Deere & Company and its Affiliates (“Deere”, “we” or “us”) desires to display, distribute, publicize and otherwise use your content, name and other information provided by you through this upload page or through our social media platforms, such as the Deere Facebook page, the Deere Instagram account, or the Deere Twitter feed, and the Waratah Facebook page (individually and collectively, the “Site”) for advertising, promotion and any other lawful commercial and business purposes. This is an agreement between Deere and the individual accepting these Terms and Conditions (“you”). You accept these Terms and Conditions by using the Site, by uploading content to the Site, or by sending or sharing an electronic communication from your social media account that acknowledges and/or affirms these Terms and Conditions. By using the Site, you represent and warrant that you are either: (a) of legal age to enter into these Terms and Conditions and you agree to be bound by these Terms and Conditions; or (b) the parent or legal guardian of a child under the legal age to enter into these Terms and Conditions and you agree to be bound by these Terms and Conditions on behalf of your child. If “you” are accepting these Terms and Conditions on behalf of a business, “you” means and refers to both the business and yourself. Affiliates means any business entity that controls, is controlled by, or under common control with Deere & Company, where control is established by ownership of at least fifty percent of the voting equity securities of the controlled entity or by the ability to direct the general affairs of the controlled entity.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THE SITE.
1. USE OF THE SITE. You may only use the Site for personal and non-commercial purposes in compliance with these Terms and Conditions and all applicable laws. You must also comply with all terms, conditions, policies and guidelines set forth by the applicable platforms on which such Sites live (such as Facebook and Twitter terms). Deere or its licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Site. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms and Conditions are reserved by Deere.
2. UPLOADING USER CONTENT. You may use this Site to upload images, photographs, text, illustrations, drawings, written descriptions, videos and other content that you own or have the right to upload (collectively, “User Content”). User Content also includes your name, likeness, appearance, voice, and biographical information and any other information that you provide to Deere (and those of any people depicted in the User Content).
3. PROHIBITED USER CONTENT. User Content may not include materials that are pornographic, discriminatory on the basis of race, religion, ethnicity, sexual orientation, or otherwise, unpatriotic, politically motivated, scandalous, controversial, inflammatory, obscene, indecent, defamatory, violate the rights of third parties, promote or encourage the violation of any law, promote or encourage violence or destruction of property, display improper use of Deere products or inappropriate for children or the public, or inconsistent with Deere’s image or reputation. You may not upload or provide any User Content that contains any virus, trojan horse, worm or other malicious software or code.
4. LICENSE AND CONSENT.
4.1 LICENSE TO USER CONTENT. As between you and Deere, you shall continue to own the User Content. You hereby grant to Deere an irrevocable, perpetual, royalty-free, fully paid-up worldwide non-exclusive license to use, modify, edit, reproduce, copy, publish, sublicense, publicly perform, publicly display, index, comment upon, republish and distribute the User Content and any derivative works of the User Content that result from modification by or for Deere in any media now known or hereinafter invented. For example, under the above license grant Deere can use the User Content for or in conjunction with: (a) any products, services, or related objects of Deere, for marketing, advertising, publicity, or any other commercial or lawful purpose, (b) any packaging, promotional and advertising material associated with any products, services, or related objects of Deere, for marketing, advertising, publicity, or any other commercial or lawful purpose, or (c) publication, distribution or broadcast on the Internet, social media platforms, or via any electronic communications network or system, or on broadcast radio, television, printed publications or otherwise. You agree that Deere owns all derivative works created which are based upon the User Content. The foregoing license, any rights granted to Deere under this Agreement, and any benefits available to Deere under this Agreement may be exercised with or without attribution to you and shall not require Deere to provide you with any compensation, royalty, or other payment or approval rights of any kind. Deere is under no obligation to use any User Content, and may remove any User Content at any time.
4.2 DISCLOSE COMPENSATION AND RELATIONSHIP. If Deere has provided any payment, goods or other compensation or incentive for you to provide or post any User Content as an influencer, endorser or otherwise in any print, radio, television, online or digital advertisement or communication including Facebook, Twitter, Instagram or blog posts, you should clearly and conspicuously disclose such compensation, incentive and your relationship with Deere on the User Content (or in close proximity to the User Content) in any visual and audible portions thereof, such as “paid advertisement,” as required under applicable law and regulations.
4.3 PRIVACY POLICIES. The collection and use of your information provided through the Site is governed by our privacy policies located at:
United States: http://www.deere.com/privacy_and_data/privacy_and_data_us.page
Canada: http://www.deere.com/privacy_and_data/privacy_and_data_canada_en.page
5. YOUR REPRESENTATIONS REGARDING USER CONTENT. You hereby acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant Deere the rights in such User Content contemplated under this Agreement; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or Deere’s use of the User Content (or any portion thereof) will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content. You represent that no other permissions, licenses or consents are necessary in order for Deere to use the User Content as permitted herein. If necessary, you agree to assist Deere in acquiring any permission, consent or documentation from third parties that Deere may reasonably request to confirm your representations, at your expense. For example, such assistance may include providing the name, physical mailing address, age, or email address of any persons appearing in User Content submitted to Deere.
