Social Media Agreement

DRAKON OUTDOORS LLC — USER-GENERATED CONTENT 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 Drakon Outdoors LLC and certain related parties a license to use the Content.

More specifically, you hereby grant Drakon Outdoors LLC, its parent, subsidiary and affiliated entities, and each of their respective agents, licensees, successors and assigns (solely for ease of reference, “DO”) 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 DO’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, video footage, or other content you submit to DO 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 DO 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 DO’s use of the Content and that DO has been induced to proceed with its advertising, marketing and promotional plans in reliance upon these Submission Terms.

The relationship between you, on the one hand, and DO and its officers, directors and employees is not a confidential, fiduciary, or other special relationship. You hereby release DO and any other person acting under DO’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 DO. 

In no event shall you have any right to seek or obtain injunctive or other equitable relief with respect to DO’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 DO 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 DO to effectuate, perfect or evidence the license and rights granted to DO in these Submission Terms.

Other than the online Terms of Service and Privacy Policy, these Submission Terms are the complete and binding agreement between you and DO, superseding all prior understandings and communications with respect to the Content. DO 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 DO. 

These Submission Terms shall be governed by and construed in accordance with the substantive laws of the State of Washington, 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 Spokane, Washington, and you hereby consent to the personal jurisdiction of such courts and waive any objection that Spokane 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 ***