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MOBILE APPLICATION CONTRIBUTOR TERMS OF USE

Last Revised: March 2017

If you create a Vendor or Market Manager account, these Mobile Application Contributor Terms of Use (these “Contributor Terms”) govern your access to and use of this mobile application, Harvest to Hand® (“mobile app” and “app”), in addition to the Mobile Application General Terms of Use.  These Contributor Terms in no way replace the Mobile Application General Terms of Use, but are additional Contributor Terms to which you agree.

BY ACCESSING AND/OR USING THIS MOBILE APP, YOU AGREE TO ABIDE BY THESE CONTRIBUTOR TERMS.  IF YOU DO NOT AGREE WITH THESE CONTRIBUTOR TERMS, YOU MAY NOT ACCESS OR USE THIS MOBILE APP.  WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE CONTRIBUTOR TERMS AT ANY TIME BY POSTING AN UPDATED VERSION IN THIS MOBILE APP. WE WILL INDICATE THAT CHANGES TO THESE CONTRIBUTOR TERMS HAVE BEEN MADE BY UPDATING THE “LAST REVISED” DATE SET FORTH ABOVE.

USER GENERATED CONTENT

Content posted by users to this mobile app is not verified by American National and does not represent the opinions or views of American National.  American National does not warrant the accuracy of any information, statements or claims posted on this app, and is not responsible for and does not endorse any user generated content.

Information posted on this app is in the public domain.  If you post information to this app, you do so at your own risk.  You are solely responsible for the content that you post.  By posting to this app, you warrant that you have permission to post the content on this app.  You also understand that any information or material that you post is public information, and that you have no expectation of privacy when you submit content to this app.

You own the content that you post to this app.  When you post it to this app, you are granting all users of this app a non-transferable, non-exclusive, royalty-free, worldwide license to use the content

Additionally, by posting to this app, you grant American National an irrevocable, perpetual, royalty-free, worldwide, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, and display your content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other provider of your content.  You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license.

American National shall have the right, but no obligation, to monitor content that you submit to the app.  American National reserves the right to refuse to post or to remove any content, in whole or in part, that in our sole discretion is inappropriate, objectionable, or in violation of these Contributor Terms.  American National reserves the right to block, suspend or permanently remove your access to this app at any time and for any reason.

DMCA

American National respects the intellectual property rights of others.  You may not use this app or the materials in it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to American National or a third party.

If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via this app in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by U.S. Mail to American National Insurance Company, One Moody Plaza, Galveston, Texas 77550, Attn: Chief Compliance Officer.  Or you can email compliance@americannational.com with the following information.

Your notice of claimed infringement must include substantially the following: (a) physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and that is to be removed from the app, and information reasonably sufficient to permit American National to locate the material; (d) information reasonably sufficient to permit us to contact the copyright owner, such as address, telephone number, and, if available, an electronic email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

American National complies with the notice and takedown procedures in the Digital Millennium Copyright Act (DMCA).  If your content was removed from the app due to a takedown notice, you may send us a counter-notification if you believe there was a mistake or misidentification.  If we receive a counter-notification, we will forward it to the party who provided us the takedown notice.  If they do not reply, we will restore your content to the app if technologically feasible. 

ADVERTISING

As a Vendor or Market Manager, you may advertise at your own risk.  You warrant that you will follow all federal and state laws, regulations and guidelines in your advertising.  In no way shall American National be liable for any advertisement you post on this app, and you waive any claims whatsoever you may have against American National for any advertisement (yours or a third party’s) on this app.

INDEMNIFICATION

You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees and court costs, arising from or related to your use of this mobile app, including, but not limited to, any content that you post or share on or through this mobile app.

CAPTIONS

The captions of the sections of these Contributor Terms are for convenience only and shall not control or affect the meaning or construction of any of the provisions.

ENTIRE AGREEMENT

These Mobile Application Contributor Terms of Use, along with the Mobile Application General Terms of Use and the Mobile Application Privacy Policy, are the complete and exclusive Agreement between you and us relating to the Harvest to Hand mobile app, which supersede any prior agreement, oral or written, and any other communications between you and us related to the mobile app.

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