Common use of Use of Customer Content Clause in Contracts

Use of Customer Content. Purchasers shall be allowed to purchase Safeway’s Gift Cards, choose the denomination of the Gift Card and a design as well as customize certain sections of the Packaging and Gift Cards. Safeway may reserve the right not to honor any Customer Content containing images or text-that Safeway believes: (i) infringe any copyright, trademark, right of privacy, right of publicity or any other right of a third party; or (ii) are indecent, pornographic, hateful, threatening or libelous, or that would be offensive to the community or any reasonable segment thereof (“Inappropriate Content”). If Safeway wishes to reserve this right, Blackhawk recommends that Safeway include that right in the terms and conditions it provides to Blackhawk for incorporation onto the Gift Card or Packaging, as well as any other place Safeway may disclose such terms and conditions. Blackhawk will incorporate Customer Content on Gift Cards as requested by the Purchaser unless otherwise instructed by Safeway in writing not to do so; provided however, that Blackhawk may decline to incorporate Customer Content if Blackhawk determines that: (i) incorporation on Gift Cards would be technically infeasible; or (ii) would be Inappropriate Content. Notwithstanding the foregoing, Blackhawk assumes no obligation or responsibility to make any evaluation or judgment as to the appropriateness of the Customer Content as set forth above.