1. Your Acceptance
2. User Submissions
FOX may, from time to time, encourage members of the public to submit pictures and / or videos that they have produced for use or consideration in connection with its website and online broadcasts.
FOX does not encourage, and does not seek videos that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. FOX will reject any submissions in which FOX believes, in its sole discretion, any such activities have occurred.
If notified by a user of a submission that allegedly violates any provision of this Agreement, FOX reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Website.
IMPORTANT: IF YOU ARE UNDER THE AGE OF 18, FOX WILL NOT CONSIDER YOUR SUBMISSION WITHOUT YOUR PARENT OR GUARDIAN'S CERTIFICATION THAT THEY HAVE APPROVED OF THE ACTIVITIES INVOLVED WITH YOUR SUBMISSION BEFORE YOU BEGAN PRODUCING IT.
FOX does not and cannot review all communications and materials posted to or created by users accessing our site and we are not in any manner responsible for the content of these communications and materials. We reserve the right, however, to block or remove communications or materials that We determine to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to us in our sole discretion.
4. License Grants
By submitting a video or any other visual, audio or communication content (User Submissions), you expressly grant FOX a royalty-free, sub-licensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and make derivative works of such User Submission and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and FOX shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
FOX Proprietary Rights
The contents of the Website, along with any associated software, and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of FOX and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Website. Use of the content or materials on the Website for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, Intellectual Property Rights means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other Jurisdiction, relating to the Website, or any contents or materials related thereto.
5. Copyrights, Trademarks and Service Marks of Third Parties
The Website and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Content") are or may be protected under United States and worldwide copyrights or other Intellectual Property Rights which are owned or licensed, in whole or in part, by us. Content may not be manipulated, edited, reproduced, performed, republished, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from the Website without our prior written consent, which may be withheld in our sole discretion. Any manipulation of the Website or any portion thereof, or use of any of the Content for any other purpose constitutes an infringement of our Intellectual Property Rights, or of the Intellectual Property Rights of the respective owners of such Content. Any use of any portion of this Website on any other web site or other networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
FOX has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. FOX has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of FOX or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. FOX's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want FOX to delete, edit, or disable the material in question, you must provide FOX with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; (d) information reasonably sufficient to permit FOX to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the attention of FOX's Legal Department at:
FOX Factory, Inc.
130 Hangar Way
Watsonville, CA 95076
6. Representations and Warranties
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following:
You are over the age of 18 and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein.
You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights (Intellectual Property Rights), or the necessary licenses thereto, to grant the license in Section 3.
You have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
You have read, understood, agree with, and will abide by the terms of this agreement.
You are not, and have not been an agent of FOX and were not and are not acting on behalf of, or as a representative of, FOX or any other party in connection with the User Submission.
The User Submission and FOX's use thereof as contemplated by this Agreement and the FOX's website will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
You are not, nor is any other person who appears in your User Submission, a current member of the Screen Actors Guild (SAG) or of the American Federation of Television and Radio Actors (AFTRA).
You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability.
The User Submission does not contain: (i) material falsehoods or misrepresentations that could harm FOX or any third party; (iii) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iv) advertisements or solicitations of business; or (v) impersonations of third parties, other than those which are readily apparent.
FOX does not endorse any User Submission or the views, opinion, recommendation or advice expressed therein. FOX is not responsible for the accuracy, usefulness or safety of any User Submission content, no matter the source. You may be exposed to User Submissions that are inaccurate, offensive, or objectionable
8. Third-Party Websites
You agree to defend, indemnify and hold harmless FOX and its parent, subsidiaries, agents, officers, directors, employees, shareholders, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to FOX; or (vi) any other party's access and use of the Website with your unique username, password or other appropriate security code.
10. No Warranty
THE WEBSITE AND THE FOX SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ("MATERIALS") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE WEBSITE OR THE MATERIALS IS AT YOUR OWN RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FOX, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE OR THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
FOX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FOX WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FOX WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOX OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
11. Limitation of Liability
IN NO EVENT SHALL FOX, ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA, OR THAT RESULT FROM ERRORS IN THE ADMINISTRATION OF ANY CONTEST, PROCESSING OF CONTEST SUBMISSIONS OR AWARDING OF ANY PRIZE. UNDER NO CIRCUMSTANCES WILL FOX BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. YOU SPECIFICALLY ACKNOWLEDGE THAT FOX SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
12. Sole Remedy
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE WEBSITE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE WEBSITE
The provisions of Sections 4, 7, 9, 10, 11, 12, 13, and 14 shall survive any termination or expiration of this Agreement.
By accessing the Website you represent that you have read this Agreement in its entirety, understand its terms and conditions, are duly authorized to execute this Agreement on behalf of yourself, and you agree to be bound by the terms and conditions of this Agreement.