License. You hereby grant to Smith & Wesson and its affiliates, and each of their respective licensees, agents, successors and assigns (collectively the “Licensed Parties”), a perpetual, irrevocable, freely transferable and sub-licensable, fully paid-up and royalty-free right and license to use, transmit, reproduce, copy, modify, publicly distribute, publicly display and prepare derivative works based on your User Content in whole or in part, including all copyrights and other intellectual property rights there in in any and all media or form of distribution throughout the universe, for all or any purposes whatsoever, including without limitation promotional uses, consumer and trade advertising, other business purposes, and for web site, online, social media channel, or other Internet uses.
Ownership. You will own and retain all right, title and interest in and to the User Content, subject to the license granted above. Smith & Wesson will own and retain all right, title and interest in and to all derivative works based on your User Content made by Smith & Wesson (or any third party on behalf of Smith & Wesson), subject to your rights in the underlying User Content. You agree and acknowledge that you do not acquire any ownership or other rights in any intellectual property (such as copyrights, trademarks, or patents) or other proprietary information or materials of the Licensed Parties by authorizing the use of your User Content by the Licensed Parties or otherwise accessing this website.
Representations and Warranties. You hereby represent and warrant that (a) you are solely responsible for your User Content; (b) 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; (c) you are not a minor; (d) the Licensed Parties’ use of your User Content as described herein will not violate or infringe upon 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; and (e) the User Content is not obscene, sexually explicit or pornographic, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or otherwise unlawful, and does not include, without limitation, obscenities, threats, violence, unsafe behavior or situations, or disparagement of any product, service, or person.
Release. You hereby irrevocably release, discharge and agree to hold the Licensed Parties, and anyone acting on their behalf, harmless from any and all claims of liability, known or unknown, of any nature or kind, including, without limitation, claims for invasion of any personal or property right which you may have, or which your heirs, executors, administrators and assigns hereafter may have, including without limitation, claims based on invasion of privacy, defamation, false light, commercial appropriation or use of name, likeness, voice or picture, emotional distress, right of publicity or copyright, for any matter whatsoever arising out of the use of the User Content.