User Generated License and Agreement | HobartWelders

User-Generated Content License and Agreement

This User-Generated Content License and Agreement ("Agreement") is between Hobart Welding Products, an Illinois Tool Works Inc. business (“Hobart”, “we”, “our”, or “us”) and you or the organization you represent (“you” or “your”).

In consideration for Hobart's permitting you to submit your content, including but not limited to images, text, and videos (“User-Generated Content” or “UGC”), to Hobart's website, mobile apps, or social media pages (“Service”), you hereby acknowledge and agree that upon submission of UGC via Hobart’s Services, you shall be bound by this Agreement and by Privacy Policy. If you do not agree to all of the terms of this Agreement, please do not submit UGC. If you are executing this Agreement on behalf of an organization, you represent that you have the authority to do so.

By submitting UGC to Hobart's Service, you represent that you have all necessary rights to grant, and automatically do grant to Hobart and its affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, re-post, and distribute such UGC (in whole or in part), 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 also permit any other users of the Service to access, view, store, re-post, or reproduce your UGC for that user’s personal, non-commercial use. Hobart will not be required to treat any UGC as confidential, and you grant to Hobart the right to edit, copy, display, publish and distribute any UGC made available via the Service by you, without compensation to you or any other party submitting the UGC for you.  Notwithstanding the right and license, you understand that by merely permitting your UGC to appear on the Service, Hobart is not a publisher of such UGC and is merely functioning as an intermediary to enable you to provide and display UGC. Moreover, Hobart does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of, any UGC displayed, uploaded, linked-to, or distributed by you or any other user.

If you have a material connection to Hobart (such as an employee, agency, sponsored blogger/brand ambassador, compensated influencer, etc.), please be sure to let people know that when you post.

You agree that by using the Service, you will not post or transmit any of the following:

  1. anything that interferes with or disrupts the Service or its operation;
  2. anything that is vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing, misleading, or false;
  3. unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;
  4. anything that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
  5. anything that harm minors;
  6. anything that impersonates any other person or entity, whether actual or fictitious, or that misrepresent your affiliation with any entity; or
  7. files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Service.

You also agree that by granting Hobart the right and license to use your UGC, you release Hobart and its affiliates, employees, and officers, and any third party services that use your UGC, from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, costs and expenses, including reasonable attorney’s fees and expenses, relating to or arising out of the use of your UGC as contemplated by this Agreement.

Hobart reserves 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 the Service so that it is accessible via a link, and that your use of the Service 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 Hobart posts it on the Service or such later date as may be specified in it.

You must send any notice related to this agreement to Hobart by e-mail to digitalmarketing@itwwelds.com.

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