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USER GENERATED CONTENT TERMS AND CONDITIONS

Effective date: July 13, 2020

Keiser Corporation (“us”, “we”, or “our”) and/or its affiliates (collectively, "Keiser") owns and/or operates various websites (www.keiser.com, www.keiseruk.com, education.keiser.com and others), social media (Facebook, Instagram, Youtube, Twitter, LinkedIn and others) and other online properties that permit users (hereinafter “Members” or “Users”) to submit or publish content (“Keiser Properties”). Such websites may include, but are not limited to, message boards, blogs, product reviews, education platforms, social networks, and comment boards.

Keiser reaches out to Users to seek their permission to feature their content on our various sites, social channels, and various promotional materials. You are reading this because Keiser has requested your permission to use your social media content in this way.

If you choose to allow us to use your social media content (“User Content”) by replying with the hashtag #KeiserStrong, you agree to these User Generated Content Terms and Conditions (“UGC Terms”).

Keiser engages a limited number of service providers to facilitate the collection and transmission to the Keiser Properties of User Content, including photos, text, graphics, audio, video, location information, comments and other materials from Keiser Properties and social media sites, for use by Keiser in connection with its business, including Keiser’s product feature, marketing, promotional, advertising and other consumer-related activities (the “Keiser Services”).

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

COMMUNITY GUIDELINES

While we encourage the sharing of Users’ comments, photos, videos, and links, please understand that the postings to our Keiser Properties do not necessarily represent the opinions of Keiser Corporation or its affiliates. Posts that we feel are offensive, inappropriate or not otherwise keeping with the spirit of the page, such as advertising, spam, posts that reflect irresponsible or un-safe equipment use, are off-topic, or contain vulgar language, posts that may violate the rights of others, or violate any of Keiser Properties’ terms of use may be removed. We also reserve the right to block. If you have a material connection to Keiser (as an employee, agency, sponsored blogger/brand ambassador, distributor, etc.), please be sure to let everyone know that when you post.

USER CONTENT LICENSE

By choosing to allow Keiser to use your User Content, you hereby grant to Keiser and its related companies, partners, agents, and other affiliates (the “Licensed Parties”) a perpetual, irrevocable, royalty-free, fully sub-licensable and transferable worldwide license and permission to use, reproduce, edit, modify and exhibit, create derivative works of, transmit, distribute, and display your User Content in any manner. The Licensed Parties may use your User Content 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, in any and all media formats, whether now known or hereafter developed.

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 agree the Licensed Parties have no obligation to use your User Content, name, or other identifying information. 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 Licensed Parties reserve the right to cease use of any User Content at any time. If you believe any content, including User Content, used in connection with Keiser’s business infringes any person’s or entity’s copyright rights, please contact legal@keiser.com.

REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant that:

  • You are at least eighteen (18) years of age and a legal adult in the state or country where you live;
  • Your User Content is your original creation and it was not taken from any website, social media posting, or elsewhere;
  • You have all necessary rights and authority to grant the rights granted herein, and that the Licensed Parties’ use of your User Content in accordance with this release will not violate the rights of any third party
  • You have permission from all persons appearing in your User Content to grant the rights described in these UGC Terms;
  • the Licensed Parties’ use of your User Content will not violate the rights of any third party, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, or proprietary rights;
  • The User Content is not libelous, defamatory, obscene, pornographic, harassing, hateful, or offensive or otherwise unlawful;
  • You agree that the Licensed Parties’ use of your User Content does not and will not require payment to any person or entity and does not require approval or consent by any other person or entity.
  • You agree to indemnify Keiser and Licensed Parties against any and all claims, actions, liabilities, losses, damages, expenses, including reasonable attorneys’ fees, incurred by Keiser or Licensed Parties which arise from a breach by you of the representations and warranties contained herein.

PRIVACY POLICY

Keiser will use any personal data received in connection with the use of your User Content in accordance with these UGC Terms, Keiser’s Privacy Policy (available at https://www.keiser.com/privacy-policy) or the Privacy Policy applicable in your country available on Keiser’s local website or upon request, which are hereby incorporated by reference.

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. By using Keiser Properties or Keiser Services, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use this Site, Keiser Properties, or Keiser Services or otherwise provide the Licensed Parties with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the Licensed Parties behalf. By using Keiser Properties or Keiser Services or otherwise providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of the UGC Terms, Keiser’s Privacy Policy and applicable data protection laws and regulations.

The Licensed Parties reserve the right to remove any User Content from Keiser Properties. If you believe any content, including User Content, residing on Keiser Properties or displayed or used in connection with the Keiser Services infringes any person’s or entity’s copyright rights, please refer to the Keiser Terms and Conditions (https://www.keiser.com/terms-and-conditions) or contact legal@keiser.com.

INTELLECTUAL PROPERTY RIGHTS

Keiser, Licensed Parties, Keiser Services or Keiser Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Keiser by authorizing use of your User Content or otherwise using or accessing Keiser Properties or Keiser Services.

MISCELLANEOUS

You agree that if Keiser does not exercise or enforce any legal right or remedy which is contained in these UGC Terms (or which Keiser has the benefit of under any applicable law), this will not be taken to be a formal waiver of Keiser’s rights and that those rights or remedies will still be available to Keiser.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these UGC Terms are invalid, then that provision will be removed without affecting the rest of the UGC Terms. The remaining provisions of these UGC Terms will continue to be valid and enforceable.

KEISER PROPERTIES ARE BEING MADE AVAILABLE TO YOU “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.

STANDARD TERMS AND CONDITIONS FOR KEISER PROPERTIES

In addition to these UGC Terms, you agree to be bound by Keiser’s standard Terms and Conditions, available at https://www.keiser.com/terms-and-conditions, the terms of which may be modified and updated from time to time, with respect to your use of User Content.