User Generated Content (UGC) Terms of Use

In these User Generated Content (UGC) Terms of Use (“UGC Terms of Use”), “we,” “us,” “our,” or “PetSmart” refers to PetSmart LLC (or any of its affiliated companies).

PetSmart reaches out to social media users to seek their permission to feature our favorite content created by users (“User Content”) on our various sites, social channels, mobile app, and various promotional materials. User Content may consist of your photos, text, graphics, audio, video, location information, comments and other materials from social media sites or other places you post.

By responding to a message requesting our use of your User Content in the affirmative, including with #YesPetSmart, you agree to these UGC Terms of Use.

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

About You

You represent and warrant:

• 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 User Content is your own original creation, you did not take (in whole or in part) the User Content from another website, social media posting or elsewhere, and the User Content does not contain anything that violates the rights of any person or entity;
• 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; 
• The User Content does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or PetSmart;
• The User Content does not contain anything illegal, defamatory, obscene, threatening, or racially, sexually, religiously, or otherwise objectionable and offensive;
• You will not impersonate anybody;
• You have permission from any person(s) (or in the case of minors, their guardian; or in the case of pets, their pet parent), appearing in the User Content to provide us with the rights to use the User Content as described in these UGC Terms of Use;
• Your upload or post of the User Content does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the User Content;
• Our use of your User Content as described in these UGC Terms of Use 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;
• You confirm and agree that our use of your User Content 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.

User Content License

You grant to us 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 PetSmart’s sole discretion, including but not limited to use on webpages, mobile applications, and social media pages operated by PetSmart, 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. You agree that we may use, display, reproduce, distribute, transmit, publicly perform, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in our sole discretion, with no obligation to you whatsoever. 

You also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the User Content. You agree that we have no obligation to use your User Content or your name or other identifying information.

You confirm that you have the consent or permission of any other person or entity that is required for our use of your User Content as described in these UGC Terms of Use. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the User Content and the rights you are granting us under these UGC Terms of Use.

You irrevocably and unconditionally waive (and agree not to enforce) all rights in the User Content, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.

You represent and warrant that (i) you own or otherwise have the right to grant the license granted above with respect to any content you post and (ii) all of your User Content will comply with these UGC Terms of Use.

If requested, you will sign any documentation reasonably requested by PetSmart in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under these UGC Terms of Use.

We have no obligation to use the User Content and we may remove or stop using any User Content at any time, for any reason. Use of the User Content does not imply our endorsement of or any affiliation with you.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available, access or post is solely your responsibility. You hereby release, discharge and agree to hold PetSmart, and any person acting on its behalf, harmless from any liability related in any way to its use of your User Content. You shall be liable for and shall indemnify us 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.

Privacy Policy

We will use any personal data we receive in connection with our use of the User Content in accordance with these UGC Terms of Use and in accordance with our Privacy Policy. You consent to our collection of any personal data you provide in connection with the use of the 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 provide us with personal information or agree to these terms. 

Copyright Policy

We reserve the right to remove any User Content from our website, social media channels, promotional materials or other properties (collectively, “PetSmart Properties”). If you believe any content, including User Content, residing on the PetSmart Properties infringes any person’s or entity’s copyright rights, please refer to the copyright policy in our Terms of Use.

Intellectual Property Rights

The PetSmart 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 PetSmart by authorizing use of your User Content or otherwise using or accessing the PetSmart Properties.

Additional Terms

These UGC Terms of Use apply to all PetSmart Properties and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on the PetSmart Properties, you also will be subject to additional terms of use, agreements, guidelines or rules provided or posted by PetSmart applicable to such User Content, including but not limited to those set forth in PetSmart’s Terms of Use and Privacy Policy, and you hereby agree to be bound by such additional terms of use, agreements, guidelines or rules provided or posted by PetSmart.

Miscellaneous Terms

These UGC Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent. We may assign our rights and obligations under these UGC Terms of Use to any other person, in whole or in part, without your consent.

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.

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

The construction, validity and performance of these terms shall be governed by the laws of the State of Arizona, USA and the parties submit to the exclusive jurisdiction of the courts of Arizona 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.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE UGC TERMS OF USE AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE UGC TERMS OF USE TOGETHER WITH PETSMART’S TERMS OF USE AND PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO POSTING USER CONTENT ON THE SITES AND THE SUBJECT MATTER OF THESE UGC TERMS OF USE.

Last updated: December 2, 2022