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User Generated Content Terms and Conditions

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Updated as of December 29, 2019

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY.

THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND MCALISTER’S FRANCHISOR SPV LLC AND ITS AFFILIATES AND SUBSIDIARIES ( COLLECTIVELY, “MCALISTER’S”, “WE”, “OUR” OR “US”). BY USING ONE OR MORE OF THE HASHTAG PHRASES ASSOCIATED WITH MCALISTER’S (EACH A “HASHTAG PHRASE”), OR INCLUDING OUR HASHTAG PHRASE WHEN REPLYING TO OUR MESSAGE TO YOU REQUESTING THE RIGHT TO USE YOUR CONTENT (AS DEFINED BELOW), YOU ARE AGREEING TO ALL OF THESE TERMS WITH RESPECT TO THE CONTENT. FOR A LIST OF CURRENT MCALISTER’SHASHTAG PHRASES, SEE THE END OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT USE OUR HASHTAG PHRASES OR REPLY TO OUR MESSAGE TO YOU. IN PARTICULAR, BUT WITHOUT LIMITATION, YOU CONFIRM THE FOLLOWING:

  • YOU ARE GRANTING MCALISTER’S AND ITS BUSINESS PARTNERS (AS DEFINED BELOW) THE RIGHT TO USE YOUR CONTENT (DEFINED BELOW) ON ITS WEBSITES (“SITES”), MOBILE APPLICATIONS (“APPS”), SOCIAL MEDIA PLATFORMS AND RETAILER WEBSITES, AS WELL AS IN OTHER FORMS, MEDIUMS AND/OR DISTRIBUTION METHODS AS DESCRIBED BELOW, INDEFINITELY;
  • YOU CREATED THE CONTENT OR HAVE PERMISSION FROM THE CREATOR OF THE CONTENT TO GRANT THE RIGHT TO USE THE CONTENT;
  • YOU HAVE PERMISSION TO GRANT THIS RIGHT FROM ALL INDIVIDUALS APPEARING IN THE CONTENT;
  • YOU ARE NOT AN EMPLOYEE, CONSULTANT, BRAND AMBASSADOR, OR OTHERWISE MATERIALLY RELATED TO MCALISTER’S, AND MCALISTER’S HAS NOT COMPENSATED YOU FOR YOUR CONTENT.
  • YOU AND ALL INDIVIDUALS APPEARING IN THE CONTENT ARE AT LEAST 18 YEARS OF AGE.

Content

You have created or made available certain content, which may include, without limitation, a photograph, text, handle or account name, information, images, graphics, video or any combination thereof (collectively, "Content"). By using our Hashtag Phrase in your Content or including our Hashtag Phrase when replying to our message to you requesting the right to use your Content, you hereby grant to McAlister’s and their customers, vendors, service providers, licensors, licensees, successors and assigns (collectively “Business Partners” and together with McAlister’s and any of their licensees, the “Licensees”) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to (a) use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, at McAlister’s sole discretion, including without limitation, any purpose relating to the marketing, advertising and promotion of McAlister’s goods and services, and (b) authorize any such use by others of your Content, or any portion thereof, in the same manner. Said uses may include, but are not limited to, posting your Content on any Site, App or social media platform, transmitting your Content to consumers via e-mail, or reproducing or displaying the Content on computers and mobile devices. To the maximum extent permitted by law, you waive and agree not to assert any and all copyright rights, moral rights or rights of attribution and integrity in your Content, if any, against the Licensees. Any Licensee, at its sole discretion, may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to the Content as necessary to conform and adapt it to any requirements or limitations of any networks, devices, services or media. McAlister’s agrees to use any personally identifiable information contained in any of your Content in accordance with McAlister’s Privacy Policy .

You will retain all ownership of the Content (subject to the license granted herein). Any Licensee shall have the right, but not the obligation, to use your username, and, if provided in connection with the Content, real name, image, likeness, caption, location information or other identifying information, in connection with any permitted use of the Content.

By approving the use of the Content, you waive (i) any right to review, inspect or approve the use of the Content in any format or media, whether that use is known to you or not; and (ii) any right to royalties or other compensation arising from or related to the use of the Content.

YOUR OBLIGATIONS AND PROMISES TO MCALISTER’S

You may not upload, post or otherwise generate or make available to us any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Content that you provide.

You represent and warrant that: (i) you (and any other person appearing in the Content, if any) are at least 18 years old or the age of majority, whichever is older, in your state and/or country of residence; (ii) you have full right and authority to enter into this agreement; (iii) neither your Content, nor the use of the Content as permitted in these Terms, will infringe upon, misappropriate or violate any laws or the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity; (iv) neither you nor any person appearing in the Content is an employee, consultant, brand ambassador, or is otherwise materially related to McAlister’s ; (v) McAlister’s has not compensated you for the Content; and (vi) you own or have obtained all necessary rights and permissions to grant the rights granted herein, including without limitation, all rights or permissions from the creators of the Content or any individual(s) appearing in the Content, and no payment of any kind is due to any third party for the use of the Content as set forth herein.

INDEMNIFICATION

You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content that you provide, and you agree to indemnify and hold the Licensees and their officers, directors, employees, agents and licensors harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) McAlister’s or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand relating to or arising out of the Content, your breach or alleged breach of these Terms, or your violation or misappropriation of any applicable law, regulation, or the copyrights, trademark rights or other rights of any third party.

INTELLECTUAL PROPERTY INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on a McAlister’s Site, App or social media platform please provide McAlister’s designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the site, and information reasonably sufficient to permit McAlister’s to locate the material.
  • Information reasonably sufficient to permit McAlister’s to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

McAlister’s agent for notice of claims of copyright or trademark infringement can be reached as follows:

Copyright Agent
5620 Glenridge Drive NE
Atlanta, GA 30342
(404) 705-2088
trademarks@mcalistersdeli.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

MISCELLANEOUS

These Terms and any related claim or dispute, whether in contract, tort or otherwise, shall be governed by the laws in effect in the State of Georgia, without giving effect to its conflicts of law principles. You hereby irrevocably consent and agree to the exclusive jurisdiction of the federal and state courts of the State of Georgia. In the event that any provision of these Terms shall for any reason be held to be invalid, illegal or unenforceable in any jurisdiction, such provision shall be revised solely to the extent necessary to render such provision valid, legal and enforceable, and without invalidating or affecting the remaining provisions hereof. Nothing contained herein shall deem or construe you and any Licensee to be partners, joint venturers, principal-agent or employer-employee, and no party shall have any authority to obligate or bind the other whatsoever. These Terms, together with our Terms and Conditions and Privacy Policy represent the entire agreement between you and McAlister’s with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written. No modifications, amendments or waivers will be effective unless in writing and signed by both you and McAlister’s.

HASHTAG PHRASES

Our current Hashtag Phrases include, without limitation, the following, which list may be updated any time and from time to time, by us without notice to you: #Mcalistersdeli

CONTACT US

If you have any questions about these Terms, you can reach us by email at privacy@mcalistersdeli.com or by mail at McAlister’s Franchisor SPV LLC, Attn: General Counsel, 5620 Glenridge Drive NE, Atlanta, GA 30342.