User-Generated Content Terms Of Use

Three influencers holding Premier Protein products, each in an cartoon-style illustrative frame meant to invoke social media apps

In these User-Generated Content (“UGC”) Terms of Use (the “Terms”), “we”, “us” and “our” refers to Premier Nutrition Company, LLC (and all our affiliates) (“PNC”).

The term “Content” as used in these Terms shall mean the photo(s), video(s), caption(s), and/or comments you posted on a social media site (including, but not limited to, Facebook, Twitter, Instagram, and TikTok) (“Social Media”) described in the message we sent referring you to these Terms.

About You

You represent and warrant that:

You are at least eighteen (18) years of age or are legally considered an adult in the State or Country where you reside;
You have full power and authority to agree to these Terms;
The Content is your own original creation, you did not take the photo from another website, social media posting, or elsewhere, and the Content does not contain anything that violates the rights of any person or entity;
The Content does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or PNC;
The Content does not contain anything illegal, defamatory, obscene, or offensive;
You have permission from any person(s) appearing in the Content to provide us with the rights to use the Content as described in these Terms;
Your upload or post of the Content does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the Content;
Our use of your Content as described in these Terms will not violate the rights of any person or entity and will not violate any law;
You confirm and agree that our use of your Content as described in these Terms 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 these Terms.

Our Use of Your Photos

You grant us an irrevocable, worldwide, and unlimited right and license to use the Content (and to allow others to use the Content) without the payment of any royalty. You agree that you shall never withdraw this permission and license to use the Content. We may use the Content for any business purpose on our social media pages (whether organically or through paid use), for an unlimited time. You agree that we may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the Content (or any part of the Content) and related content, and include the Content (or any part of the Content) into other works, for any business related purposes, including but not limited to promotional and marketing purposes. You also grant us the right, in our sole discretion, to use your username, real name, image, likeness, caption, location, or other identifying information in connection with any use of the Content. You agree that we have no obligation to use the Content or your name or other identifying information.

You confirm that you have the consent or permission of any other person or entity that is required for our use of the Content as described in these Terms, including but not limited to: (a) any person who appears or performs in the Content, and (2) any person or entity who owns any rights in the Content or anything that appears in the Content. You irrevocably and unconditionally grant to us 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 Content and the rights you are granting us under these Terms.

You irrevocably and unconditionally waive (and agree not to enforce) all rights in the 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.

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 you have given to us under these Terms.

Whether we choose to use the Content or not is solely our choice. We have no obligation to use the Content and we may remove or stop using any Content at any time, for any reason. Use of the Content does not imply our endorsement of or any affiliation with you.

Intellectual Property Rights

PNC owns all rights in or are licensed to use the PNC name, logo, and marks, or any other name, logo, or marks owned or licensed by PNC, which 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 PNC by authorizing use of the Content.

Privacy Policy

We will use any personal data we receive in connection with our use of the Content in accordance with these Terms and in accordance with our Privacy Policy. You consent to our collection of any personal data you provide in connection with the use of the Content as described herein. If you do not agree to the collection, use, and disclosure of your personal information in this way, please do not provide us with personal information or agree to these Terms. Your personal information may be transferred to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries so that they may process personal information on our behalf. You agree to such collection, use, disclosure, transfer, and processing of your information in accordance with these Terms.

Copyright Policy

We respect the intellectual property of others, and we ask you to do the same. If you believe that the Content has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 and instructions in our Terms and Conditions.

Limitation of Liability

You shall be liable for and shall indemnify us against any and all claims, actions, liabilities, losses, damages, and expenses (including reasonable legal expenses) incurred by us which arise directly or indirectly from a breach by you of your obligations, representations, or warranties under these Terms. You hereby release, discharge, and agree to hold PNC, and any person acting on its behalf, harmless from any liability related in any way to PNC’s use of the Content.

Miscellaneous

These Terms are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent. We may assign our rights and obligations under these Terms to any other person, in whole or in part, without consent.

A failure by us to exercise and any delay, forbearance, or indulgence by us in exercising any right, power, or remedy under these Terms (in whole or in part) shall not operate as a waiver of that right, power, or remedy or preclude its exercise at any subsequent time or on any subsequent occasion. A person not a party to these Terms has no right to enforce any of these terms.

These Terms contain all the terms agreed between us regarding the Content and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing.

The construction, validity, and performance of these Terms shall be governed by the laws of the State of California, USA and the parties submit to the exclusive jurisdiction of the courts of California to resolve any dispute arising under or in connection with these Terms. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms are invalid, then that provision will be removed without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

PNC reserves the right to alter these Terms without advance notice by posting revised Terms. Accordingly, you should review the Terms each time you grant permission or authorization to feature a piece of Content.