a. The Platform. Howl is and will remain the sole and exclusive owner of all right, title, and interest in and to the Platform and the Services, including, without limitation, all source code, object code, operating instructions, and all interfaces developed for or relating to the same, together with all modifications, enhancements, revisions, changes, copies, partial copies, translations, compilations, improvements, and derivative works thereof and thereto made by or on behalf of Howl, and including all intellectual property rights embodied in any of the foregoing. The Howl name and all related names, logos, product and service names, designs, and slogans are trademarks of Howl or its affiliates or licensors (the “Howl Marks”). You must not use such marks without the prior written permission of Howl. Except as otherwise stated herein, no right, title, or interest in or to the Platform, the Services, the Howl Marks, any other Services, or any content on the Platform is transferred to you, and all rights not expressly granted herein are reserved. Your use of the Platform is personal and non-exclusive and may be revoked at any time, and may be only used in connection with your participation in Campaigns pursuant to the terms and conditions of these Terms.
b. Merchant Rights. All names, logos, product and service names, designs, and slogans, or any photos, images, videos, text or other information or content, on the Platform or in connection with any of the other Services provided or made available by a Merchant, are the intellectual property rights of such Merchant or its respective owners (the “Third-Party Rights”). From time to time, Merchant may make available to you certain Third-Party Rights expressly indicated as intended for use in connection with your participation in a particular Campaign (the “Merchant Rights”). You have a limited, non-exclusive, revocable right, during the duration of the applicable Campaign, to use the Merchant Rights solely for the purposes of creating content to promote Campaigns on websites, newsletters, social media platforms, or other digital properties that you either own or are authorized to use (the “User Channels”). You must not otherwise use such Merchant Rights without the prior written permission of Howl or Merchant, and in any event you have no right to use any other Third-Party Rights. Howl or the Merchant may suspend or terminate your right to use the Merchant Rights at any time, in which case you will immediately cease using, posting or displaying any Merchant Rights (including, to the fullest extent within your control, the removal and/or deletion of any such use of the Merchant Rights). All rights not expressly granted herein are reserved by Howl or Merchant, as applicable.
c. Partner Content & Partner Contributions; Licenses. As between the parties, you retain ownership in any original content that you create and display or otherwise make available via the User Channels in connection with a Campaign, excluding any aspects incorporating or derived from the Platform, the Howl Marks, Third-Party Rights or Merchant Rights (such original content, the “Partner Content”).
The Platform may contain message boards, personal web pages or profiles, forums, and other interactive, community or shared features that allow users (including Partners) to post, submit, publish, display, or transmit to other users or other persons information, content or materials on or through the Platform. Any such information, materials or content that you post or otherwise provide are deemed “Partner Contributions,” and must comply with our Community Guidelines. As between the parties, you retain ownership in your Partner Contributions, except to the extent incorporated or derived from the Platform, the Howl Marks, Third-Party Rights or Merchant Rights.
You grant Howl and our affiliates, service providers, and each of their and our respective licensees, successors, and assigns the perpetual, irrevocable, worldwide, assignable, sublicensable, royalty-free right to (i) re-share or re-post Partner Content on our Platform or (ii) use, disclose, reproduce, modify, perform, display, distribute, and otherwise commercialize any Partner Contributions, including, in each of (i) and (ii) above, in connection with (x) providing the Services and (y) the marketing or promotion of the Platform or Merchant’s products or services.
You understand and acknowledge that you are responsible for any Partner Content and Partner Contributions, and you, not Howl, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Partner Content or Partner Contributions.
d. Other Marketing Materials. By using any of the Services, you grant Howl and our affiliates, service providers, and each of their and our respective licensees, successors, and assigns the perpetual, irrevocable, worldwide, assignable, sublicensable, royalty-free right to, without further authorization or compensation, to: (i) refer to you as a user of the Services; and (ii) use any of your profile images and screen names (your “Likeness”) in content and materials to advertise, promote, and market the Services and/or Howl or in connection with Merchant re-targeting campaigns referencing your product recommendations (the “Marketing Materials”). Howl owns all right, title, and interest, including, without limitation, all copyright rights, in and to any Marketing Materials (other than your Likeness or any Partner Content or Partner Contributions used therein).
You may expressly opt out of this Section in writing. To opt-out, please email Howl at questions@planethowl.com. You acknowledge and agree that you shall have no right to review or approve Marketing Materials before they are used by Howl, and that Howl has no liability to you for any editing or alteration of the Marketing Materials. Howl has no obligation to create or use the Marketing Materials or to exercise any rights given by these Terms of Use.