CANDID SHARING TERMS & CONDITIONS
Gerber Legendary Blades (“Gerber”) thanks you for your interest in our social media sharing platform, Candid (the “Program”)! Gerber welcomes your participation by giving you the opportunity to submit your own photographs of you and your Gerber products (“Content”).
These Terms and Conditions will govern any Content you submit, transmit or post and you agree, by so submitting, that these Terms and Conditions apply.
In order to submit Content, you acknowledge and confirm that you are at least eighteen (18) years old. If you submit Content that includes a minor, you must be the parent or legal guardian of the minor.
For any Content you submit, you confirm that you have permission to do so from each person who appears in the Content or who you identify or otherwise refer to in the Content. You further agree that your Content may be published on the platform’s website, http://www.gerbergear.com/ (the “Website”) and that Gerber may use the Content however it chooses in any and all markets and media now known or hereafter devised, throughout the world in perpetuity, without additional notification, permission or approval and without any compensation due or owing to you.
You own, and will continue to own, all Content you submit even after you submit it. Gerber does not claim any ownership in the Content. However, in order to utilize the Content for the Program, you agree to and do grant to Gerber and its affiliates a full and complete license and right to use your Content for the Program. You further grant Gerber the non-exclusive, royalty-free, and irrevocable right to use, reproduce, copy, publish, distribute, translate, adapt, modify, and otherwise exploit your Content and to incorporate your Content in other works in any and all markets and media, now known or hereafter devised, throughout the world in perpetuity, without additional notification, permission or approval and without any compensation, royalties or residuals being owed to you. You represent and warrant that you have the sole and exclusive right to grant such rights to Gerber and that Gerber’s reproduction, publishing, and/or other use of your Content will not infringe on any rights of third parties, including, without limitation, copyright, trademark, patent, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract.
You acknowledge and agree that Gerber and its affiliates will be entitled to retain any and all revenue generated from any sales, licenses, assignments, and other transfers of the rights granted by you herein, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials, or distribution rights in connection with your Content. Nothing in these Terms and Conditions obligates or may be deemed to obligate Gerber or any other person or entity to exercise any of the rights granted by you under these Terms. Gerber and its affiliates will have the unlimited right to assign these Terms and Conditions and the rights granted by you under these Terms and Conditions at any time, in whole or in part, to any party. Gerber will have the right to make any changes to your Content as it determines in its sole discretion. All Content you submit must be appropriate for a family audience. Your Content should not contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive. You agree that Gerber and its affiliates shall have no obligation to give you credit for your Content but in their sole discretion may elect to do so.
You understand that there will be no payment for your Content or the use of your Content. You understand that no industry custom or practice applies to your agreement that you will not be paid for your Content. You understand that if your Content is selected for use, such use will not be considered an employment opportunity. If you do not want your Content to be used by Gerber, then please do not participate.
You understand that any Content you submit may be duplicated by others and posted or used elsewhere on the internet. Gerber has no control over such use or copying and replication so you should exercise discretion in deciding what to post.
You agree not to submit any Content that includes viruses, unauthorized advertising, solicitation or promotional materials or “spam”.
We may limit or terminate the use of your Content at any time, for any reason or no reason, in our sole discretion. The provisions which would naturally remain in effect after termination of your Content shall survive any termination.
We may change these Terms & Conditions at any time by posting revisions with a new effective date. Your continuing participation in this Program shall indicate your agreement to the revised terms. You should review these Terms & Conditions from time to time to make sure you are aware of its current version.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL GERBER OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, ACCESS TO OR THE INABILITY TO USE, YOUR CONTENT EVEN IF GERBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. EVERYTHING ON GERBER’S SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
DELIVERY OF NOTICE
We may deliver notice to you by any reliable method through the social media information you have provided us with.
CHOICE OF LAW; JURISDICTION; VENUE
Your use of this Program shall be governed in all respects by the laws of the United States and the State of Wisconsin, without regard to choice of law provisions. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Program shall be in the state or federal courts located in Dane County, Wisconsin. You further agree and submit to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such claim or action.
MISUSE OF PROGRAM AND CONTENT REVIEW
Harassment or abuse in any manner or form through this Program is strictly forbidden. Impersonation of others, including a Gerber or other licensed employee, host, or representative, as well as other members or visitors to the Website is prohibited. You may not upload to, distribute, otherwise publish through the Website any content which is libelous, defamatory, obscene threatening, invasive or privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content through this Program to solicit others to join or become members of any other commercial online service or other organization.
You acknowledge that, in order to ensure compliance with legal obligations, Gerber may be required to review Content submitted, uploaded or posted to determine whether it violates these Terms, legal requirement or the rights of a third party. Gerber may, in its sole discretion, decide to modify, prevent access to, delete or refuse to display any Content that we believe violates the law or these terms and conditions. However, despite this right, Gerber is under no obligation to monitor, review, delete or remove any Content you submit, upload and/or post and any responsibility for any such Content shall reside exclusively with you. Users should use the site at their own risk.
STANDARD TERMS AND CONDITIONS FOR GERBER
In addition to these Candid Terms and Conditions, you agree to be bound by Gerber’s standard Terms and Conditions for its websites, as the same may be modified and updated from time to time. For Digital Millennium Copyright Act Notice(DMCA), indemnification and other terms and conditions that apply, please visit Gerber’s standard Terms and Conditions at http://www.gerbergear.com/Company/Terms-of-Use. In the event of any conflict with these Terms and Conditions, Gerber’s standard Terms and Conditions shall apply.