These T&C's govern your conduct, your rights, and KitchenAid's rights with respect to any submissions you make associated with the Consumer Ratings and Review Services and/or other social media services (collectively "Services") offered and used by KitchenAid.
For the purposes of this agreement:
» "KitchenAid" means the division of Whirlpool Corporation located at 2000 North M-63, Benton Harbor, MI 49022, and its subsidiaries, affiliates, assigns, successors, brands, licensors, licensees, and/or agents. These Services may be offered on various KitchenAid brand or KitchenAid-sponsored websites, web pages and/or online applications, or on third party e-commerce or informational sites and/or web pages.
»"Submission" means any text, photograph, video, music, audio/sound recording, artwork or other materials or information submitted to the Services.
When you submit a Submission, you agree to the following:
» all content that you submit is accurate;
» your Submission is original and was created by you; »you are not an employee of KitchenAid nor do you work for an affiliate, parent or agency of KitchenAid hired by KitchenAid to promote and/or sell KitchenAid products;
» KitchenAid's use of the Submission you upload does not violate the terms of these T&C’s and will not cause injury to any person or entity;
» your Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials, for KitchenAid or any third party;
» you are a resident of the United States; »you are at least eighteen (18) years of age, or at least nineteen (19) if you are from Alabama or Nebraska, or at least twenty-one (21) if you are from Mississippi;
» you are not a professional actor;
» you are currently a bona fide user of the KitchenAid product(s) mentioned in your Submission;
» your Submission will be made without any prior payment or promise of payment having been made to you or the expectation by you of any payment in return for your proposed Submission. Your Submission will also be made without any prior benefit having been made to you or the expectation of any future benefit, except for the possibility of having your Submission used for KitchenAid promotional purposes;
» if you participated in the KitchenAid® Test & Review Program, your Submission will be identified as such and you agree not to attempt to restrict or limit such disclosure, including disclosure of your receipt of any product samples; and
»the statements you make in the Submission reflect your true and honest opinion of and current experience with the KitchenAid product(s) which you are reviewing.
You agree that you shall not upload any Submission that includes or references any one or more of the following:
» information known by you to be false, inaccurate or misleading;
» offensive, profane, vulgar, obscene or inappropriate language or visuals;
» defamatory, libelous, or slanderous content;
» content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
» content which violates any law, statute, ordinance or regulation;
» content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;
» material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
» material or content for which you were compensated or granted any consideration by any third party;
»content depicting a health condition in a derogatory or inflammatory way or misrepresenting a health condition in any way;
» content or materials in which you impersonate another person or entity;
» content or materials intended to create disruption or to mislead others interacting with the Services, such as posting multiple Submissions in an effort to monopolize the forum or posting a Submission unrelated to the Services' designated topic or theme;
» content which includes third party websites, addresses, email addresses, contact information or phone numbers; or
» programming or materials containing any Trojan horses, computer viruses, worms, harmful code, or other potentially damaging computer programs or files.
KitchenAid shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to your Submissions and your interaction with the Services:
» to monitor or review your Submission;
» to remove or refuse to post any Submission within the Services tool that it deems, in its sole discretion, to violate the Submission Guidelines noted above or any other provision of these T&C's; and/or
» to suspend or terminate your access to the Services as KitchenAid deems appropriate under the circumstances.
KitchenAid does not guarantee that you will have any opportunity to edit or delete any Submission that you have submitted. However, if your honest opinions regarding any KitchenAid product you reviewed in any Submission have changed, please contact KitchenAid at the following address: email@example.com. You acknowledge that you, not KitchenAid, are responsible for the contents of any Submission(s). None of the Submissions that you upload shall be subject to any obligation of confidence on the part of KitchenAid, its third party service providers and agents, or their respective directors, officers and employees.
IP AND RIGHT OF PUBLICITY REPRESENTATIONS AND WARRANTIES
By uploading a Submission, you agree that you have all the rights necessary to submit the Submission to KitchenAid. You also represent and warrant that the Submission does not contain any material or information that, through its inclusion in the Submission and/or use by KitchenAid (for any purpose), would violate or infringe upon any copyright, trademark, right of publicity or persona, right of privacy, moral rights, or other personal or proprietary right of any person or entity or violate any related law or regulation.
Your Submission(s) must consist entirely of material and/or information that is owned by you, including but not limited to any text, music, recordings, illustrations, photographic images, and videographic clips. By submitting a Submission, you represent and warrant that it does not contain any works, material or information that is owned or controlled by anyone other than you.
You further agree that you shall not upload any Submission that contains the name, nickname, username, biographical information, vocal recordings, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of any third party or any other indicia of third party right of publicity rights (collectively "Third-Party Personal Content"). By uploading a Submission, you represent and warrant that it does not contain any Third-Party Personal Content.
GRANT OF RIGHTS and RELEASE
In exchange for participating in the Services and having your Submission(s) considered for use by KitchenAid in the Services and/or as otherwise detailed below, sufficiency of which you acknowledge, you grant each of the following to KitchenAid:
» a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Submission(s), in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law);
» an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable right to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively "Your Personal Elements") as contained in your Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).
You also agree to waive any applicable moral rights as contained in your Submission(s) for any of the proposed uses listed above. Without limiting the foregoing, submission of a Submission constitutes your agreement that KitchenAid is permitted to display the Submission online for public viewing and/or comment (whether on KitchenAid brand web pages or on third party web pages), to incorporate the Submission in online and offline advertising, marketing, promotional, and/or other commercial materials, and to reproduce, adapt and distribute the Submission in all media, whether now known or later developed. However, KitchenAid will have no obligation to post or use any Submission(s).
By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, KitchenAid, its parent and affiliates and each of their respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Your Personal Elements embodied in such Submission or the exploitation of any of KitchenAid's rights as noted above.
You understand that KitchenAid is relying upon your representations, grants of rights, waivers and releases in permitting you to submit a Submission. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in this Agreement.
CHOICE OF LAW, VENUE AND JURISDICTION
»These T&C's shall be governed by and interpreted in all respects in accordance with the substantive laws of the State of Michigan without regard to its choice of law provisions. You agree that any disputes directly or indirectly arising out of or relating to these T&C's shall be resolved exclusively in the United States District Court for the District of Michigan (Western Division) or the appropriate Michigan State Court located in Berrien County, Michigan.
»You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
»If any provision of these T&C's is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision.
»These T&C's set forth the entire agreement of the parties with respect to your Submission(s) and may not be changed except by an instrument in writing signed by both parties. These T&C's supersede any and all prior agreements between the parties related to the subject matter hereof.
If you do not agree with the content of these T&C's and/or do not want your Submission considered for any of the KitchenAid brand's promotional purposes, including but not limited to online and offline advertising materials related to KitchenAid and its brands, do not check the box below or activate the acceptance button.