Social Media Agreement – High Country Outfitters

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Social Media Agreement

Thank you for considering our request to potentially use and share your social media content. Please review the submission terms below. If you agree, please return to your social media account and reply to the High Country Outfitters comment with #HCagree

Submission Terms

By sending an #HCagree response, you hereby agree that High Country Outfitters, Inc. may use your social media content in these Submission Terms.

You continue to own the Content that you submit. You are giving High Country Outfitters, Inc. a license to use the Content.

More specifically, you hereby irrevocably grant High Country Outfitters, Inc. royalty-free right and license to share, comment on, reproduce, publicly display, publicly perform and otherwise use the Content in any and all media channels and accounts owned or controlled by High Country Outfitters, Inc. now known or hereafter devised, including, but not limited to, on any blog, website, social media channel/account or mobile application owned or controlled by High Country Outfitters, Inc. in perpetuity. As used herein, the term “Content” shall include your name, voice, likeness, location or other personal characteristics as they appear in the Content.

You represent and warrant that you are the person who appears in the Content and that you are the owner of the Content and have the authority to grant the rights being granted herein, and that no one else’s permission is required to grant such rights. If anyone else appears recognizably in the Content, you further represent and warrant that you have the authority to grant such rights on behalf of such person(s). Finally, you represent that any statements, remarks or claims contained or depicted in your Content reflect your honest views and experiences, and your Content discloses any material connections you have to any brands, products or services that appear in or are referenced in your Content (such as if you are an employee, paid influencer or recipient of free products/services).

The rights granted in these Submission Terms are in addition to (not in lieu of) (x) the fair use rights High Country Outfitters, Inc. would have as a member of the general public if these Submission Terms were not in effect, (y) the usage rights contemplated in Section 9 of High Country Outfitters’ online Terms of Use, located at https://highcountryoutfitters.com/policies/terms-of-service, which are incorporated into these Submission Terms by this reference, and (z) High Country’s online Privacy Policy, located at https://highcountryoutfitters.com/policies/privacy-policy, which applies to submission of your Content. 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 and High Country Outfitters, Inc. is not a confidential, fiduciary, or other special relationship. You hereby release High Country Outfitters and any other person acting under High Country Outfitters’ 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 High Country Outfitters. In no event shall you have any right to seek or obtain injunctive or other equitable relief with respect to High Country Outfitters’ 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.

You acknowledge that you have no right to approve High Country Outfitters’ use of the Content and that High Country Outfitters has been induced to proceed based on these Submission Terms. 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 agree to sign and deliver documents and take any other actions reasonably requested by High Country Outfitters to effectuate, perfect or evidence the license and rights granted to High Country Outfitters in these Submission Terms.

You hereby agree to indemnify High Country Outfitters, Inc. 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.

Other than the online Terms of Use and Privacy Policy, these Submission Terms are the complete and binding agreement between you and High Country Outfitters, Inc., superseding all prior understandings and communications with respect to the Content. High Country Outfitters 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 High Country Outfitters. These Submission Terms shall be governed by and construed in accordance with the substantive laws of the State of Georgia, without giving effect to any conflict or choice of law provisions that would result in applying the substantive law of any other jurisdiction. Venue for any and all actions shall be in the state or federal courts located in Atlanta, Georgia, and you hereby consent to the personal jurisdiction of such courts and waive any objection that Atlanta is an inconvenient forum. 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 ***