Quaker Oats Breakfast Shakes
Manufacturer's Brand Overview
TERMS AND CONDITIONS FOR UPLOADING PICTURES AND OTHER CONTENT TO THE QUAKER FACEBOOK PAGE
By submitting your photo to the Quaker page (including its Facebook wall) on Facebook (the “Page”), you hereby agree and consent to: allow PepsiCo, Inc. and its affiliates, subsidiaries, licensees, agencies (including advertising agencies) and each of their respective parents, (the “Company”) to use the submitted photograph(s), video(s),comment(s) and other accompanying materials (collectively, the “User Content”) for advertising, marketing, promotion and other commercial and business purposes, including but not limited to the internet, print advertising and other non-digital advertising, etc. in accordance with these terms and conditions.
When you upload the User Content to the Page, you hereby grant the Company and the employees, agencies and authorized representatives of Company all of them (collectively, “Authorized Persons”), the unrestricted, perpetual, worldwide, non-transferable, royalty-free right and license to display, exhibit, transmit, reproduce, record, digitize, modify, alter, adapt, create derivative works, exploit and otherwise use and permit others to use the User Content (including, all copyrights in the User Content) in connection with the Company’s marketing, advertising and promotion of Quaker on Facebook.
By uploading User Content to the Page, you represent and warrant to the Company that: (1) you are of at least 18 years of age (19 in AL or NE); (2) you own all rights in the User Content or otherwise have the right to submit the User Content to the Company; (3) the User Content does not violate or infringe upon the rights of any third party (including but not limited to any rights of copyright, trademark, publicity or privacy); (4) any persons identified in the User Content have consented to the submission of the User Content on the Page and further use of the User Content as contemplated herein; and (5) the Authorized Persons’ use of the User Content in the manner contemplated above and the rights and licenses granted hereunder do not, and will not, violate any right of, or conflict with or violate any right or commitment made to, any third party and no consent or authorization from any third party is required in connection with such use. You hereby agree to defend, indemnify and hold harmless the Authorized Persons from and against any and all losses, and all claims by third parties, resulting from your breach of any of the foregoing representations or warranties.
Lastly, you hereby waive, release and forever discharge the Company and each Authorized Person and each of their subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, representatives and agents from any and all rights, claims and liability relating to the use of the User Content in the manner contemplated above including, without limitation, any claims based on the invasion of privacy, commercial use of name or likeness, moral rights and the right of publicity.
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