All photos, videos, files, music, sounds, messages or other content uploaded to a Website by you are collectively referred to herein as “Submissions.”  If your Submission is selected by Natural Grocers, such Submission, together with your name and the other identifying information you provide (including any social media identifier, handle, profile picture, image, likeness, post or statement) may be displayed or appear on any Website or in any other Natural Grocers marketing, advertising or promotional publication.

You hereby grant to Natural Grocers a non-exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in whole or in part, together with your name and the other identifying information you provide (including any social media identifier, handle, profile picture, image, likeness, post or statement), in any form, media, or technology, whether now known or hereafter developed, in connection with the Natural Grocers’ marketing, advertising and promotional activities.

By uploading or agreeing to make a Submission, you represent and warrant that:

• You are 18 years or older;
• If any children are depicted in the Submission, you are the parent/guardian with legal responsibility for all such children;
• You own or control all rights in and to the Submission and have the right to grant the license granted above to Natural Grocers and its licensees, successors and assigns;
• You have the rights from any and all third parties appearing in the Submission to use their names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission;
• Your Submission does not infringe or violate the rights of any third party, including, but not limited to, intellectual property rights, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations; and
• The Submissions does and will comply with these UGC Terms of Use and the applicable Website Terms of Use.

All Submissions must comply with all applicable federal, state, local and international laws and regulations and the following content standards.  Submissions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
• Violate or otherwise conflict with these UGC Terms of Use, the applicable Website Terms of Use or Natural Grocers’ Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

You acknowledge that Natural Grocers will not be responsible for, and will have no liability for, any use of all or any part of any Submission. You hereby: (i) release, waive, discharge and covenant not to sue Natural Grocers or any of its employees, officers, directors, affiliates, stockholders or insurers, in each case with respect to any and all liabilities, claims, demands, actions and causes of action that you or your heirs, representatives, executors, administrators or any other persons acting on your behalf or on behalf of your estate have or may have, whether now in in the future, relating to the use of your Submission, including any claims of defamation, invasion of privacy, rights of publicity or copyright, or any other right you may have and (ii) agree to indemnify Natural Grocers for, and hold it harmless against, any and all liabilities, claims, demands, actions and causes of action incurred by Natural Grocers that arise directly or indirectly from it use of all or any part of any Submission or any breach by you of your obligations, representations or warranties under these UGC Terms of Use.

We reserve the right, in our sole discretion, to edit any Submission and to choose to include, not include or remove such Submission from any Website or in any other materials or media where the Submission may appear.

MISCELLANEOUS

These UGC Terms of Use will be governed by the laws of the State of Colorado, excluding its conflicts of law rules. You hereby consent to personal jurisdiction and venue in the state and federal courts located in Denver, Colorado.

In the event any provision of these UGC Terms of Use are for any reason be held to be invalid, illegal or unenforceable in any respect: (i) such provision will be fully severable; (ii) these UGC Terms of Use will be construed and enforced as if such invalid, illegal or unenforceable provision had never comprised a portion of these UGC Terms of Use; and (iii) the remaining provisions of these UGC Terms of Use will not be affected by such invalid, illegal or unenforceable provision or by its severance from these UGC Terms of Use.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these UGC Terms of Use are invalid, then that provision will be removed without affecting the rest of the UGC Terms of Use and the remaining provisions of these UGC Terms of Use will continue to be valid and fully enforceable.

Natural Grocers reserves the right to alter these UGC Terms of Use without advance notice by posting a revised UGC Terms of Use. Accordingly, you should review the UGC Terms of Use each time you upload or agree to make a Submission.

Last updated: October 3, 2018