User-Generated Content Agreement
Thank you for submitting content and being a part of the Really Right Stuff community! To calibrate and clarify mutual expectations, these terms and conditions (“Terms”) will cover our relationship moving forward based on your agreement via #RRSYes.
These Terms apply to Really Right Stuff's use of your photo, video, or other content, together with your name, likeness, social media handle, social media username, profile picture, caption, and location information you may have included in or with your content (collectively, “Content”). Usable Content includes anything you publish on social media or another third-party website or platform. (“Really Right Stuff,” “we,” “us,” or “our” refer to Really Right Stuff, LLC and its subsidiaries.)
Before you respond with #RRSYes to indicate your permission for us to use the Content, we want to give you the opportunity to understand the agreement. In addition to any terms we included in our request, by responding with #RRSYes you agree to the following:
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OTHER TERMS AND NOTICES
Any other agreements or notices are still valid, and these Terms won’t limit your existing rights or your right to privacy.
These Terms do not limit Really Right Stuff’s rights with respect to any content published or submitted directly to a Really Right Stuff Site, nor do these Terms limit your rights under applicable law or as described in our privacy and accessibility policy.
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LICENSE TO USE CONTENT
You’re allowing Really Right Stuff to use this Content if/when/where we’d like to.
You grant Really Right Stuff a royalty-free, worldwide, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, adapt, publish, translate, and distribute the Content (in whole or in part), and/or to incorporate it in other works in any form, media, or technology now known or later developed. Without waiving any of its rights under these Terms, Really Right Stuff is not obligated to use the Content.
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REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
YOU — THE PERSON GIVING REALLY RIGHT STUFF PERMISSION TO USE THIS CONTENT — ARE AN ADULT.
a. You are eighteen (18) years of age or older and not a minor in your jurisdiction.
YOU HAVE THE AUTHORITY TO GIVE PERMISSION TO USE THIS CONTENT. YOU’RE ALSO EITHER THE ONLY PERSON IN THE CONTENT, OR YOU’VE GOTTEN PERMISSION FROM EVERYONE IN THE CONTENT TO SHARE IT WITH REALLY RIGHT STUFF.
b. You own or have all rights in and to the Content necessary to allow us to use the Content. This includes express permission from each person appearing in the Content or, if a minor, a parent or guardian.
PROVIDING REALLY RIGHT STUFF PERMISSION TO USE YOUR CONTENT DOESN’T VIOLATE ANYONE’S RIGHTS OR BREAK ANY PREVIOUS AGREEMENT WITH ANYONE ELSE.
c. Our use of the Content will not infringe or violate any right of a third party, including without limitation: (i) copyright, patent, trademark, trade secret, or other proprietary or contractual rights; (ii) right of privacy or publicity; or (iii) any confidentiality obligation.
EVERYTHING IN YOUR CONTENT IS CLEAN AND APPROPRIATE FOR A WIDE AUDIENCE.
d. The Content is not libelous, defamatory, obscene, pornographic, deceptive, misleading, abusive, indecent, threatening, harassing, hateful, or offensive, and our use of your Content as described herein will not violate any other law.
YOUR RELATIONSHIP TO REALLY RIGHT STUFF IS COMPLETELY TRANSPARENT.
e. You do not have an undisclosed material connection to Really Right Stuff and have not received any undisclosed free products or incentives in exchange for creating or publishing the Content.
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LIMITATIONS OF LIABILITY
YOU WON’T HOLD REALLY RIGHT STUFF ACCOUNTABLE FOR ANY UNWANTED OUTCOMES RESULTING FROM SHARING YOUR CONTENT.
You hereby release, discharge, and agree to hold Really Right Stuff and any person acting on Really Right Stuff’s behalf harmless from any liability related in any way with the Content. IN NO EVENT WILL REALLY RIGHT STUFF OR ANY THIRD PARTIES ACTING ON REALLY RIGHT STUFF’S BEHALF BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REALLY RIGHT STUFF OR SUCH THIRD PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY GROSS NEGLIGENCE, PERSONAL INJURY, OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE REALLY RIGHT STUFF’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT SUCH EXCLUSION OR LIMITATION IS ALLOWABLE UNDER THE APPLICABLE LAW.
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GENERAL
REALLY RIGHT STUFF IS HEADQUARTERED IN LEHI, UTAH IN THE U.S. YOU AGREE THAT ANY FURTHER ISSUES OR CONCERNS WILL FALL UNDER THE JURISDICTION OF THE STATE OF UTAH.
Except to the extent expressly provided in the following paragraph, all legal issues arising from or related to Really Right Stuff’s use of your Content and these Terms shall be construed in accordance with and governed by the laws of the State of Utah applicable to contracts entered into and performed within the State of Utah without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the U.S. District Court for the District of Utah, or any Utah State court sitting in Utah County, to resolve any dispute, claim, or cause of action arising out of Really Right Stuff’s use of your Content and these Terms. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
IF YOU’RE ALREADY A REALLY RIGHT STUFF BRAND AMBASSADOR, YOUR CURRENT AGREEMENT WITH REALLY RIGHT STUFF OVERRULES THIS DOCUMENT IF THERE ARE ANY DISCREPANCIES.
If you are a brand ambassador or otherwise subject to a written agreement with Really Right Stuff relating to marketing activities (the “Separate Agreement”), then the Separate Agreement will control in the event of any conflict with these Terms.
AGREEING TO THESE TERMS DOESN’T CREATE A PARTNERSHIP BETWEEN YOU AND REALLY RIGHT STUFF OR MEAN YOU’RE EMPLOYED BY REALLY RIGHT STUFF.
This Agreement does not constitute a partnership or joint venture, employment relationship, or principal-agent relationship between you and Really Right Stuff.
IF YOU’RE A RESIDENT OF ANY EUROPEAN UNION COUNTRY, THE U.K., SWITZERLAND, NORWAY, ICELAND, OR AUSTRALIA, YOU AGREE THAT ANY FURTHER ISSUES OR CONCERNS WILL BE GOVERNED BY THE LAWS OF THE COUNTRY YOU LIVE IN.
If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; and (c) you are a resident of one of the countries identified below, you hereby agree that any dispute, claim, or cause of action arising from use of your Content and these Terms shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the jurisdiction of the courts located in the state, province, or country identified below whose law governs:
If you are a resident of any European Union country, the U.K., Switzerland, Norway, Iceland, or Australia, the governing law and forum shall be the laws and courts of your usual place of residence.