Social Media Agreement

SOCIAL MEDIA AGREEMENT

Date of Last Revision: November 1, 2017

Submission Terms

By posting “Content” (as defined below) on a website or other digital media channel governed by these Submission Terms, or by sending an #agree response or otherwise conveying your agreement to these Submission Terms, you hereby confirm that the submission of your Content is governed by these Submission Terms.

  • You continue to own the Content that you submit.
  • But you are giving The Ski Bum and certain related parties a license to use the Content.

More specifically, you hereby grant The Ski Bum its parent, subsidiary and affiliated entities, and each of their respective agents, licensees, successors and assigns the royalty-free, gratis right, but not the obligation, to reproduce, film, record, publish, publicly display, change, modify, adapt create derivative works from and otherwise use (and grant others the right to use) the Content, in whole or in part, in any and all languages and in any and all media, now known and hereafter devised, including without limitation on The Ski Bum’s websites, mobile apps, e-mail, and social media channels, for any purpose, including advertising, marketing and promotional purposes, throughout the universe, in perpetuity, without attribution to you or with attribution to you using your name, likeness or other personal characteristics (your “Likeness”). As used herein, the term “Content” shall mean any photograph or video footage or other content you submit to The Ski Bum along with your Likeness, the name, likeness or other personal characteristics of any other person who appears in the photograph or video footage or content, and other information associated with the photograph or video footage or content (e.g., location and metadata).

You represent that you are the owner of the Content, and that you have the authority to grant the permission and rights granted herein, and that no one else’s permission is required to grant such rights.

You represent 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 The Ski Bum or any such brand, products or services (such as if you are an employee, paid blogger or recipient of free products/services).

You acknowledge that you have no right to approve The Ski Bum’s use of the Content and that The Ski Bum has been induced to proceed with its advertising, marketing and promotional plans in reliance upon these Submission Terms.

In the event of any conflict or inconsistency between these Submission Terms and the online Terms of Use, these Submission Terms will prevail, govern and control with respect to the Content.

The relationship between you, on the one hand, and The Ski Bum and its officers, directors and employees is not a confidential, fiduciary, or other special relationship. You hereby release The Ski Bum and any other person acting under The Ski Bum’s permission or authority from any claim of any kind or nature arising from the use of the Content including, without limitation, those based upon copyright, any rights of privacy, publicity, defamation, or any other personal or property right, and on behalf of yourself and your heirs, you agree that you shall not now or in the future assert or maintain any such claim against The Ski Bum.  In no event shall you have any right to seek or obtain injunctive or other equitable relief with respect to The Ski Bum’s use of the Content or exploitation of the rights granted herein or to 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.

To the maximum extent possible, you hereby waive any and all rights you may have or claim to have under any law relating to “moral rights of authors” or any similar law, or as a result of any alleged violation of such rights. You agree not to institute any action on the ground that any changes, deletions, additions, or other uses of the Content violate such rights.

You hereby agree to indemnify The Ski Bum against all any and all third party claims, liabilities, losses, damages and expenses, including reasonable outside attorneys’ fees, arising out of any breach or allegation that, if true, would constitute a breach by you of these Submission Terms.

You agree to sign and deliver documents and take any other actions reasonably requested by The Ski Bum to effectuate, perfect or evidence the license and rights granted to The Ski Bum in these Submission Terms.

Other than the online Terms of Use and Privacy Policy, these Submission Terms are the complete and binding agreement between you and The Ski Bum, superseding all prior understandings and communications with respect to the Content. The Ski Bum may assign, transfer, license, delegate, and/or grant any or all of its rights hereunder to any person or entity without restriction.  These Submission Terms cannot be amended except by a written agreement signed by an authorized representative of The Ski Bum.  These Submission Terms shall be governed by and construed in accordance with the substantive laws of the State of Delaware, without giving effect to any conflict or choice of law provisions that would result in applying the substantive law of any other jurisdiction.  If any part of these Submission Terms is deemed to be invalid or unenforceable, then the balance of these Submission Terms shall remain in effect and shall be construed as if the invalid or unenforceable provision were not contained herein.

You warrant that you are at least 18 years of age (or, if not, that you are at least 13 years of age and your parent or legal guardian knows you have submitted the Content and has also agreed to the foregoing).

*** End of Submission Terms ***