simplyWORKOUT (“SIMPLYWORKOUT.COM”) reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because simplyWORKOUT has requested your permission to use your social content in this way.

If you choose to allow us to use your social content (“Social Content”) by replying with the hashtag #SWPhoto, you agree to these Terms of Use.

simplyWORKOUT facilitates the collection and uploading to the simplyWORKOUT website (www.simplyWORKOUT.com)(the “Site”), social media channels, promotional materials and other digital properties (“SIMPLYWORKOUT Properties”) of photos, text, graphics, audio, video, location information, comments and other materials from social media sites that users have tagged or permitted others to tag with simplyWORKOUT-related hashtags or geo-location tags (“User Content”) for use by simplyWORKOUT in connection with its business.

simplyWORKOUT reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorization to feature your User Content.

USER CONTENT LICENSE

You hereby grant to SIMPLYWORKOUT and their related companies, and all of their respective agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.

You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.

You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. 

The Licensed Parties reserve the right to remove any User Content from the Site and simplyWORKOUT properties. 

ADDITIONAL TERMS

These Terms of Use apply to the entire Site.  In addition, to the extent your User Content is displayed on the Site or on any of the simplyWORKOUT Properties, you also will be subject to additional terms of use, agreements, guidelines or rules provided by simplyWORKOUT and User Content, including but not limited to those set forth on the simplyWORKOUT website and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by simplyWORKOUT.

You certify that you are at least 18 years of age.

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