User Generated Content Terms
The Prairie Mercantile reaches out to social media users to seek their permission to feature amazing content on our sites, mobile applications, social channels, and promotional materials. You are reading this because The Prairie Mercantile 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 to our message with the hashtag #ThePrairieMercantile or with another phrase as indicated by us in our messaging, you agree to these Terms.
The Prairie Mercantile reserves the right to alter these Terms without advance notice by posting revised Terms. Accordingly, you should review the Terms each time you grant permission or authorization to feature your User Content.
USER CONTENT LICENSE
You hereby grant to The Prairie Mercantile 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, sub-licensable right to use your User Content in any manner 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 emails 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 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 social media handle or username and, if provided in connection with the content, your real name, image, likeness, caption, 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, represent and warrant that (i) you are solely responsible for your User Content; (ii) you own all rights in and to your User Content or have obtained appropriate rights and permissions from any and all other persons or entities who own, manage or otherwise claim any rights with respect to such User Content; (iii) you are at least 18 years old or the age of majority in your place of residence, which is older; (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, or otherwise unlawful or offensive.
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 Licensed Parties reserve the right to remove any User Content from the Site or The Prairie Mercantile’s social media channels, promotional materials or other properties ("The Prairie Mercantile Properties”). If you believe any content, including User Content, residing on the Site or the The Prairie Mercantile Properties or displayed or used in connection with the Services infringes any person’s or entity’s copyright rights, please refer to Clause 16 of The Prairie Mercantile Terms and Conditions (Copyright Infringement; Notices and Take Down Procedures):
These Terms apply to the entire Site, The Prairie Mercantile Properties and the Services and to your User Content unless otherwise specified. In addition, to the extent your User Content is displayed on the Site or on any of The Prairie Mercantile Properties or in connection with the Services, you also will be subject to additional Terms, agreements, guidelines or rules provided by The Prairie Mercantile applicable to such Services and User Content, including but not limited to those set forth on the Site at Terms and Conditions, and you hereby agree to be bound by such additional terms or service, agreements, guidelines, instructions or rules provided or posted by The Prairie Mercantile.
INTELLECTUAL PROPERTY RIGHTS
The Site, the Services or The Prairie Mercantile Properties 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 The Prairie Mercantile by authorizing use of your User Content or otherwise using or accessing the Site, the Services or the The Prairie Mercantile Properties.
These Terms are personal to you and may not be assigned or transferred by you for any reason whatsoever without The Prairie Mercantile prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.
You agree that if The Prairie Mercantile does not exercise or enforce any legal right or remedy which is contained in these Terms (or which The Prairie Mercantile has the benefit of under any applicable law), this will not be taken to be a formal waiver of The Prairie Mercantile's rights and that those rights or remedies will still be available to The Prairie Mercantile.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms are invalid, then that provision will be removed without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
Last updated: February 16, 2021