User Generated Content Terms and Conditions
Effective Date: 20 May 2021
Harvey Performance Company (“us”, “we”, or “our”) and/or its brands (Harvey Tool, Helical Solutions, Micro 100 and Titan USA) (collectively, “Harvey”) owns and/or operates our websites http://www.harveyperformance.com/, http://www.harveytool.com , http://www.helicaltool.com, http://www.micro100.com, and http://www.titancuttingtools.com (collectively “Sites”), (the “Site”), social media (Facebook, Instagram, Youtube, Twitter, LinkedIn and others) and other online properties that permit users (hereinafter “Users”) to submit or publish content (“Harvey Properties”).
Harvey Performance reaches out to Users to seek their permission to feature their content on our various sites, social channels, and various promotional materials. You are reading this because Harvey Performance 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 #HPC, you agree to these User Generated Content Terms and Conditions (“UGC Terms”).
Harvey Performance engages a limited number of service providers to facilitate the collection and transmission to the Harvey Properties of User Content, including photos, text, graphics, audio, video, location information, comments and other materials from Harvey Properties and social media sites, for use by Harvey in connection with its business, including Harvey’s product feature, marketing, promotional, advertising and other consumer-related activities (the “Harvey Services”).
USER CONTENT LICENSE
By granting Harvey permission to use your User Content, you hereby grant to Harvey and its related companies, partners, agents, and other affiliates (the “Licensed Parties”) a perpetual, irrevocable, royalty-free, fully sub-licensable and transferable worldwide license and permission to use, reproduce, edit, modify and exhibit, create derivative works of, transmit, distribute, modify, and display your User Content in any manner. The Licensed Parties may use your User Content 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, in any and all media formats, whether now known or hereafter developed.
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 agree the Licensed Parties have no obligation to use your User Content, name, or other identifying information. 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 cease use of any User Content at any time. If you believe any content, including User Content, used in connection with Harvey Performance’s business infringes any person’s or entity’s copyright rights, please contact [email protected]
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- You are not a minor in the state/country where you reside or you are the parent/guardian of all minors depicted in your User Content, if any;
- Your User Content is your original creation and it was not taken from any website, social media posting, or elsewhere;
- You have all necessary rights, power, and authority to grant the rights granted herein and that the Licensed Parties’ use of your User Content in accordance with this release will not violate the rights of any third party
- You have permission/consent or have otherwise contained all 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, such that you have all necessary licenses, rights, consents and permissions to publish the User Content and to grant the rights granted herein, including permission from all person(s) appearing in your User Content to grant the rights described in these UGC Terms;
- the Licensed Parties’ use of your User Content will not violate the rights of any third party, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, or proprietary rights or other rights and laws;
- The User Content is not confidential, proprietary, libelous, defamatory, obscene, indecent, threatening, hateful, pornographic, harassing, discriminatory, hateful, or offensive or unlawful;
- You agree that the Licensed Parties’ use of your User Content does not and will not require payment to any person or entity and does not require approval or consent by any other person or entity.
- You release, discharge and agree hold Harvey Performance, Licensed Parties, and any person or entity acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
- You agree to indemnify Harvey Performance and Licensed Parties against any and all claims, actions, liabilities, losses, damages, expenses, including reasonable attorneys’ fees, incurred by Harvey Performance or Licensed Parties which arise from a breach by you of the representations and warranties contained herein.
- If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights set forth herein.
Appropriate conduct and content; personal use only.
User Content is made available for your personal, non-commercial use only and made not be used for any commercial or promotional purpose.
By acceptance of these User Generated Content Terms and Conditions, you agree that any information you provide about yourself and other persons or entities features in your User Content is accurate and complete information at the time provided, accurate, and complete.
You may not use User Content for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content (“Materials”) that you submit, post, and display.
We may without notice to you, but shall have no obligation to, refuse, edit, and/or remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringing or violating any party’s intellectual property or other proprietary rights or these User Generated Content Terms and Conditions. We also reserve the right in our sole discretion to refuse, edit, and/or remove any content that may be deemed by any User-Generated Website community to be inappropriate without providing you notice.
Examples of illegal or unauthorized uses include, but are not limited to:
Modifying, adapting, translating, or reverse engineering any portion of the User Content; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of User Content; collecting any information about other Members (including usernames and/or e-mail addresses) for unauthorized purposes; reformatting or framing any portion of the web pages or site images that are part of Site; creating user accounts by automated means or under false or fraudulent pretenses; creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other users or otherwise interfering with other user’s enjoyment of the service; submitting Materials of any third party without such third party’s prior written consent; submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by us; submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; submitting Materials that are unlawful or promote or encourage illegal activity; displaying an advertisement as part of your or your pet’s profile; any automated use of the system, including the use of scripts to send messages or post comments; or submitting false or misleading information.
While we prohibit such conduct and content on our Site, you understand and agree that you nonetheless may be exposed to such Materials and that you use User Content at your own risk.
We are committed to protecting the privacy of children. Our site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we have actual knowledge is under the age of 18.
INTELLECTUAL PROPERTY RIGHTS
Harvey 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 Harvey by authorizing use of your User Content.
You agree that if Harvey does not exercise or enforce any legal right or remedy which is contained in these UGC Terms (or which Harvey has the benefit of under any applicable law), this will not be taken to be a formal waiver of Harvey’s rights and that those rights or remedies will still be available to Harvey.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these UGC Terms are invalid, then that provision will be removed without affecting the rest of the UGC Terms. The remaining provisions of these UGC Terms will continue to be valid and enforceable.
HARVEY PROPERTIES ARE BEING MADE AVAILABLE TO YOU “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
STANDARD TERMS AND CONDITIONS FOR HARVEY PERFORMANCE COMPANY
In addition to these UGC Terms, you agree to be bound by Harvey’s standard Terms and Conditions, available at https://www.harveyperformance.com/terms-of-use/, the terms of which may be modified and updated from time to time, with respect to your use of User Content.