SOCIAL MEDIA AGREEMENT

January 2, 2017

Submission Terms

PLEASE READ THESE SUBMISSION TERMS (“TERMS”) CAREFULLY. THEY CONTAIN IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU MAKE A SUBMISSION TO A GSI OUTDOORS WEBSITE ON WHICH THESE TERMS APPEAR (A “SITE”) OR SEND THE HASHTAG #AGREE TO GSI OUTDOORS, YOU ARE CONFIRMING THAT YOU HAVE AGREED TO BE BOUND BY THESE TERMS.

  • You may be viewing these Terms on a small screen. If so, here are the highlights of the Terms below (but please read the Terms).
  • You own the photo or other “Content” (as defined below) that you submit. Nothing in these Terms changes that.
  • You are giving GSI OUTDOORS and certain parties related to GSI OUTDOORS a license to use the Content on the Site and on GSI OUTDOORS other websites, mobile apps, e-mail, and social media channels for advertising, marketing and/or promotional purposes.
  • You are also giving GSI OUTDOORS a license to use your name and image and other biographic material in conjunction with the Content.
  • If any third party has any rights in your Content (e.g., someone else took a photo or appears in a photo), you represent that you have all the rights and permissions needed from those third parties to grant GSI OUTDOORS the license to use your Content in accordance with these Terms and nothing in the Content is inappropriate or defamatory.
  • You are releasing GSI OUTDOORS from any liability arising out of its use of the Content as described in these Terms and you promise not to sue GSI OUTDOORS for such use.
  • You represent and warrant that you are at least 18 years old.

Please review GSI OUTDOORS online Social Media Terms below. The below Terms grant GSI OUTDOORS usage rights in and to your Content that are in addition to (not in lieu of) the usage rights contemplated in Rights in User Content and Feedback and Infringer Policy; Copyright Complaints

 

