Last Updated: 6/9/15
Welcome to the Video Weekend Project! We are excited that you are interested in sharing your video footage with us. Please read this Content Submission Agreement (“Agreement“) carefully, as it creates a binding agreement between you and Recreational Equipment, Inc. (“REI,” “we,” “us” or “our“) and contains important terms that affect your legal rights. By participating in the Video Weekend Project and submitting videos and related content (collectively, “Content“) to us, you agree to be bound by the terms of this Agreement and our Terms of Use, which are incorporated by reference. If you do not agree to all of these terms, do not submit Content to us. If you have any questions regarding the Video Weekend Project or this Agreement, please contact us at socialmedia@rei.com.
- You hereby grant to REI a royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display (collectively, to “Use“) the Content you submit, in whole or in part, for commercial and noncommercial purposes, including but not limited to marketing, promoting and advertising REI and our products and services. For purposes of clarification and not limitation, this license includes the right to Use the Content you submit in any media, now known or hereafter devised, including but not limited to (a) on websites, applications and platforms made available by REI and third parties; (b) in stores and at trade shows, conventions, sales meetings and other commercial, industry, or promotional events; and (c) in catalogues, emails, advertisements, and other marketing or promotional materials created by or on behalf of REI. You further agree that the license granted herein includes, and you expressly consent to, REI’s right to Use your name, voice, image, likeness and persona in connection with such Content. You agree to take any actions (including execution of documents) reasonably requested by REI to effect, perfect or evidence the license, rights and representations set forth in this Agreement. Except for the license and rights granted hereunder, REI acquires no title or ownership in or to any of the Content you submit.
- The license granted above is an exclusive license for a period of 60 days, after which time the parties may agree to extend the period of exclusivity by mutual written agreement. During any period of exclusivity, you are permitted to Use your Content for personal use, but you will not Use, or permit third parties to Use, your Content for any commercial purposes.
- When you submit Content to us, we will collect information from and about you, including but not limited to your name, email address, video file (including any metadata associated with such file), the location where video content was recorded and any additional information you choose to provide, all of which is deemed to be Content under this Agreement. You understand that all Content you submit may be publicly viewable, and you agree to allow others to access and share such Content (subject to any applicable terms or policies provided by the platform on which such Content is made available). For more information about how REI collects, uses and shares information about you, please see our Privacy Policy.
- Content Review and Selection. REI has full discretion to decide which Content to Use and has no obligation to Use any Content. If we decide to Use your Content, we will notify you by sending an email to the address you provided when you submitted your Content. You waive any right to inspect or approve versions or portions of the Content Used by REI as contemplated by this Agreement.
- Your Representations and Warranties. You represent and warrant that (a) you are at least 18 years old; (b) you own and control all rights, title and interest in and to the Content you submit or you otherwise have all rights, permissions and consents necessary to submit such Content and to grant the license and rights set forth herein, including all intellectual property rights, rights of publicity and privacy and moral rights; (c) the videos you submit will celebrate the outdoors; (d) any statements, remarks or claims contained in or conveyed by your Content will reflect your honest views and experiences, and you will provide supporting information or documentation related to your statements, remarks or claims at REI’s request; (e) when referencing or depicting brands, sellers, products or services in your Content, you will disclose any material connections you may have with such brands, sellers, products, or services (including REI) prior to your submission of such Content (such as if you are an employee, paid blogger or recipient of free products or services); and (f) all Content you submit will comply with content restrictions set forth in REI’s Terms of Use.
- To the fullest extent permitted by applicable law, you agree to release, defend, indemnify and hold harmless REI and our subsidiaries, affiliates, officers, directors, employees, agents, contractors, sponsors and any other person acting under our permission or authority (collectively, the “REI Parties“), from and against all liabilities, claims, damages, judgments, costs, losses and expenses (including reasonable attorneys’ fees) arising out of or in connection with your Content and/or your breach of this Agreement. You further agree to waive any rights to injunctive relief you may have in connection with this Agreement.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REI or any of the REI Parties BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), REGARDLESS OF THE THEORY OF LIABILITY, ARISING FROM OR RELATED TO THIS AGREEMENT, THE VIDEO WEEKEND PROJECT OR THE CONTENT, EVEN IF REI or any of the REI Parties HAve BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL the MAXIMUM AGGREGATE LIABILITY OF REI and the REI Parties ARISING FROM OR RELATED TO THIS AGREEMENT, THE VIDEO WEEKEND PROJECT OR THE CONTENT EXCEED $10. Notwithstanding the provisions of this Section 7, nothing in this Agreement excludes or limits, or purports to exclude or limit, the liability of any party for: (a) death or personal injury resulting from negligence; (b) any damage or liability incurred by a party as a result of willful misconduct, fraud or fraudulent misrepresentation by the other party; or (c) any liability which cannot be excluded or limited by applicable law.
- Governing Law; No Waiver. This Agreement will be governed by applicable federal law and the laws of the State of Washington, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of REI’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).
- If any term, clause or provision of this Agreement is be deemed unlawful, void or for any reason unenforceable, such term, clause or provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining part of that provision or of the remaining other provisions of this Agreement.
- Modifications to this Agreement. We reserve the right to change or modify this Agreement at any time. If we make changes to this Agreement, we will provide notice by updating the date at the top of this Agreement. We encourage you to review this Agreement each time you submit Content to ensure that you understand the terms and conditions that apply to your submission.