SMITH & WESSON TERMS OF USE REGARDING USER - GENTERATED CONTENT
SMITH & WESSON TERMS OF USE REGARDING USER-GENTERATED CONTENT Smith & Wesson Inc. (“Smith & Wesson”) has requested permission to use your social media content, including photos, text, graphics, audio, video, location information, comments and other materials from social media channels (“User Content”) on its associated social media channels, websites, and promotional materials in connection with its business and brands, including but not limited to SMITH &WESSON®, THOMPSON/CENTER ARMS™, PERFORMANCE CENTER®, AND GEMTECH®.
IF YOU AGREE TO SMITH & WESSON’S REQUEST BY REPLYING WITH THE HASHTAG #AGREESWREPOST, YOU CERTIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THESE TERMS OF USE REGARDING USER-GENERATED CONTENT. BY AGREEING, YOU FURTHER CERTIFY THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER.
Smith & Wesson reserves the right to modify these Terms of Use Regarding User-Generated Content without notice to you. Therefore, you should carefully review these Terms of Use Regarding User-Generated Content each time you grant permission to Smith & Wesson to use your User Content.
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.
Use of Your Name, Likeness, and Personal Information. You hereby grant the Licensed Parties the right to use your user name, real name, image, likeness, voice, location, and other personal (biographical) identifying information in connection with their use of your User Content. By using this website, you consent to the collection of any personal information you provide for use and disclosure by the Licensed Parties, relating to the use of your User Content as provided herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use this website or otherwise provide the Licensed Parties with personal information. By using this website or otherwise providing the Licensed Parties with personal information, you agree to the foregoing collection, use and disclosure of your personal information in accordance with these Terms of Use Regarding User-Generated Content, Smith & Wesson’s Privacy Notice and other website Terms of Use (see www.aob.com/legal), and applicable data protection laws and regulations.
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.
Relationship of the Parties. These Terms of Use Regarding User-Generated Content shall not be construed to create any association, partnership, joint venture, employee or agency relationship between you and the Licensed Parties for any purpose.
Miscellaneous. Your User Content and any information that you submit to the Licensed Parties is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, except pursuant to the Licensed Parties’respective privacy policies. The Licensed Parties are not obligated to make any use of any User Content, provide any attribution or acknowledgement of your User Content, or exercise any of the rights granted to them by these Terms of Use Regarding User-Generated Content. The Licensed Parties further reserve the right to remove or discontinue use of any User Content on their social media channels, websites, or any other media at any time.
These Terms of Use Regarding User-Generated Content may not be assigned or transferred by you for any reason without the prior written consent of S&W. Any purported assignment in violation of this provision is null and void.
These Terms of Use Regarding User-Generated Content shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction of the federal and state courts located in the Commonwealth of Massachusetts in any legal suit, action or proceeding arising out of or related to these Terms of Use Regarding User-Generated Content or any User Content.
If any term or provision of these Terms of Use Regarding User-Generated Content is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use Regarding User-Generated Content or invalidate or render unenforceable such term or provision in any other jurisdiction. These Terms of Use Regarding User-Generated Content are binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns.
No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from these Terms of Use Regarding User-Generated Content shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege here under preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
REV 07/27/2018