotional, advertising and other consumer-related activities (the “Chewer's Joy Products”).

Chewer's Joy reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorization to feature your User Content.

USER CONTENT LICENSE

You hereby grant to Chewer's Joy and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.

You grant the Licensed Parties the right to use 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 Content.

You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site or the Services, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User 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 use this Site or the Services or otherwise provide the Licensed Parties 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 the Licensed Parties behalf. By using the Site or the Services or otherwise providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations.

The Licensed Parties reserve the right to remove any User Content from the Site and the Chewer's Joy Social Media accounts. If you believe any content, including User Content, residing on the Site or on the Chewer's Joy social media or displayed or used in connection with the Chewer's Joy products infringes any person’s or entity’s copyright rights, please refer to the Chewer's Joy Copyright Policy found below.

ADDITIONAL TERMS

These Terms of Use apply to the entire Site, the Chewer's Joy social media accounts and Chewer's Joy products and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on the Site or on any of the Chewer's Joy social media accounts or in connection with the Chewer's Joy products, you also will be subject to additional terms of use, agreements, guidelines or rules provided by Chewer's Joy applicable to such Chewer's Joy products and User Content, including but not limited to those set forth below, and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by Chewer's Joy.

You certify that you are at least 18 years of age.

Content.

Parts of the Chewer's Joy websites and social media accounts enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Chewer's Joy a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Chewer's Joy pays for the creation of Content or facilitates its creation, Chewer's Joy may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Chewer's Joy the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy.

Content Policy: You must ensure that your Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful. Our Content Policy prohibits, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content.

You agree that Chewer's joy may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Chewer's Joy does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

INTELLECTUAL PROPERTY RIGHTS

Chewer's Joy website, Chewer's Joy social media accounts or Chewer's Joy products 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 Chewer's Joy by authorizing use of your User Content or otherwise using or accessing the Site, the Chewer's Joy social media accounts or the Chewer's Joy products.

Chewer's Joy Copyright Policy:  

Notification of Copyright Infringement

Chewer's Joy respects the intellectual property rights of others and expects its users to do the same.

It is Chewer's Joy policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Chewer's Joy will respond expeditiously to claims of copyright infringement committed using the Chewer's Joy website and/or social media accounts (the "Site and Social Media accounts") that are reported to Chewer's Joy Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to Chewer's Joy Designated Copyright Agent. Upon receipt of the Notice as described below, Chewer's Joy will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Social Media accounts.

DMCA Notice of Alleged Infringement ("Notice")

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Social Media accounts where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Chewer's Joy Designated Copyright Agent:

Copyright Agent
c/o Chewer's Joy Pet Treats LLC.
4058 13th Street, #1025
Saint Cloud, FL 34769
info@chewersjoy.com

MISCELLANEOUS

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Chewer's Joy prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

You agree that if Chewer's Joy does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Chewer's Joy has the benefit of under any applicable law), this will not be taken to be a formal waiver of Chewer’s Joy rights and that those rights or remedies will still be available to Chewer's Joy.

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.