By submitting User Content (defined below) on any of the Permitted Parties’ (defined below) respective social media channels and/or by posting or publishing any User Content or information on or through any social media platforms or channels (now known or hereinafter devised) and allowing the Permitted Parties to feature or use such User Content, I hereby agree to the following Terms & Conditions:
1. USE OF NAME, HANDLE, TEXT, PHOTO, VIDEO, LIKENESS, and INTELLECTUAL PROPERTY. I hereby grant to Caterpillar Inc. ("Caterpillar"), its subsidiaries and affiliated companies, (collectively, the "Permitted Parties") a non-exclusive, irrevocable (except as specified in Section 3 herein under Takedown), unlimited, perpetual, royalty-free, fully-sublicensable, fully transferable, fully paid up, worldwide: (i) right and license to any text, photograph(s), audio recordings, and/or video(s); and (ii) the rights and permission to use my name and/or social media handle, voice, image(s), and likeness posted to any social media platform including, but not limited to Facebook, Instagram, X (formerly Twitter), and LinkedIn by using the Permitted Parties’ promotional hashtag (e.g., #YesCaterpillar) ((i) and (ii) being the "User Content") on any of the Permitted Parties websites (e.g., www.cat.com, www.caterpillar.com) (collectively, “Caterpillar Websites”), on social media platforms (e.g., Facebook, Instagram, X, LinkedIn), ( “Platforms”), and in other print, audio, and video marketing and advertising avenues (“Advertising”) all without compensation to me. For this reason, I shall not send User Content or provide permission to use any User Content that I do not wish to license to the Permitted Parties, including any confidential information or any original creative materials, including but not limited to stories, product ideas, videos, computer code, or original artwork.
I agree that the User Content may be used, copied, distributed, published, exhibited, digitized, publicly displayed, reproduced, altered, edited, transmitted, modified, deleted, adapted, translated, manipulated, and otherwise used via any medium and by whatever means, in whole or in part, anywhere in the world, at any time, for an unlimited number of projects, for any and all purposes of both digital and non-digital advertising, marketing, and/or trade in promoting and/or publicizing the Permitted Parties and their respective businesses.
I agree that I shall have no right of approval, no claim to compensation (including, but not limited to royalties), and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, copyright infringement or trademark infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, modification, adaptation, translation, distortion, faulty reproduction, or use in any composite form of the User Content. Furthermore, I irrevocably waive any and all “moral rights” I may have in the User Content. To the extent I provide any personal information, I understand that such personal information will be collected shared, and otherwise processed in accordance with Caterpillar’s Global Data Privacy Statement (http://www.caterpillar.com/dataprivacy, as the same may be amended or replaced from time to time.
2. COMPLIANCE WITH TERMS FOR THIRD PARTY PLATFORMS. I acknowledge and agree that in order to post User Content on a Platform, I will be in full compliance with the terms and conditions of such Platform.
I am responsible for reviewing all terms, including but not limited to the privacy statements of any such Platform.
3. TAKEDOWN. If I want my User Content removed from the Platforms used by Caterpillar or Caterpillar Websites and Advertising, I will send a message containing the link to the User Content and my name to www.caterpillar.com/en/contact.html
4. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION BY USER. I represent and warrant that:
(a) I am 18 years old or older;
(b) I have the legal right to post the User Content, am solely responsible for the User Content I submit, have the express permission from any and all parties featured in the User Content to use their name, image, likeness and voice (if minor child are involved, then I have obtained express permission from their legal guardians), and agree that none of the Permitted Parties shall assume any liability for any User Content submitted by me;
(c) neither the User Content nor the use of the User Content by the Permitted Parties will infringe upon or violate the rights of any of the Permitted Parties and/or any third parties, including but not limited to intellectual property rights or other rights, including, without limitation, any right of publicity, trademark, patent and/or copyright, of any other person, entity, or any applicable laws;
(d) the User Content does not contain any User Content that is inappropriate, indecent, profane, sexually explicit, obscene, hateful, threatening, abusive, violent, degrading, defamatory, slanderous, libelous, or otherwise depicts inappropriate or dangerous behavior; and such User Content will not cause harm or injury to any person or entity;
(e) the User Content does not contain any advertising or other commercial User Content;
(f) the User Content is not created by artificial intelligence (AI), or computer generation;
(g) the User Content contains true information;
(h) the User Content will not violate or facilitate the violation of any law or regulation; and
(i) the User Content will not contain any malware, “Easter eggs” (i.e., hidden message, image, or feature), political campaigning, religious information, commercial solicitation, chain letters, mass mailings, or any form of "spam" (i.e., unsolicited digital communication).
Further, I agree to notify the Permitted Parties in a timely manner upon learning if these representations and warranties are materially incorrect.
I hereby agree to indemnify, defend, and hold harmless each of the Permitted Parties from and against any and all claims, lawsuits, demands, actions or other proceedings of any kind brought against it by any third party and from any and all damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Permitted Parties in connection with or arising from any such claim, lawsuit, action, demand ,or other proceeding: (a) relating to or arising out of any breach or alleged breach of any of my warranties, representations, or agreements herein, (b) violation of these Social Media Terms And Conditions, or (c) violation of any law(s), regulation(s), or third party rights.
I shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Permitted Parties in connection with or arising from any such claim, lawsuit, action, demand, or other proceeding.
5. TERMS OF USE AND CATERPILLAR SOCIAL MEDIA COMMUNITY GUIDELINES. Except as otherwise expressly set forth in these Social Media Terms And Conditions, I hereby understand and agree to the Terms of Use located on Caterpillar’s website (https://www.caterpillar.com/en/legal-notices/terms.html) and such Terms of Use are hereby incorporated as if fully set forth herein. I further agree to comply with the Caterpillar Social Media Community Guidelines (https://www.cat.com/en_US/articles/caterpillar-social-media-community-guidelines.html).
6. RESERVATION OF RIGHTS. I acknowledge and agree that the Permitted Parties reserve the right (but have no obligation) to do any or all of the following, in their sole discretion: (a) monitor User Content; (b) remove or refuse to post or allow to be posted any User Content; and/or (c) disclose any User Content, and the circumstances surrounding its transmission to any third party.
7. NO OBLIGATION TO USE. I understand and agree: (a) that the Permitted Parties shall have no obligation to use the User Content (or any part thereof) in any way; and (b) that the Permitted Parties may remove the User Content (or any part thereof) from the Platforms, Caterpillar Websites, or Advertising at any time for any reason in the Permitted Parties' sole discretion. I further understand and agree that the Permitted Parties will not use any User Content or other materials it finds inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, libelous or contrary to its Values in Action, or that the Permitted Parties believes may violate or infringe another's rights, including, without limitation, privacy, publicity, or intellectual property rights.
8. COMPLIANCE WITH LAWS. I understand and agree to comply with all applicable laws governing activities and parties under these Terms and Conditions, including but not limited to national, state, and local laws, rules, regulations, and directives of the United States and other applicable countries. These laws include but are not limited to: anti-bribery and corruption laws, anti-money laundering laws, and export controls and economic sanctions laws. I represent and warrant that I am not a restricted party on any list maintained by the United States (including but not limited to the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury), or any similar lists maintained by other applicable jurisdictions.
