Terms of Service

Terms of Service

These Terms of Service, effective March 17, 2017, delineate the rights and responsibilities of you and Mercury Marine, a division of Brunswick Corporation (“Mercury”).  The Terms of Service are in addition to, and in the event of conflict, controlling over, the Terms of Use that also apply to this Mercury website.

This Mercury website provides a service (“Service”) that includes the ability to upload an image (“Submitted Image”) to Mercury’s website.  The Mercury website overlays “Go Boldly” or other Mercury trademark or other image onto the Submitted Image, and/or modifies the Submitted Image in some other way (“Mercury Modification”), and a copy of your Submitted Image with Mercury Modification is downloadable for your limited personal use.  The Submitted Image, excluding Mercury Modification, remains your property.  The Mercury Modification is and remains Mercury’s property, including all Mercury intellectual property, such as trademarks and copyrights, included in the Mercury Modification. 

Under these Terms of Service, you provide a license and permission to Mercury to use the Submitted Image, with or without the Mercury Modification, on Mercury’s website, in Mercury’s advertisements, or for Mercury’s other business purposes.  By accessing the Service, you agree to these Terms of Service.  If you do not agree with these Terms of Service, do not use the Service.

You Represent and Warrant:

  1. You are over age 18.
  2. You are located within the jurisdiction of the United States, or in a jurisdiction that allows you and Mercury to fully practice these Terms of Service without infringing upon local laws and regulations (such as restrictions on a party from transferring the Submitted Image to data servers located in the United States).
  3. You own the Submitted Image, and it does not contain the intellectual property of another party (such as third-party trademarks or copyright matter).
  4. You have obtained permission to submit the Submitted Image to Mercury pursuant to these Terms of Service from all persons appearing in any Submitted Image, and for any person under age 18, you have permission from their parent or legal guardian.
  5. The Submitted Image does not contain any Inappropriate Content, as described below.

You Acknowledge and Agree:

  1. You grant to Mercury a fully paid-up, worldwide, transferable, terminable, nonexclusive license to:
    1. Use the Submitted Image, any intellectual property contained therein, and derivative works of the Submitted Image such as Mercury Modifications, on Mercury’s website, in Mercury’s advertisements, or for Mercury’s other business purposes.  Such advertisements include, but are not limited to, electronic media such as websites, streaming services, and banner advertisements, print media such as newspapers, magazines, and posters, and broadcast media such as television.  Mercury’s other business purposes include, but are not limited to, use in owner’s manuals, internal or dealer training, or non-public product sales.
    2. Create Mercury Modifications of the Submitted Image including, but not limited to, edits, markups, augmentations, crops, combinations with other images or text, blurring of third-party matter, color changes, background changes, adding logos, adjustments to image quality, tone, or color, and the like.
  2. You grant to Mercury permission to use your likeness and the likeness of any other person in the Submitted Image in accordance with the other terms herein.
  3. You will not submit any Submitted Image that is or includes Inappropriate Content, including but not limited to:
    1. Hate speech, threatening content, obscene, nude, or pornographic content,
    2. Content that is violent or incites violence,
    3. Content that bullies, harasses or is discriminatory,
    4. Content that is shows, glorifies or simulates unsafe boating or illegal behavior,
    5. Content that defames or otherwise violates the rights of others, and/or
    6. Content that includes viruses or malicious code.
  4. You will not use the Services for commercial purposes including personal or third-party advertising.
  5. Any Submitted Image that you choose to submit will be in .jpg or .png format.
  6. Your Submitted   Image will be uploaded to, and stored on, data servers located within the United States.
  7. Mercury shall own the copyright on any derivative work of the Submitted Image including any Mercury Modification.
  8. In the event you wish to terminate the license and permission granted herein, you must do so in writing to the address below with sixty (60) days notice.  If you so terminate, your Submitted Image may persist in backup copies, metadata, and other formats not normally accessible, for a reasonable period of time on Mercury’s servers.
  9. If you use a mobile device or other device that accesses a cellular/mobile phone network, your carrier’s normal charges apply, including mobile data rates and fees.
  10. In the event of a dispute related to Mercury, these terms, your Submitted Image, Mercury Modifications, the Mercury website, or this Service, you will:
    1. First make a good-faith attempt to resolve the matter amicably through mutual negotiation,
    2. Use and submit to the jurisdiction, courts and laws of the state of Illinois, United States,
    3. Indemnify and hold harmless Mercury, its directors, shareholders and employees from and against all damages, losses, and expenses including attorney’s fees and court fees deriving from any third-party action that may arise from your use of the Services or Submitted Image with Mercury Modifications, or that may arise from a violation of the above representations and warranties by you.
  11. These Terms of Service and the website Terms of Use represent the entire agreement between you and Mercury.
  12. Mercury reserves any rights not explicitly granted in these Terms of Service.
  13. If any portion of these Terms of Service are held unenforceable, the remaining portion of the Terms of Service shall remain in force.
  14. If Mercury declines to enforce any portion of these Terms of Service, such declination shall not be considered a waiver of such portion or the remaining portion of the Terms of Service.
  15. Any amendment to these Terms of Service must be in writing and signed by Mercury.
  16. Your rights and obligations herein are not transferable without Mercury’s consent. 
  17. Mercury may assign its rights and obligations without your consent, and may use third-parties in its exercise of its rights and obligations.
  18. You will comply with all laws and regulations applicable in your jurisdiction.
  19. You will exercise safe boating practices while using the Services.
  20. Mercury reserves the right to refuse, delete, not post, or not use your Submitted Image for any reason and at its own discretion.
  21. The Services and your use of the website represent the entire compensation you are entitled to receive if Mercury accepts or uses your Submitted Image pursuant to these Terms of Service.
  22. The Circle-M Logo, Mercury, and Go Boldly are trademarks of Mercury.
  23. You will not modify any Mercury Modification.
  24. Your use of the Mercury Modification shall not be construed as granting by implication, estoppel, or otherwise, any license or right to use any other Mercury property or intellectual property, except as otherwise described herein. 

Mercury Agrees:

  1. Mercury grants to you the limited, revocable for any reason, nontransferable, worldwide right to use the Mercury Modification, including copyright and trademark matter, that is applied to your Submitted Image for your personal, non-commercial, use, as long as your use does not disparage or damage the reputation of Mercury or Mercury’s rights in its intellectual property. 

Address for Notices, including for requests for Mercury to stop using your Submitted Image:

Legal Department – Mercury Marine, a Division of Brunswick Corp.
W6250 Pioneer Road
P.O. Box 1939
Fond du Lac, WI 54936-1939