As of November 1, 2018

From time to time, Cumberland Farms, Inc. (“Cumberland Farms” or “we”, or “us”) may reach out to social media users to seek their permission to feature their content on our websites, social channels, and various promotional materials. You are reading this because we have requested your permission to use your social media content in this way.

If you choose to allow us to use your social media content (“User Content”) by replying with the hashtag #YesCumberlandFarms, you agree to these Terms and Conditions.

We reserve the right to alter these Terms and Conditions without advance notice by posting a revised Terms and Conditions. Accordingly, you should review the Terms and Conditions each time you grant permission or authorization to feature your User Content.

By responding to our message with #YesCumberlandFarms you represent and warrant that:

  • you are eighteen (18) years of age or older;
  • you own all rights in and to your User Content;
  • you have permission from any person(s) appearing in your User Content to grant the rights herein;
  • our use of your User Content does not infringe the rights of any third party or violate any law;
  • your User Content is in compliance with the social platform’s Terms of Use; and
  • you have read, understand and agree to the following Terms and Conditions:

By replying to a request from Cumberland Farms to use my User Content with #YesCumberlandFarms, I understand that I grant to Cumberland Farms, its designees, affiliates, licensees, and their assignees an unlimited, non-exclusive, assignable, sub-licenseable, perpetual, worldwide license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display my User Content in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity, promotional and commercial purposes. Furthermore, I agree that Cumberland Farms, its designees, affiliates, licensees, and their assignees shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter my User Content for any purpose which they deem necessary or desirable, and I irrevocably waive any and all so-called moral rights I may have therein.

I grant to Cumberland Farms, its designees, affiliates, licensees, and their assignees the right to use my username, real name, image, likeness, location and/or other identifying information in connection with any use of my User Content

I hereby represent and warrant that (i) I am solely responsible for my User Content, (ii) I own all rights in and to my 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, (iii) Cumberland Farms, its designees, affiliates, licensees, and their assignees use of my 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, and (iv) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

I hereby release, discharge and agree to hold Cumberland Farms, its designees, affiliates, licensees, and their assignees, and any person acting on their behalf, harmless from any liability related in any way to their use of my User Content.

I consent to Cumberland Farms, its designees, affiliates, licensees, and their assignees collection of any personal information I may provide for Cumberland Farms, its designees, affiliates, licensees, and their assignees use and disclosure in connection with the use of my User Content as described herein. I understand that if I do not agree to the collection, use and disclosure of my personal information in this way, that I should not grant them permission to use my User Content as described herein.

Finally, by replying to a request from Cumberland Farms to use my User Content with #YesCumberlandFarms, I understand that a legally binding license agreement between me and Cumberland Famrs is concluded and I hereby agree to indemnify and hold Cumberland Farms and its parent, affiliates and subsidiaries, and each of their respective employees, officers and directors (collectively, the “Releasees”) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of (i) any breach or alleged breach of any of the warranties, representations or agreements hereunder, or (ii) any use of the User Content as contemplated hereunder.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CUMBERLAND FARMS BE LIABLE FOR (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv) loss of income, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to THE USE OF THE USER CONTENT AS DESCRIBED HEREIN, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Copyright Claims: Cumberland Farms respects and seeks to protect the legal rights of copyright owners. If you believe any User Content we share infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”).  To be valid, a DMCA Takedown Notice must (1) be provided to Cumberland Farms’ designated agent (“Copyright Agent”), as set forth below, and (2) include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 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;
  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have 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
  • A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Cumberland Farms’ Copyright Agent to receive DMCA Takedown Notices is: Brian E. Glennon, General Counsel, 165 Flanders Road, Westborough, MA 01581