6. TERMINATION. Deere may terminate your access to the Site at any time and for any reason. Deere is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with these Terms and Conditions. Deere will make all determinations as to what User Content is appropriate in its sole discretion. Deere may include, edit or remove any User Content at any time without notice. For greater clarity, the license to User Content granted in section 4.1 above survives any termination.
7. DISCLAIMERS. THE SITE IS PROVIDED “AS IS” AND DEERE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SITE OR USE OF THE USER CONTENT. DEERE DISCLAIMS ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THIS SITE IS NOT ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK, INSTAGRAM, OR TWITTER. IN ADDITION, DEERE IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF FACEBOOK, INC., INSTAGRAM, LLC, TWITTER, INC. OR ANY OTHER ONLINE SERVICE PROVIDER.
SOME JURISDICTIONS IN CANADA DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, ACCORDINGLY, SOME OR ALL OF THE LIMITATIONS BELOW MAY NOT APPLY TO YOU IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY IRREVOCABLY WAIVE ALL LEGAL AND EQUITABLE RIGHTS RELATING TO ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES AND EXPENSES, INCLUDING BUT NOT LIMITED TO CLAIMS FOR COPYRIGHT OR TRADEMARK INFRINGEMENT, INFRINGEMENT OF MORAL RIGHTS, DEFAMATION, INVASION OF RIGHTS OF PRIVACY, RIGHTS OF PUBLICITY, INTRUSION, FALSE LIGHT, PUBLIC DISCLOSURE OF PRIVATE FACTS, PHYSICAL OR EMOTIONAL INJURY OR DISTRESS OR ANY SIMILAR CLAIM OR CAUSE OF ACTION IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE USER CONTENT.
DEERE SHALL HAVE NO OBLIGATION OR LIABILITY IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR LOSS OF USE, REVENUE, OR PROFIT OR FOR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE SITE OR USE OF THE USER CONTENT, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Deere, its officers, directors, employees, assignees, licensees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms and Conditions, (ii) your User Content, (iii) your use of materials or features available on the Site (except to the extent a claim is based upon infringement of a third party right by materials created by Deere) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
9. CLAIMS OF COPYRIGHT INFRINGEMENT. Content (such as User Content) may be made available via the Site or other Deere services by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Site or other Deere services for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. In our sole and exclusive discretion, it is our policy not to permit materials known or suspected by us to infringe another party’s copyright to remain on the Site or other Deere services. If you believe any materials on the Site or other Deere services infringe a copyright, you should provide us with written notice.
In the United States, such written notice must be in compliance with the Digital Millennium Copyright Act (“DMCA”), and at a minimum contain:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In Canada, such written notice must be in compliance with the Notice and Notice Regime and at minimum shall:
(i) state the claimant’s name and address and information that enable communication with the claimant;
(ii) identify of the subject-matter to which the claimed infringement relates;
(iii) state the claimant’s interest or right with respect to the copyright in the subject-matter;
(iv) specify the location data for the electronic location to which the claimed infringement relates;
(v) specify the infringement that is claimed; and
(vi) specify the date and time of the commission of the claimed infringement.
All copyright infringement notices should be sent to our designated agent as follows:
Deere & Company
Attn: Compliance Department, DMCA Manager
One John Deere Place Moline, IL 61265
Email: DMCA@JohnDeere.com
It is our policy to terminate relationships regarding content with parties who repeatedly infringe the copyrights of others.
10. GENERAL PROVISIONS.
These Terms and Conditions constitute the sole and entire agreement of the parties with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Notwithstanding any language to the contrary, these Terms and Conditions shall supersede and control over any other general privacy statements between Deere (or its constituent members) and you regarding User Content and the subject matter of these Terms and Conditions, where such general privacy statements shall remain in full force and effect for all other purposes and transactions between the parties that do not specifically relate to the subject matter of these Terms and Conditions.
If any term or provision of these Terms and Conditions are invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
These Terms and Conditions are binding on and shall inure to the benefit of the parties hereto and their respective successors, heirs and assigns.
These Terms and Conditions are subject to change by Deere at any time, effective when posted on the Site. Your continued use after such notice will constitute acceptance by you of such changes.
To the extent permitted by applicable law, all matters arising out of or relating to these Terms and Conditions shall be governed by and construed in accordance with the state and federal laws applicable in the State of New York without giving effect to any choice or conflict of law provision or rule (of New York or any other jurisdiction). Any copyright matters shall be handled according to the Copyright Law of the United States. To the extent permitted by applicable law, any claim or cause of action arising under these Terms and Conditions shall be brought only in the federal and state courts located in New York County, New York, and the parties hereby consent to the exclusive jurisdiction of such courts.
Should you have any questions, you may contact us at DMCA@JohnDeere.com.
These Terms and Conditions were last updated on October 5, 2018.