Scarab User Generated Content Terms of Use

Scarab reaches out to social media users to seek their permission to feature our favorite content on our various social channels. You are reading this because Scarab has requested your permission to use your social media content in this way. Please read these Terms of Use carefully. These terms are a legal contract between you and Scarab.

If you choose to allow us to use your social media content (“User Content”) like our comment on your photo and reply with the hashtag #YesScarabJet, you agree to these Terms of Use.

Scarab engages a limited number of service providers to facilitate the collection and transmission to the social media channels of User Content, including photos, text, graphics, audio, video, comments and other materials from social media sites, for use by Scarab in connection with its business, including Scarab’s product feature, marketing, promotional, advertising and other consumer-related activities.

Scarab reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorization to feature your User Content.

USER CONTENT LICENSE

You hereby grant to Scarab and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.

You will retain ownership of your User Content subject to the license granted herein. You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.

You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) 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, (iii) you are not a minor, (iv) the Licensed Parties’ 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, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content. The Licensed Parties shall not be responsible for any other parties’ use of your User Content, even if such third-party use originated with or is derived from Licensed Parties’ use of your User Content.

The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By agreeing to these terms, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not reply with the hashtag #YesScarabJet, or otherwise provide the Licensed Parties with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the Licensed Parties behalf. By using social media or otherwise providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations.

ADDITIONAL TERMS

You certify that you are at least 18 years of age.

If any children are depicted in the User Content, you represent that you are the parent or guardian with legal responsibility of any minors depicted in the User Content.

The Licensed Parties reserve the right to remove any User Content from Scarab social channels at any time. You additionally have the right to request that we cease all further use of your User Content, which you may request by notifying us at [email protected] and providing the following information: (a) first and last name, (b) email address, (c) content origin, (d) social platform, and (e) social handle and media content description. Scarab will take commercially reasonable, good-faith steps to cease further use by Scarab of specifically-identified User Content within five (5) business days thereafter. However, Scarab may not be able to eliminate uses of your User Content that are in the process of production or distribution, and not all User Content is capable of being completely or permanently removed.

INTELLECTUAL PROPERTY RIGHTS

Scarab is 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 Scarab by authorizing use of your User Content or otherwise using or accessing Scarab social channels.

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured by Scarab or has been otherwise copied and made available by Scarab in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include:

     • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;

     • a description of the copyrighted work that you claim has been infringed;

     • a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);

     • your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;

     • a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

     • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Your statement must be addressed as follows:

      Legal Department

      925 Frisbie St.

      Cadillac, MI 49601

      [email protected]

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

MISCELLANEOUS

These Terms of Use are governed by the laws of the State of Michigan. You hereby consent to disputes concerning these Terms of Use to be subject to the exclusive jurisdiction of the Circuit Court of Wexford Country, MI, or the Western District of Michigan Federal District Court.

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Scarab’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

You agree that if Scarab does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Scarab has the benefit of under any applicable law), this will not be taken to be a formal waiver of Scarab rights and that those rights or remedies will still be available to Scarab.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

Last updated: July 10, 2023