  1. In Paragraph 12 in the Rights in User Content and the DMCA complaint process set forth in Paragraph 13 Infringer Policy; Copyright Complaints paragraph applies to your Content.  In the event of any conflict or inconsistency between these Terms and the online Terms of Use, these Terms will prevail, govern and control with respect to the Content.
  2. You represent and warrant that you are at least 18 years old.
  3. You also represent and warrant that (a) you own and control all right, title and interest in and to the Content or you otherwise have all rights, permissions and consents necessary to post and use such Content and grant the license being granted hereunder (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); (b) you have all rights necessary to provide GSI OUTDOORS and its parent, subsidiary and affiliated entities, and each of their respective agents, representatives, licensees and assigns (collectively, “GSI OUTDOORS”) with the license and rights set forth in Section 4 below; (c) GSI OUTDOORS use of the Content as set forth in these Terms will not give rise to any claims for any payment whatsoever, including, but not limited to, claims for royalties, re-use fees or residuals; and (d) you have complied with all applicable laws and regulations associated with acquiring and/or producing the Content. For the purposes of this Agreement, the term “Content” is used to collectively mean and refer to the photographs, text, graphics, moving images, sound, illustrations or any other materials (including any associated metadata or location information) that you submit. The Content also includes any profile information you allow GSI OUTDOORS to access from third-party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.
  4. You hereby grant to GSI OUTDOORS a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, in any and all media, now known or hereafter devised, including without limitation on GSI OUTDOORS social media accounts, on or in any online, mobile or other digital platforms owned, controlled or licensed by or on behalf of GSI OUTDOORS (including websites, apps and e-mail), for any purpose, including for advertising, marketing, promotional and publicity purposes. Without limiting the generality of the foregoing, this license includes, and you expressly consent to, GSI OUTDOORS right to use and publicly display your name, image, likeness and persona. Nothing in this license transfers your ownership of the Content to GSI OUTDOORS. Nothing in this license requires GSI OUTDOORS to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all, and all Content is subject to selection and curation by GSI OUTDOORS. If GSI OUTDOORS chooses to use or publish your Content on the Site, such Content will be deemed to have been posted at your request.
  5. You agree that any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with GSI OUTDOORS or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at GSI OUTDOORS request.
  6. You understand that you will not be paid for GSI OUTDOORS use of your Content as described in these Terms. Each of us will bear our own expenses associated with these Terms.
  7. You agree to sign and deliver documents and take any other actions reasonably requested by GSI OUTDOORS to effectuate, perfect or evidence the license and rights granted to GSI OUTDOORS in these Terms.
  8. You agree that you will not submit Content that:
    – infringes the rights of any other person or entity, including without limitation any patent, trademark, trade secret, copyright, right of publicity, right of privacy or any other right of another person or entity;
    – includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
    – displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful or depicts the product being used in a manner that is contrary to any instruction or warnings relating to the product; or– makes or includes statements, claims or depictions about a person, company, product or service that are false or misleading.   Without limiting the foregoing, you agree that in conjunction with the production of your Content, you have not inflicted emotional distress or abuse on other people, have not publicly humiliated other people, have not assaulted, stalked or threatened other people, have not entered onto private property without permission, have not impersonated any other person or misrepresented your affiliation, title, or authority, and have not otherwise engaged in any activity that may result in injury, death, property damage, and/or liability of any kind. If GSI OUTDOORS learns, suspects or concludes in its sole discretion that you have engaged in any such activities in connection with your Content, then without limiting GSI OUTDOORS other rights or remedies, GSI OUTDOORS reserves the right to reject or remove your Content.
  9. You understand that GSI OUTDOORS is not obligated to develop, produce, distribute, exploit or otherwise use the Content as permitted herein or, if commenced, to continue the development, production, distribution, or exploitation or other use thereof in any territory; and if GSI OUTDOORS elects not to develop, produce, distribute, exploit and/or use the Content, you shall not be entitled to any damages or other relief by reason thereof. The relationship between you, on the one hand, and GSI OUTDOORS and its officers, directors and employees is not a confidential, fiduciary, or other special relationship. To the fullest extent allowed by law, you hereby release GSI OUTDOORS and its employees, contractors, sponsors or any other person acting under GSI OUTDOORS permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. Finally, you acknowledge that, with respect to any claim relating to or arising out of GSI OUTDOORS actual or alleged exploitation or use of any Content submitted, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production or other materials based on or allegedly based on the Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
  10. These Terms, including the GSI OUTDOORS online Terms of Use and Privacy Policy and any other policies or agreements expressly incorporated by reference therein, constitutes the entire agreement between you and GSI OUTDOORS in relation to the Content you’re licensing. If a court finds any provision of these Terms to be unreasonable or unenforceable in any respect, you agree that these Terms will nonetheless be enforced to the maximum extent to which they are found by the court to be legally enforceable.
  11. These Terms will be governed by applicable federal law and the laws of the USA, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of GSI OUTDOORS rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).
  12. Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, GSI OUTDOORS I has adopted a policy of terminating, in appropriate circumstances and in GSI OUTDOORS sole discretion, account holders who are deemed to be repeat infringers. GSI OUTDOORS may also, in our sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below.

Address:

1023 S PINES RD, SPOKANE WA 99206

Phone:

1-800-704-4474

Fax:

(509) 928-8339

Email:

Contact@gsioutdoors.com

 

 

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of ours relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user's email address in our records or by written communication sent by first-class mail to a user's address in our records.

13. Rights in User Content and Feedback

Except as otherwise provided herein, on the Sites or in a separate agreement (such as the rules of a GSI OUTDOORS photo contest), GSI OUTDOORS claims no ownership or control over any User Content. However, by submitting or posting User Content on the Sites, you grant GSI OUTDOORS and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Sites and on third-party sites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes unless you expressly grant these rights to GSI OUTDOORS at the time you upload your content. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (for example, you cannot delete a vote you submitted that has already been counted or your purchase history). In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.

By posting User Content to the Sites, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to GSI OUTDOORS that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner

Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Sites, GSI OUTDOORS or GSI OUTDOORS products or services that are provided by you, whether by email, posting to the Sites or otherwise ("Feedback"), are non-confidential and shall become the sole property of GSI OUTDOORS. GSI OUTDOORS shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.

*** End of Submission Terms ***

author

0 Comments

© 2019 GSI Outdoors - All rights reserved.