Effective Date / Date Last Modified: January 24, 2023
This User-Generated Content License Agreement (“Agreement”) is between Tregaskiss, a division of ITW Canada Inc. (“Tregaskiss”) and Bernard, a division of Miller Electric Mfg. LLC (“Bernard’). (collectively, “Tregaskiss and Bernard”, “we”, “our”, or “us”) and you or the organization you represent (“you” or “your”). ITW Canada Inc. and Miller Electric Mfg. LLC are each wholly owned by Illinois Tool Works Inc. (“ITW”). This Agreement is incorporated into Tregaskiss and Bernard ’s Terms of Use. In the event there is a conflict between the Terms of Use and this Agreement, this Agreement shall govern with respect to the conflicting provision.
We appreciate your submission of User Content (as defined below) to our websites or social media sites and believe others would benefit from it too. We sometimes reach out to social media users like you to seek permission to repost or feature User Content on our websites, social media channels, retailers’ websites, and on other Licensed Parties’ (defined below) media sites. Tregaskiss and Bernard are hereby requesting your permission to use your User Content in accordance with this Agreement. “User Content” refers to your comments, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information that you posted, created, and/or uploaded to one of the Licensed Parties’ websites or social media sites.
BY REPLYING TO OUR REQUEST WITH THE HASHTAG #YESTREGASKISSWELDS OR #YESBERNARDWELDS, YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL TERMS OF THIS AGREEMENT.
BY RESPONDING TO OUR REQUEST FOR PERMISSION IN AN AFFIRMATIVE MANNER AS DESCRIBED ABOVE, INCLUDING REPLYING WITH THE CAMPAIGN OR SPECIFIC HASHTAG NOTED IN THE POST, YOU ARE AFFIRMING THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ALONE CREATED OR OWN THE USER CONTENT AND NO ONE ELSE HAS ANY RIGHTS TO IT OR COULD CLAIM THEY OWN IT OR THAT IT INFRINGES ON RIGHTS OF OTHERS. ALSO, IF THERE ARE OTHER PEOPLE APPEARING IN THE USER CONTENT OTHER THAN YOURSELF, YOU ARE AFFIRMING THEY ARE OVER 18 YEARS OF AGE.
Additionally, you represent and warrant that:
- You own all copyright in the User Content, including the rights to any photograph, image or clip within your User Content;
- You have full power and authority to agree to and enter into this Agreement;
- The User Content is your own original creation (not taken from another website, social media posting, or elsewhere) and does not contain anything that violates the rights of any person or entity;
- The User Content does not contain personally identifiable information (e.g., first and last name, addresses, email addresses, contact information or phone numbers);
- The User Content does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or Tregaskiss and/or Bernard;
- The User Content does not contain anything illegal, defamatory, false or misleading, obscene or offensive;
- The User Content does not contain any advertising or promotional material or promote any product, service or other commercial activity, other than the product and/or services of Tregaskiss and/or Bernard;
- The User Content does not contain harmful material such as malware, viruses, time bombs, and other computer programming routines that could damage or interfere with Tregaskiss’s or Bernard’s systems, programs, data, or platforms;
- You have obtained the consent or permission from any person(s) appearing in the User Content (or owning any rights in the User Content or anything appearing therein) to provide us with the rights to use the User Content as described in this Agreement;
- Your upload or post of the User Content does not violate any applicable laws or the terms or requirements of the social media platform(s) where you uploaded or posted the User Content;
- The Licensed Parties’ use of your User Content as described in this Agreement will not violate the rights of any person or entity and will not violate any law;
- You confirm and agree that the Licensed Parties’ use of your User Content as described in this Agreement does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity; and
- You have read and you agree to comply with all of the terms and conditions in this Agreement.
By replying with the acceptance hashtag, you hereby grant to Tregaskiss and Bernard and their related companies, affiliates (anywhere in the world), agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and their respective retail partners, marketing or public relations agencies, and other third-party service providers (collectively, the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, freely transferable and sublicensable right to publish, release, exhibit, republish, transmit, modify, distribute, print, post, create derivative works from, and otherwise use your User Content in connection with Licensed Parties’ business and any advertising, sales and marketing activities 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, with or without your username, real name, image, likeness, voice, descriptions of you, location, or other identifying information, and/or to incorporate them in other works in any form, media or technology now known or developed in the future.
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 irrevocably and unconditionally grant to the Licensed Parties all consents or permissions of any person or entity as required by any applicable laws, including but not limited to copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the User Content and the rights you are granting us under this Agreement. If requested, you agree to sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to the Licenses Parties under this Agreement.
You irrevocably and unconditionally waive (and agree not to enforce) all rights in the User Content, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing, or which become law in the future in any part of the world. You have no right of approval or inspection and you are not entitled to any compensation.
Whether the Licensed Parties choose to use the User Content or not is solely our choice. The Licensed Parties have no obligation to use the User Content and they may remove or stop using any User Content at any time, for any reason. Use of the User Content does not imply our endorsement of or any affiliation with you. Except as otherwise provided herein, you will continue to own the User Content. By accepting the terms of this Agreement, you are waiving the right to approve how the Licensed Parties will use or edit your User Content. For example, the Licensed Parties may in their sole discretion use your User Content alone on in conjunction with artwork depicted or materials written or provided by us or by others, or edited to change the User Content. While the Licensed Parties will make commercially reasonable efforts to give you credit for your User Content if they use it, you agree that such credit is not mandatory and your permission for us to use your User Content is not contingent upon such credit being given or any fees being paid to you.
By accepting this Agreement pursuant to the method set forth above, you hereby release the Licensed Parties that use your User Content, from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of use of your User Content or the subject matter therein as contemplated by this Agreement
THIS TERM DOES NOT APPLY TO RESIDENTS OF QUEBEC, CANADA: YOU ACKNOWLEDGE AND AGREE TO GRANT THE LICENSED PARTIES THE RIGHTS SET FORTH IN THIS AGREEMENT AT YOUR OWN RISK. THE LICENSED PARTIES DO NOT MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW..
If you don’t agree to these terms, please do not grant your acceptance pursuant to the process outlined above.
Tregaskiss and Bernard reserve the right to modify this Agreement at any time without prior notice (“Updated Agreement”). You agree that we may notify you of the Updated Agreement by posting it on our website so that it is accessible via a link, and that your use of our website after we post the Updated Agreement (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Agreement. Therefore, you should review this Agreement on a regular and frequent basis. The Updated Agreement will be effective as of the time that Tregaskiss and Bernard post it on our website or such later date as may be specified in it. The parties have expressly requested that this Agreement and all other related documents be drawn up in the English language. Les parties ont convenu expressément que la présente entente et tous les documents s’y rapportant soient rédigés en anglais.
Thanks again and please contact us at digitalmarketing@itwwelds.com if you have any questions.