User Generated Content

USER CONTENT TERMS

You may choose to provide Barkman Concrete Ltd. (“Barkman”, “we”, “us”, and “our”) with your own original content such as personal photographs, videos, product reviews, comments, text, audio/visual recordings, images, and/or other materials (“User Content”).  Provided that your User Content complies with these User Content Terms (the “Terms”), our Terms of Use, and our Privacy Policy, we welcome you to submit your User Content to us, via the Website or other means we may permit.  We and/or our designates may also reach out to you through email, apps, social media, or other means to request the use of User Content you have published elsewhere and/or not submitted directly to us.  By submitting your User Content to us, including via our websites, or by otherwise allowing us to use your User Content, you are agreeing to the following:

You grant to us and any of our designates, assigns, successors and licensees a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual, unrestricted, sublicenseable right to use, market and promote your User Content in any manner or media now known or later developed, for any purpose, including without limitation the rights to reproduce, display, publish, perform, translate, transmit, broadcast, modify, adapt, alter, distribute, sell, lease, lend, display, present, commercialize, create derivative works from your User Content, and exercise all intellectual property and any other rights with respect to your User Content, without any compensation or notice to you or any approval from you, with or without your name (whether your legal name or your user name on the applicable platform), including, without limitation, in advertising and promotion of any of our products and/or services.  Without limiting the foregoing, you represent that you have all consents and licenses necessary to use and to authorize us and our designates, assigns, successors and licensees to use your User Content in the manner permitted in the Terms. You agree that your User Content is not confidential.

You represent and warrant to us as follows: that your User Content is your own original work and that you have the right to grant the rights and permissions set forth in the Terms; you have obtained all necessary licenses and permissions from all applicable third parties required for the submission of the User Content and use as permitted in the Terms; you are over the age of 18; the posting and/or display and/or other permitted use of your User Content by us or those deriving rights through us will not violate any provision of any applicable law or regulation, or in any way infringe or violate rights of any third parties, including but not limited to copyright and other intellectual property, privacy or other rights; you waive any and all “moral rights” that exist in your User Content and any derivative works made therefrom.

You agree that your User Content created, submitted or otherwise made available by you to us or for us will not: be abusive, threatening or harassing towards others; include any infringing, obscene, defamatory, slanderous, libelous, offensive, or illegal content (including without limitation content which violates another person’s right of privacy); include commercial or political solicitations or messages; include any content designed to injure people or property (including without limitation viruses); impersonate others or be misleading as to your identity or the source of your User Content; suggest that you or your User Content is sponsored or endorsed by us (unless it is); otherwise violate the Terms.

You agree that these Terms are to be considered an agreement made under seal.

 

Intellectual Property Notice

If you are an intellectual property owner and believe that we have copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise used your own original content such as personal photographs, videos, product reviews, comments, text, audio/visual recordings, images, and/or other User Content in any manner or media without your consent and that intellectual property infringement has occurred, please send a Notice of Infringement to:

Privacy Officer
Barkman Concrete Ltd.
152 Brandt Street, Steinbach, MB, Canada R5G 0R2

All Notices of Infringement must be made through email. When you write, please be sure to tell us:

  1. Your full legal name;
  2. Your address;
  3. Your email address;
  4. Your phone number (where you can be reached during business hours);
  5. Which of your works have been infringed and evidence of ownership, including: true copies of trademark registrations, true copies of copyright registrations, and evidence of first use;
  6. The specific location of the infringing material (whether on our websites, social media, apps, or elsewhere), and links to the offending material where appropriate.

We take your intellectual property rights seriously. Once we receive a Notice of Infringement, we will take whatever action that we believe, in our sole discretion, to be appropriate. This includes removing the offending material and blocking access to users who have a history of intellectual property infringement.