UGC Policy

Privacy Policy

User Generated Content (UGC) Terms and Conditions

We (Fruitables d/b/a Compana Pet Brands or “Compana”) love engaging with our consumers and pet parents and are interested in what you have to say on your social media accounts. From time to time, we find content that users like you may post on these various platforms, including but not limited to Twitter/X, TikTok, Instagram, Threads, Pinterest, YouTube, and Facebook, that appeal to us and that we would love to show to others. You understand that such content may include photographs, text, videos, graphics, and information about you such as your username, personal name, social media handle, your image, likeness, picture, portrait, and sound of your voice, your pet’s name, image, and likeness, and any other photographic or digital representation of you and/or your pet, etc. that you make available on the online platform from which the content is being sourced (collectively, the “Content”). These User Generated Content Terms and Conditions are about how we ask your permission to share your Content and the terms that apply to you and us when we do so.

Should you respond to our request for permission to use your Content with #YesFruitables you agree to these User Generated Content Terms and Conditions:

 

1. You represent and warrant that:

  • You are a legal adult eighteen (18) years of age or older and a legal resident of the United States of America (i.e., its fifty states and the District of Columbia);
  • The Content is original to you, and you are the sole owner, creator, and/or author of the Content;
  • You are the legal owner of each pet appearing in the Content;
  • You have the consent or permission from any person(s) appearing in the Content to provide us with the rights to use the Content as described in these User Generated Content Terms and Conditions. If such person(s) is a minor, you have the right to grant permission for our use of the Content on behalf of any minor appearing in the Content;
  • You have read and you agree to comply with all of the terms and conditions in these User Generated Content Terms and Conditions, and our Privacy Policy; and
  • You will indemnify, defend and hold us, our affiliates and third-party service providers harmless from any and all claims, liabilities, damages, fines or other costs, including reasonable attorneys’ fees incurred as the result of our possession or use of any of your Content.

 

2. You hereby grant to Compana and its affiliates and subsidiaries a nonexclusive, royalty-free, perpetual, irrevocable, unrestricted, worldwide, and fully sublicensable license and right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your Content. Such use by Compana may be in any medium in which your Content may be included in whole, in part or composite, or reproduction thereof made for, including without limitation, product packaging, news, advertising, promotions, education, trade, any new media or technology that becomes available later in time, or any similar lawful purpose whatsoever and without further consideration, except where legally prohibited (collectively, the “Compana Materials”). There is no time or geographic limitation on how long or where your Content may be published, distributed, or otherwise used. You hereby waive the right to inspect and/or approve the Compana Materials in which the Content may be used. Any Content provided to Compana for purposes of inclusion in its Compana Materials shall become the property of Compana and shall not be returned to you. Notwithstanding, nothing herein prevents you from sending a request in writing that Compana remove your Content from any Compana Materials that are reasonably within Compana’s control. Upon receipt of such request, Compana shall use reasonably best efforts to remove all instances of the Content’s inclusion within the Compana Materials. You understand that Compana may not have the ability to remove all postings or displays of the Compana Materials that include the Content.

 

3. You agree that we have no obligation to use your Content or your name or other identifying information. Our use of the Content does not imply our endorsement of or any affiliation with you.

 

4. You understand and agree that you will not receive any monetary compensation for use of the Content as provided herein, and these User Generated Content Terms and Conditions do not create any type of express or implied contract of employment or obligation of employment.

 

5. Our collection and use of your personal information is governed by our Privacy Policy. For information about the types of personal information we collect, the third parties and service providers we may share your information with, our data retention practices, and any rights and choices you have in your personal information, please review our Privacy Policy. By providing personal information to us, you agree that we may process your personal information as set forth in our Privacy Policy.

 

6. You hereby release Compana from, and covenant not to sue Compana for, any claims, demands, and causes of action which you and/or your heirs, representatives, executors, administrators, or any other liaisons acting on behalf of your estate have or may have by reason of this authorization; including any claim or cause of action, whether known or unknown, for libel, slander, invasion of right of privacy, publicity or personality, or any other claim or cause of action, based upon or relating to the exercise of any of the rights referred to in this User Generated Content Terms and Conditions.

 

7. These User Generated Content Terms and Conditions set forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersede all other oral or written representations and understandings. You agree that the laws of the United States of America and the internal laws of the state of Missouri shall apply to all matters related to these User Generated Content Terms and Conditions without regard to choice of law provisions. Any legal action or proceeding relating to the use of this site shall be instituted in a state or federal court in Missouri. You agree to submit to the jurisdiction of, and accept that venue is proper in, these courts in any such legal action or proceeding.