By posting Content (as defined herein) on a social media website along with the hashtag #IAgree, you hereby confirm that you have read and agree to the terms of this Agreement. You agree you are at least 18 years of age and competent to contract in your own name and have the authority to authorize Gregory Mountain Products, Samsonite LLC and its affiliated companies, to use your Content. “Content” means the photograph, image, video footage, caption, description, music, text, likeness and personal characteristics (if any), name, social media handle, location data, and any other information or content associated with or contained in your submission or post.
You will continue to own the Content, but you are giving Gregory Mountain Products, Samsonite LLC and its affiliated companies (collectively “Gregory Mountain Products” or “we”) a license to use the Content. More specifically, you hereby grant Gregory Mountain Products a royalty-free, transferrable, irrevocable, world-wide, and perpetual right and license (but not an obligation) to use, distribute, display, perform, reproduce, copy, broadcast, create and adapt derivative works from, and otherwise use the Content, in whole or in part, by means of any media now known or hereafter invented, including without limitation on Gregory Mountain Products’ websites and social media channels, and for any purpose, including (without limitation) advertising, marketing, and promotional purposes. You understand we may alter, blur, or otherwise edit (which may include cropping, resizing and/or blurring) your Content without your consent.
You waive any right you may have to review or approve use of the Content or any material related thereto, and you understand any use of the Content (if any) by Gregory Mountain Products is within Gregory Mountain Products’ sole discretion. You understand Gregory Mountain Products will not compensate you for use of the Content and that the opportunity to have Content potentially used by Gregory Mountain Products is sufficient consideration for the rights granted hereunder.
You understand you are solely responsible for determining if any third party permissions are required and you are solely responsible for securing (in writing) any necessary licenses, waivers, consents, and/or permissions for materials or rights owned by others that appear in the Content including, but not limited to, logos, props, music, or photographs. You must also ensure that those licenses, etc. grant Gregory Mountain Products the right to use the Content as set forth herein. You shall provide Gregory Mountain Products with any licenses or other consents upon request.
You represent and warrant to Gregory Mountain Products that: (i) you are the sole and exclusive owner of the Content and all of its rights, title, and interest; (ii) 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; (iii) the Content has not been previously published or posted by anyone other than you; (iv) the Content (and Gregory Mountain Products’ use of the Content) will not violate or infringe on the rights of any third party including, without limitation, intellectual property rights, right of privacy, and right of publicity; and (v) that any statements or claims contained in your Content reflects your honest views and experiences.
Further, you represent and warrant (a) you are the only person (if any) whose identifiable image or likeness is shown in the Content; or (b) if there is a minor child(ren) appearing in the Content, that you are the parent or legal guardian of such child(ren); and/or (c) if your Content contains the image or likeness of any other third party, you have obtained prior permission from such individual to use their image and likeness in the Content and to grant to Gregory Mountain Products a license to use the individual’s image and/or likeness. If your Content includes the likeness, voice, name, or other indicia of minor child(ren), you not only represent that you are their parent or legal guardian, you hereby consent on behalf of yourself and your child(ren) to our use of your child(ren)’s likeness, voice, name, and other indicia in accordance with the license set forth above. You further acknowledge and agree that you are entering this Agreement on behalf of yourself and your child(ren) show in the Content. You understand that if your Content contains the image and/or likeness of any third party, Gregory Mountain Products may require you provide it with the permission for such use, including Gregory Mountain Products’ use of such Content, in a form satisfactory to Gregory Mountain Products.
You agree to release (on behalf of yourself, your children, if applicable, and your heirs) Gregory Mountain Products. Samsonite LLC and its parent, affiliates, licensees, sublicensees, employees, agents, and representatives, and any other person acting under Gregory Mountain Products’ or Samsonite LLC’s permission or authority (collectively, the “Gregory Mountain Products Parties”) from any claims arising out of the use of such Content and any material related thereto including, without limitation, any claims for compensation, libel, infringement of intellectual property rights, or violation of any right of publicity, privacy, or moral rights. In no event shall you have any right to seek or obtain injunctive or other equitable relief with respect to Gregory Mountain Products’ use of the Content or exploitation of the rights granted herein, 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 agree to indemnify and hold harmless the Gregory Mountain Products Parties from and against any and all claims, liabilities, actions, demands, costs, penalties, losses, damages and expenses, including reasonable outside attorney’s fees, arising out of Content and Gregory Mountain Products’ use thereof, including by not limited to: (i) any breach or allegation that, if true, would constitute a breach by you of this Agreement, including any of your representations or warranties hereunder and/or (ii) the actual or alleged infringement, misappropriation, or violation of the right of any third party, including, without limitation, intellectual property rights, right of privacy, and right of publicity.
This is the entire agreement with respect to the subject matter herein. No other authorization is necessary to enable Gregory Mountain Products to use your Content for the purpose contemplated. Nothing in this contract shall limit or restrict any rights otherwise enjoyed by Gregory Mountain Products under law or contract. This Agreement cannot be amended except by a written agreement signed by a Gregory Mountain Products authorized representative. Gregory Mountain Products may transfer or assign this Agreement and any or all of its rights and obligations hereunder without your consent.
Disclosure of Relationship
You shall respond, discuss and comment in a favorable, accurate, and positive manner about Gregory Mountain Products, Samsonite LLC and its affiliated brand(s), provided such statements reflect your honest views and experience and are in compliance with all laws, regulations and ordinances (including the Federal Trade Commission’s (“FTC”) Guides Concerning the Use of Endorsements and Testimonials in Advertising, the “FTC Guidelines”). If you are employed by, work for, or provide content to, any means of mass communication, such as newspapers, magazines, radio, television or the Internet (collectively, the “Media”), then you will not speak about or refer to Gregory Mountain Products or Samsonite LLC (or any of its affiliated brands), directly or indirectly, in such capacity through the Media, without disclosing you are acting on behalf of Gregory Mountain Products or Samsonite LLC (or any of its affiliated brand(s)). The form of any such disclosure shall be mutually agreed by you and Gregory Mountain Products. You understand you are responsible for complying with the FTC’s Guidelines, and for disclosing your relationship Gregory Mountain Products in any public communications relating to Gregory Mountain Products or Samsonite LLC (or its affiliated brand(s)) or their products or services.
You must clearly and conspicuously disclose your affiliation with Gregory Mountain Products in a form to be approved of by Gregory Mountain Products (e.g., #sponsored or #advertisement) and in accordance with legal guidelines.
Gregory Mountain Products
Updated: April, 2022
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