PetSmart reaches out to social media users to seek their permission to feature our favorite content created by users (“User Content”) on our various sites, social channels, mobile app, and various promotional materials. User Content may consist of your photos, text, graphics, audio, video, location information, comments and other materials from social media sites or other places you post.
You represent and warrant:
- You are at least eighteen (18) years of age or are legally considered an adult in the state or country where you reside;
- The User Content is your own original creation, you did not take (in whole or in part) the User Content from another website, social media posting or elsewhere, and the User Content does not contain anything that violates the rights of any person or entity;
- You own all rights in and to your User Content and/or have obtained appropriate 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;
- The User Content does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or PetSmart;
- The User Content does not contain anything illegal, defamatory, obscene, threatening, or racially, sexually, religiously, or otherwise objectionable and offensive;
- You will not impersonate anybody;
- Your upload or post of the User Content does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the User Content;
User Content License
You grant to us a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in PetSmart’s sole discretion, including but not limited to use on webpages, mobile applications, and social media pages operated by PetSmart, 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. You agree that we may use, display, reproduce, distribute, transmit, publicly perform, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in our sole discretion, with no obligation to you whatsoever.
You also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the User Content. You agree that we have no obligation to use your User Content or your name or other identifying information.
You irrevocably and unconditionally waive (and agree not to enforce) all rights in the User Content, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.
We have no obligation to use the User Content and we may remove or stop using any User Content at any time, for any reason. Use of the User Content does not imply our endorsement of or any affiliation with you.
Intellectual Property Rights
The PetSmart Properties 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 PetSmart by authorizing use of your User Content or otherwise using or accessing the PetSmart Properties.
Last updated: December 2, 2022