We love your image, video or other content and know others will benefit from experiencing it. By posting your content with the hashtags #Wahooligan, #InMyELEMNT, #MyRIVAL, #WahooFrontiers, #KICKR, or #TICKR to a social media site, tagging @wahoofitnessofficial, or by uploading your content directly, you agree that we may use your content according to the following terms and conditions and make the following representations (the “Agreement”). Please contact us at http://support.wahoofitness.com if you have any questions.
I AM THE AUTHOR AND NO OTHER PERSON ASIDE FROM MYSELF APPEARS IN THE PHOTOGRAPH: I shot the original photograph(s), graphic(s), image(s), selfie(s), video(s), message(s), or other material(s) that I have tagged with #wahooyes or uploaded, and created any accompanying caption(s) (collectively, the “User Content”), I own the User Content and there are no other entities that have ownership claims to the User Content, and, in consideration for good and promotional consideration, the sufficiency and receipt of which are hereby acknowledged, I wish to license any and all rights in the User Content to Wahoo Fitness L.L.C. (“Wahoo”) upon the terms and conditions as set forth in this Agreement. I warrant and represent that no other person has shot, created, or appeared in the User Content. In the event someone else has in fact shot, created, or appeared in the User Content or has any ownership claims in the User Content, I hereby warrant and represent that each person has, in consideration for good and promotional consideration, in a writing that I shall furnish promptly to Wahoo upon request, licensed sufficient rights in the User Content to me such that I may license the User Content to Wahoo upon the terms and conditions set forth in this Agreement.
WAHOO MAY USE THE USER CONTENT: I hereby grant to Wahoo and to other acting under Wahoo’s direction, in perpetuity, the irrevocable, non-exclusive, royalty-free, unlimited worldwide right and license to use the User Content in any form (including but not limited to video, internet posting, reproduction, display, email, publication, and distribution) for any purpose (in connection with any Wahoo design, development, production, marketing, advertising, distribution, promotion, and sale), and to sublicense, telecast, publicize, edit, change, modify, add to, subtract from the User Content, and create derivative works, in any and all media (including social media sites) now known or hereafter developed, either through Wahoo’s own service or services provided by third parties, without any compensation to me. I represent and warrant that all of the User Content submitted to Wahoo using the hashtag #wahooyes hereto is original in nature and that I have the legal right to irrevocably license to Wahoo, and its respective successors, licensees, sub-licensees and assigns, in perpetuity, the rights mentioned herein to the User Content. While Wahoo will make commercially reasonable efforts to give you credit for your User Content and provide a link back to your content or account, you agree that such credit is not mandatory and your permission for Wahoo to use your User Content is not contingent upon such credit being given. You waive any right to inspect and/or approve the finished work incorporating the User Content or the advertising copy that may be used in connection therewith or any use upon which said finished work may be applied. Further, you waive any claims to royalties with regards to your User Content or our finished work.
I ASSUME THE RISKS ASSOCIATED WITH THE USE OF THE USER CONTENT: I understand under no circumstances will Wahoo be liable in any way for any loss or damage of any kind incurred by me as a result of the use of the User Content. Wahoo has the right, but not the duty, to monitor and edit or remove the User Content and/or any comments posted or sent about the User Content. I further acknowledge Wahoo is not responsible for, and does not endorse, the opinions, advice, suggestions or recommendations posted or sent about the User Content and Wahoo disclaims any liability in connection therewith. I also understand when publishing the User Content on the Internet, including by use of the hashtag #wahooyes on a social media site, Wahoo has no control over the User Content and it is possible that others may duplicate it, including, but not limited to, on other sites on the Internet.
WAHOO MAY USE MY NAME AND MY LIKENESS: I hereby grant to Wahoo the right to use of my name, nickname, likeness, voice, picture, image, caricature, statements, social media handle, accompanying texts, inquiries, feedback, suggestions, language, writings, statistics, signature, facsimile signature, biography, photograph, video, motion picture and any other reference to my persona, personality, information I provide Wahoo or preferences (collectively the “Attributes”), in connection with the manufacture, sale, marketing, advertising and promotion of Wahoo products and/or the Wahoo brand, including, without limitation, on the Internet and in connection with social media. This license shall include, without limitation, the right to use the Attributes in the advertisement and promotion of Wahoo products and marketing that use or reference the User Content, including, without limitation, on and in any artwork, packaging, advertising and promotional material and in connection with any and all advertising, press conferences, media releases, social media accounts, internet-based marketing, broadcasts and other incentive, publicity and public relations programs relating to Wahoo or the User Content without restriction as to geographic distribution or the frequency or duration of use.
