User-generated Content Terms and Conditions of Use

US Foods, Inc. (“USF”), from time to time, may contact social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because USF is requesting your permission to use your social media content in this way.  

If you choose to allow us to use your social media content (“User Content”) by replying with the hashtag #usfoodsphoto you agree to these User-Generated Content Terms and Conditions of Use (the “Terms of Use”). USF, directly and with the help of third parties, facilitates the collection and transmission to the USF website (www.USFoods.com) (the “Site”) and other outlets, including social media (the “USF Outlets”) of User Content, including but not limited to photos, text, graphics, audio, video, locations, comments and other materials from social media sites, for use by USF in connection with its business, including but not limited to USF’s marketing, education, product development, manufacturing, promotion, advertising and other consumer-related activities (the “USF Services”).  

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

User Content License

You hereby grant to USF and its related companies (including but not limited to its parents, subsidiaries and affiliates), agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective distribution partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, copy, publish, modify, perform, sell, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever and with no obligation to use your User Content whatsoever.  

You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or any other identifying information, including but not limited to your voice or persona, in connection with any use whatsoever of your User Content.  

You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights, title and interest in and to your User Content and/or have obtained appropriate licenses, rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, (v) the User Content is not libelous, defamatory, obscene, pornographic, an invasion of privacy or publicity rights, abusive, infringing, indecent, threatening, harassing, hateful, offensive or otherwise unlawful in any way, and (vi) the User Content does not improperly assume or claim the identity, characteristics or qualifications of another person, is not for the purpose of spamming, contains any virus or other harmful component or includes any pricing or promotional information. If you have a material connection to USF (as an employee, agency, have received any compensation whatsoever in connection with the creation of your User Content, sponsored blogger/brand ambassador, etc.), please be sure to let everyone know that whenever you post or create User Content. 

You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any and all liability related in any way to the Licensed Parties’ use of your User Content.  You agree to defend, indemnify and hold the Licensed Parties harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party arising out of: (i) your User Content, (ii) your use of the USF Services, or (iii) your breach of these Terms of Use. 

The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation whatsoever to maintain the 

confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site or the USF Services, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User 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 use this Site or the USF Services or otherwise provide the Licensed Parties with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the Licensed Parties behalf. By using the Site or the Services or otherwise providing the Licensed Parties with personal information, you agree and knowingly consent to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy  (which can be found at https://www.usfoods.com/content/dam/usf/EC/documents/privacypolicy.html) and all applicable U.S. and foreign data protection laws and regulations.  

The Licensed Parties reserve the right in their sole discretion to remove any User Content from the Site and the USF Outlets and to block you and your User Content. If you believe any content, including User Content, residing on the Site or on the USF Outlets or displayed or used in connection with the USF Services infringes any person’s or entity’s copyright rights, please notify USF at: socialmedia@usfoods.com.

Additional Terms

These Terms of Use apply to the entire Site, the USF Outlets and USF Services and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on the Site or on any of the USF Outlets or in connection with the USF Services, you also will be subject to additional terms of use, agreements, guidelines or rules provided by USF applicable to such USF Services and User Content, including but not limited to those set forth on the USF website at https://www.usfoods.com/content/dam/usf/EC/documents/termsofaccess.html, and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions  or rules provided or posted by USF (the “USF Terms”).  

USF is committed to protecting the privacy of children.  The USF Services are not intended or designed to attract children under the age of 18.  USF does not collect personally identifiable information from any person USF has actual knowledge is under the age of 18.  You certify that you are at least 18 years of age.  If children appear in your User Content, you represent and warrant that you have obtained all of the necessary permissions to feature them in your User Content including obtaining their parent’s or legal guardian’s legal permission to do so. 

Intellectual Property Rights 

The Site, USF Services or USF Outlets 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 USF by authorizing use of your User Content or otherwise using or accessing the Site, the USF Services or the USF Outlets. Miscellaneous 

Miscellaneous

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without USF’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.  

You agree that if USF does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which USF has the benefit of under any applicable law), this will not be taken to be a formal waiver of USF’s rights and that those rights or remedies will still be available to USF.  

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