Terms of Use for User-Generated Content

These Terms of Use for User-Generated Content (“UGC Terms of Use”) describe the terms and conditions under which Harvest Seed & Supply® and its parent company Global Harvest Foods, Ltd. and their affiliates, suppliers, licensees, successors, or assigns, and/or its and their respective officers, directors, employees, contractors and agents (collectively, “Harvest”) may use that content created and publicly posted by you, as more specifically identified in Harvest’s communication to you via the social media platform on which such content appears (the “User-Generated Content”).

The “Photo” refers to the photo(s), video(s), caption, comments and username you posted on Facebook, Twitter, Instagram or Pinterest (“Social Media“) described in the message we sent referring you to these UGC Terms of Use.

Important Notice — This is a Contract

By replying “Y”, “YES” or “#SHAREMYPHOTO” or clicking “I Accept” or “I Agree”, you agree to be bound by these UGC Terms of Use, without limitation or qualification. Harvest reserves the right to modify these UGC Terms of Use by posting new versions thereof, as well as the right to provide additional notice of material changes, which modifications and changes will be effective immediately.

You represent and warrant that:

  • You are at least eighteen (18) years of age or are legally considered an adult in the State or Country where you reside;
  • You have full power and authority to agree to these UGC Terms of Use;
  • The Photo is your own original creation, you did not take the photo from another website, social media posting or elsewhere, and the Photo does not contain anything that violates the rights of any person or entity;
  • The Photo does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than Harvest;
  • The Photo does not contain anything illegal, defamatory, obscene, hateful, harassing or offensive;
  • You have permission from any person(s) appearing in the Photo to provide us with the rights to use the Photo as described in these UGC Terms of Use;
  • Your upload or post of the Photo does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the Photo;
  • Harvest’s use of your Photo as described in these UGC Terms of Use will not violate the rights of any person or entity and will not violate any law.
  • You confirm and agree that Harvest’s use of your Photo as described in these UGC Terms of Use does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity; and
  • You have read and you agree to comply with all of the terms and conditions in these UGC Terms of Use.

You hereby grant to Harvest a non-exclusive, irrevocable, worldwide, royalty-free right and license to exhibit and otherwise use (and to authorize third parties to exhibit and otherwise use) the User-Generated Content, in perpetuity, on Harvest’s website(s), blog(s), mobile website(s), mobile app(s), email(s) and on Harvest-branded digital and social media channels. Harvest may modify the User-Generated Content for formatting, navigational, integration or other purposes, but such modifications will not materially distort such User-Generated Content.

Whether Harvest chooses to use the Photo or not is solely our choice. Harvest has no obligation to use the Photo and may remove or stop using any Photo at any time, for any reason. Use of the Photo does not imply Harvest’s endorsement of or any affiliation with you.

Copyright Policy

We respect the intellectual property of others, and we ask you to do the same. If you believe that your Photo has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998.

Limitation of Liability

You shall be liable for and shall indemnify Harvest against any and all claims, actions, liabilities, losses, damages, expenses (including reasonable legal expenses) incurred by us which arise directly or indirectly from a breach by you of your obligations, representations or warranties under these UGC Terms of Use.


These UGC Terms of Use contain all the terms agreed between us regarding the Photo and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

A failure by us to exercise and any delay, forbearance or indulgence by us in exercising any right, power or remedy under these UGC Terms of Use (in whole or in part) shall not operate as a waiver of that right, power or remedy or preclude its exercise at any subsequent time or on any subsequent occasion. A person not a party to these UGC Terms of Use has no right to enforce any of these terms.

The construction, validity and performance of these terms shall be governed by the laws of the State of Washington, USA and the parties submit to the exclusive jurisdiction of the courts of Washington to resolve any dispute arising under or in connection with these UGC Terms of Use. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these UGC Terms of Use are invalid, then that provision will be removed without affecting the rest of the UGC Terms of Use. The remaining provisions of these UGC Terms of Use will continue to be valid and enforceable.

Any questions regarding these UGC Terms of Use may be directed to: Harvest Seed & Supply c/o Global Harvest Foods, 16000 Christensen Road Suite 300, Seattle, WA 98188, U.S.A.