USER GENERATED CONTENT TERMS OF USE

(“TERMS OF USE”)

Gruma Corporation dba Mission Foods (“Mission Foods”) reaches out to social media users to seek their permission to feature their user content on Mission Foods’s various sites, social media pages, and various promotional materials. You are reading this because Mission Foods has requested your permission to use your social media content in this way.

In consideration for Mission Foods’ use and/or distribution of your individual social media content (“User Content”) on Mission Foods Properties (as defined below), which will be available to any followers and/or users of Mission Foods Properties, you agree to and are bound by these Terms of Use, which you acknowledge by replying using the hashtag #yesmissionfoods.

Mission Foods engages trusted third-party service providers to facilitate the collection and transmission of User Content to the Mission Foods’ websites (www.missionfoods.com and others) (the “Site”), social media pages, promotional materials, and other properties of Mission Foods (“Mission Foods Properties”), including User Content photos, text, graphics, audio, video, comments, and other materials from social media pages, for use by Mission Foods in connection with its business, including Mission Foods’s marketing, promotional, advertising and other consumer-related activities (the “Mission Foods Services”).

Mission Foods 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 frequently at www.missionfoods.com/ugc-terms/ and each time you grant permission or authorization to feature your User Content.

USER CONTENT LICENSE

You retain all ownership of your User Content. By agreeing to these Terms of Use, you hereby grant to Mission Foods and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, advertising agencies, promotion agencies, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates, and the employees and agents of each (the “Licensed Parties”) a worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to reproduce, display, post, distribute, or otherwise 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, in perpetuity and in any media, medium, or format 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 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. To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known (collectively, “Claims”), arising directly or indirectly from the Licensed Parties’ publication, promotion, advertising, public relations, publicity, or other use of your User Content, and whether resulting in whole or in part from the negligence of Mission Foods or any other person, and you hereby covenant not to make or bring any such Claim against any Licensed Party and forever release and discharge the Licensed Parties from liability under such Claims.

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 the full rights, powers, authorities, 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 confidential, 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 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 of Use, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and its 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 consent to the use of your User Content, or otherwise provide the Licensed Parties with personal information. By agreeing to these Terms of Use, you agree to the foregoing collection, use, disclosure, transfer and processing of your personal information in accordance with these Terms of Use, the Licensed Parties’ respective privacy policies, and applicable data protection laws and regulations. For California residents, your rights pertaining such personal information can be located at Mission Foods’ Privacy Policy for California Residents, available at www.missionfoods.com/privacy-policy/

The Licensed Parties reserve the right to remove any User Content from the Site and the Mission Foods Properties. If you believe any content, including User Content, residing on the Site or on the Mission Foods Properties or displayed or used in connection with the Mission Foods Services infringes any person’s or entity’s copyright rights, please contact Mission Foods at 1-800-600-8226.

ADDITIONAL TERMS

These Terms of Use apply to the entire Site, the Mission Foods Properties, and Mission Foods Services and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on the Site or on any of the Mission Foods Properties or in connection with the Mission Foods Services, you also will be subject to additional terms of use, agreements, guidelines or rules provided by Mission Foods applicable to such Mission Foods Services and User Content, including but not limited to those set forth on the Mission Foods website at www.missionfoods.com/privacy-policy/, and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by Mission Foods.

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

INTELLECTUAL PROPERTY RIGHTS

The Site, Mission Foods Services, or Mission Foods Properties may be 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 Mission Foods by authorizing use of your User Content or otherwise using or accessing the Site, the Mission Foods Services, or the Mission Foods Properties.

MISCELLANEOUS

These Terms of Use are governed by the laws of the State of Texas, regardless of conflicts of laws principles.  

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

If you are entering into these Terms of Use on behalf of an organization, you represent that you have the authority to do so.

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

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: April 30, 2021