Last Updated:  12/15/2021

 

Which Wich® reaches out to social media users to seek permission to feature our favorite content on our sites, social channels, and various promotional materials. You are likely reading this because Which Wich® 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”), you agree to these Guidelines.

  • Which Wich® engages a limited number of service providers to facilitate the collection and transmission of User Content, including photos, text, graphics, audio, video, location information, comments and other materials from social media sites to the Which Wich® websites (https://www.whichwich.com/ and others)(collectively, the “Site”), social media channels, promotional materials, and other properties (collectively, “Which Wich® Properties”) for use by Which Wich® in connection with its business, including Which Wich® product features, marketing, promotional, advertising, and other consumer-related activities (collectively, the “Which Wich® Services”).

 

  • Which Wich® reserves the right to alter these Guidelines without advance notice by posting revised Guidelines. Accordingly, you should review the Guidelines each time you grant permission or authorization to Which Wich® to feature your User Content.

 

USER CONTENT LICENSE

  • By replying “Yes” to our inquiry on your social media platform, you hereby grant to Which Wich® 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 (collectively, 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 online and offline 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, 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 and are at least 18 years of age, (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 approve for our use pursuant to these Guidelines 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 allowing Which Wich® to use your User Content on the Site, Which Wich® Properties, or the Which Wich® 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 and as outlined in the Which Wich® Terms of Use and Which Wich® Privacy Policy. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not grant us the right to use your User Content on the Site, Which Wich® Properties, or the Which Wich® 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 consenting to Which Wich®’s use of your User Content on the Site, Which Wich® Properties, or the Which Wich® 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 these Guidelines, the Which Wich® Terms of Use, and the Which Wich® Privacy Policy.
  • The Licensed Parties reserve the right to remove any User Content from the Site, Which Wich® Properties, or Which Wich® Services. If you believe any content, including User Content, residing on the Site, the Which Wich® Properties or displayed or used in connection with the Which Wich® Services infringes any person’s or entity’s intellectual property rights, please refer to the Which Wich® Terms of Use https://www.whichwich.com/terms-of-use and Which Wich® Privacy Policy: https://www.whichwich.com/privacy-policy/

 

ADDITIONAL TERMS

  • These Guidelines apply to the entire Site, the Which Wich® Properties, and Which Wich® Services and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on the Site, Which Wich® Properties, or in connection with the Which Wich® Services, you will also be subject to additional terms of use, agreements, guidelines or rules provided by Which Wich®, including but not limited to those set forth in the Which Wich® Terms of Use https://www.whichwich.com/terms-of-use and Which Wich® Privacy Policy https://www.whichwich.com/privacy-policy/ and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by Which Wich® (collectively, the “Which Wich® Terms”).
  • INTELLECTUAL PROPERTY RIGHTS
  • The Site, Which Wich® Properties, and Which Wich® Services 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 Which Wich® by authorizing use of your User Content or otherwise using or accessing the Site, the Which Wich® Properties, or the Which Wich® Services.

 

MISCELLANEOUS

These Guidelines are personal to you and may not be assigned or transferred by you for any reason whatsoever without Which Wich®’s prior written consent and any action or conduct in violation of the foregoing shall be void and without effect.

 

You agree that if Which Wich® does not exercise or enforce any legal right or remedy which is contained in these Guidelines, the Which Wich® Terms, or which Which Wich® has the benefit of under any applicable law, such inaction will not be taken to be any waiver of Which Wich®’s rights and that those rights or remedies will still be available to Which Wich®.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Guidelines are invalid, then that provision will be removed without affecting the rest of the Guidelines. The remaining provisions of these Guidelines will continue to be valid and enforceable.

 

You acknowledge and agree that the governing law and dispute resolution provisions in the Which Wich® Terms will also govern these Guidelines.