REPRESENTATIONS AND RELEASES. I represent and warrant that: (a) I have the sole and exclusive right to enter into and perform this Agreement and to grant the rights granted herein, (b) the rights I have granted hereunder will not conflict with or violate any commitment, agreement or understanding I have or will have with, nor infringe upon any rights of, any person or entity, (c) the consent of no other party is required for Wahoo to exercise its rights hereunder, (d) I am over 18 years of age and (e) I am a legal resident of the United States of America. I understand Wahoo is conducting such activities in express reliance upon the foregoing. I will have no claim (including without limitation claims based on invasion of privacy, trademark, copyright, defamation, libel, slander, right of publicity and any other personal and property rights) arising out of any use of the User Content or Attributes permitted by this Agreement, and I hereby agree to release, indemnify, defend, hold harmless, and discharge Wahoo from and against any and all claims, damages, losses, costs, expenses and/or liabilities of any kind or nature whatsoever (including without limitation attorneys’ fees) arising out of or in connection with or incurred by reason of the use of the User Content and/or the Attributes set forth herein or the inaccuracy or breach of any representation, warranty, promise, agreement or undertaking I have made herein.
NO OBLIGATION TO USE CREATED BY THIS AGREEMENT. Wahoo will not be obligated to produce, release, or actually use the User Content or the Attributes or continue such production or release or use if commenced. Wahoo does not guarantee the accuracy, integrity or quality of the User Content. My sole and exclusive remedy for Wahoo’s breach, termination or cancellation of this Agreement or any term hereof will be an action at law for damages, if any; and I irrevocably waive any right to seek and/or obtain rescission, equitable or injunctive relief, to terminate or rescind this Agreement and/or to enjoin or restrain the distribution, exploitation, advertising, promotion or exhibition of the User Content, the Attributes or any rights therein. It is understood and agreed that in no event will Wahoo be liable for any indirect, incidental or consequential damages. Wahoo may license or assign this Agreement and/or all or any part of its rights hereunder to any persons or entities whatsoever, and upon such assignment Wahoo will be released from its obligations hereunder. This Agreement will inure to the benefit of and be binding upon the parties’ respective successors, licensees and permitted assigns. I may not assign this Agreement in whole or in part without Wahoo’s prior written consent. Notwithstanding anything to the contrary set forth herein, the grant of rights, representations, warranties and indemnities hereunder will survive the expiration or other termination of this Agreement.
COMPLETE AGREEMENT; GOVERNING LAW. This agreement is governed by the laws of the State of Georgia and constitutes the complete and exclusive agreement between Wahoo and me, and I am not relying on any other representation or agreement, whether oral or written. The Parties agree that any disputes between them which cannot first be resolved informally, will be resolved by final and binding Arbitration in Atlanta, Georgia, pursuant to the rules and procedures of the American Arbitration Association.
NO MISCONDUCT. I agree not to transmit, upload, post, email or make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including spam. I agree not to impersonate any person or entity, or falsely state or otherwise misrepresent my affiliation with any person or entity (including that of Wahoo), intentionally or unintentionally violate any applicable local, state, national or international law, or collect or store personally identifiable data about other people.
THIRD PARTY SOCIAL MEDIA FORUM TERMS AND CONDITIONS APPLY. Instagram®, Twitter®, and other similar social media forums are registered trademarks of their respective companies and not affiliated with Wahoo. Any submission via these or other similar social media sites are subject to all rules and regulations of such sites along with all other applicable laws and regulations. I understand that if I choose to submit my User Content via mobile telephone, standard data rates may apply.
TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. The terms of this agreement are subject to change at any time without prior notice. Any such changes will be reflected on the User Generated Content Photo Sharing Agreement page of the WahooFitness.com website. This Agreement may not be altered or waived except by a writing signed by both parties.
REMOVAL OF THE USER CONTENT. To request removal of User Content from a Wahoo social media account or Wahoo website, please send an email to email@example.com ncluding: 1) in the subject heading “Removal of User Content, 2) in the body of the email the reason you are reporting it, 3) your email address, 4) a clear copy of the User Content you want removed so that Wahoo may locate the User Content, 5) the social media site or website where the User Content you want removed appeared on (along with a link if possible), and 6) your social media account name (if applicable) so that Wahoo may better locate the User Content. This email address will only be used to communicate with you about the User Content. Once Wahoo has had an opportunity to review your request, Wahoo will remove the User Content from the Wahoo social media account or Wahoo website referenced in your email. After that, a Wahoo representative will review the report and determine whether the User Content should be deleted permanently.
IF YOU BELIEVE YOUR CONTENT IS BEING USED BY WAHOO WITHOUT AUTHORIZATION. Wahoo respects the intellectual property rights of others. If you believe in good faith that your intellectual property rights and/or rights of publicity have been used on Wahoo’s website or a Wahoo social media account without authorization, you may notify Wahoo via email at firstname.lastname@example.org or by mail to Wahoo Fitness L.L.C., Attention DIGITAL/SOCIAL MARKETING, 90 West Wieuca Road NE, Atlanta, GA 30342, return receipt requested. While Wahoo strives to make Wahoo’s website and its social media accounts a positive place, they remain public forums. You acknowledge and agree that Wahoo is not responsible for others’ misuse of information publicly disclosed here. Please carefully select the type of information that you post or share and report any abuse to Wahoo.