BowFlex User Generated Content Agreement
BowFlex Inc. ("BowFlex") reaches out to social media users to seek their permission to feature our favorite content on our sites, social channels, and promotional materials. You are probably here because BowFlex has requested your permission to use your social media content in this way.
If you choose to allow us to use your social media content ("User Content") by replying with the hashtag #BowFlexPhoto, you agree to all terms in this User Generated Content Agreement.
BowFlex reserves the right to alter this User Generated Content Agreement without advance notice. Accordingly, you should review the User Generated Content Agreement each time you grant permission or authorization for BowFlex to feature your User Content.
You hereby grant to BowFlex and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the "Licensed Parties") a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties' sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.
CONSENT TO USE PERSONAL INFORMATION
The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties' respective privacy policies. You are consenting to the Licensed Parties' collection of any personal information you provide for the Licensed Parties' use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not provide the Licensed Parties with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the Licensed Parties' behalf.
REPRESENTATIONS & WARRANTIES
You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) 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, (iii) you are not a minor, (iv) the Licensed Parties' use of your User Content as described herein will not violate 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 (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You certify that you are at least 18 years of age.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties' use of your User Content.
BOWFLEX INTELLECTUAL PROPERTY & OTHER RIGHTS
The Licensed Parties reserve the right to remove any User Content from the BowFlex websites (www.bowflex.com / www.bowflex.ca and others) (the "Site"), social media channels, promotional material, and other properties ("BowFlex Properties").
The Site and BowFlex Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of BowFlex by authorizing use of your User Content or otherwise using or accessing the Site or the BowFlex Properties.
This User Generated Content Agreement is personal to you and may not be assigned or transferred by you for any reason whatsoever without BowFlex's prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.
You agree that if BowFlex does not exercise or enforce any legal right or remedy which is contained in this User Generated Content Agreement (or which BowFlex has the benefit of under any applicable law), this will not be taken to be a formal waiver of BowFlex's rights and that those rights or remedies will still be available to BowFlex.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this User Generated Content Agreement is invalid, then that provision will be removed without affecting the rest of the agreement. The remaining provisions of this agreement will continue to be valid and enforceable.