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Acceptance: These User Generated Content Terms of Use (“User Content Terms”) are entered into by and between you and Sonny’s Franchise Company, a Florida corporation (“Sonny’s,” “we,” “our’ or “us”).  These User Content Terms grant us your permission to use and feature the photos, videos, statements, anecdotes, stories, recipes, or other content or material that you submit to us (collectively, “Content”) via email, telephone or text message, through our website, our blogs, social media sites or accounts, or through other communication channels, such as our intranet (collectively, the “Services”).  Giving us permission to use the Content means that you have read, understand, and agree to these User Content Terms.  By submitting the Content to us or agreeing by other means, you agree to these User Content Terms; if you do not agree to these User Content Terms, please do not submit any Content to us.

License and Consent: You hereby grant us and our agents, owners, affiliates, related entities, and assigns  (collectively, the “Sonny’s Parties”), a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, and sublicensable right to use, display, perform, disclose, reproduce, distribute, transmit, alter, and/or edit the Content in any manner determined in our sole discretion, for any commercial or non-commercial purposes, with no obligation or compensation to you whatsoever. You also hereby irrevocably consent to our unlimited use of any identifying information included in or with the Content, including but not limited to, your username, real name, image, likeness, description, location, or voice (each, a “Likeness”), and you irrevocably and unconditionally waive (and agree not to enforce) any rights you may otherwise have in the Content, including without limitation, any publicity, moral rights or equivalent rights. Whether and how we choose to use the Content is solely our choice. We may remove or stop using the Content at any time, for any reason. You do not acquire any rights in proprietary information and materials of the Sonny’s Parties by authorizing our use of the Content, and our use of the Content does not imply our endorsement of or affiliation with you.

Non-Confidentiality: Any Content you submit through the Services will be considered non-confidential and non-proprietary. We have no obligation to maintain the confidentiality of any information contained in the Content, notwithstanding our Privacy Policy.  You consent to the Sonny’s Parties’ collection, use, and disclosure of any personal information you provide in connection with the Content.

Content Standards:  The Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, the Content must not: (1) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (2) promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (3) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other right of any other person; (4) 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 law or regulation or that otherwise may be in conflict with these User Content Terms or our Privacy Policy; or (5) promote any illegal activity, or advocate, promote, or assist any unlawful act.

Representations and Warranties: You represent and warrant that: (1) you are solely responsible for the Content (e.g., you did not take or copy it from another person, post, or source), and you have all necessary rights to grant to the Sonny’s Parties the license granted above; (2) any statements that you make or provide about us, any Sonny’s BBQ location or any of our or our franchisees’ products, services, or programs in any Content are accurately stated to the best of your knowledge; (3) the Content does not (and the Sonny’s Parties’ use or disclosure of it will not) violate someone else’s rights or any law, rules, or regulations; (4) you are not a minor and are competent to agree to these User Content Terms; (5) you are a resident of the United States; and (6) if any other person(s) appear in the Content or Likeness is included in the Content, you have obtained their permission to authorize our use of the Content as described herein and the grant of the rights above.

Release: You release, discharge, and agree to hold the Sonny’s Parties harmless from any liability related in any way to their use of the Content. You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not us, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the Content or accuracy of any Content.

General: These User Content Terms may not be assigned or transferred by you for any reason. If we do not exercise or enforce a legal right or remedy contained in these User Content Terms or available under applicable law, it will not be deemed a formal waiver and those rights or remedies will still be available to us.  If any court of law with jurisdiction determines that a provision in these User Content Terms is invalid, that provision will be removed and the remaining provisions will continue to be valid and enforceable. These User Content Terms are governed by Florida law excluding conflict of laws rules. With respect to any dispute or other legal proceeding arising out of these User Content Terms or our use of the Content, you irrevocably consent to personal jurisdiction and venue in state and federal courts located in Orange County, Florida.  These User Content Terms incorporate by reference our Terms of Use.  If there is any conflict between these User Content Terms and our Terms of Use, the terms of these User Content Terms will control concerning the Content.

Modifications: Sonny’s reserves the right to alter these User Content Terms without advance notice by posting revised User Content Terms, which shall become effective when published. Any questions about the Content or these User Content Terms should be directed to [email protected]

Last updated: June 16, 2020.

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