On occasion, Nationwide Mutual Insurance Company (Nationwide) reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and promotional materials. You are reading this because Nationwide is requesting your permission to use your social media content in this way. If you allow us to use your social media content (“User Content”), you agree to this User Generated Content Policy.1
License
Any User Content and accompanying information you provide us, including your name, user name, social media handle, any accompanying text, and image or images from your Twitter, Instagram, or other social media site accounts will be treated as non-proprietary and non-confidential. By uploading, posting, e-mailing, or otherwise submitting to any of Nationwide’s Social Media Properties or responding affirmatively to Nationwide’s request to use your content using #OnYourSideMoments or another hashtag Nationwide requests you use, you grant to Nationwide, and you represent and warrant that you have the right to grant, a non-exclusive, irrevocable, perpetual, royalty-free, worldwide license to use, broadcast, copy, perform, display, reproduce, edit, distribute, copy, edit, change, modify, and otherwise use the User Content, or any portion thereof, in any manner. This includes, without limitation, for social media promotional and advertising purposes and in any and all media now known or hereafter created. You also agree that Nationwide may prepare derivative works of, or incorporate into other works, the User Content, and agree that Nationwide may grant and authorize sublicenses of the foregoing without any compensation to you or to any third party.
Warranties
You hereby agree, represent and warrant that (a) you are solely responsible for your User Content, (b) 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, (c) the 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, (d) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful, (e) you are not a minor and are at least 18 years of age, (f) you hereby release, discharge and agree to hold Nationwide and any person acting on its behalf, harmless from any liability related in any way to the use of your User Content, and (g) Nationwide’s Social Media Properties are 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 Nationwide by authorizing the use of your User Content or otherwise using or accessing the Nationwide Social Media Properties.
Indemnification
You agree to indemnify Nationwide and its affiliates for all claims arising from or in connection with any claims to any rights in any User Content or any damages arising from any submission of User Content. You further agree to indemnify and hold Nationwide, its affiliates, officers, directors, and employees harmless from any and all claims by any third party against Nationwide (and related damages, expenses, costs, including reasonable attorney’s fees, liabilities, verdicts, judgments and settlements) arising out of use of a submission or any breach of your representations herein, including, but not limited to, claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy.
Disputes/Governing Law
Except where prohibited, Nationwide’s Social Media Properties’ users agree that any and all disputes that cannot be resolved between the parties, and all claims and causes of action arising out of or connected with the use of Nationwide Social Media Properties and User Content shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will the Social Media Properties’ user be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and further waives all rights to have damages multiplied or increased. All issues and questions regarding rights and obligations of the Nationwide Social Media Properties’ user or User Content shall be governed by, and construed in accordance with, the laws of Ohio, without giving effect to the conflict of laws rules thereof.
Instagram, Twitter, and other similar social media forums are registered trademarks of their respective companies and not affiliated with Nationwide. Any submission via these or other similar social media sites are subject to all rules and regulations of such sites.
By submitting your User Content, you acknowledge that you have read and agree to be bound by the User Generated Content Policy.