Under Armour #IWILL Terms for User Content

User Content.

This website, mobile application or other Under Armour product or service that you access (collectively, the “UA Platform”) may contain message boards, forums, bulletin boards, contests, sweepstakes, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials, including artwork, audio recordings, copy, images, music, photography, text, video recordings, ideas, communications, designs, graphics, opinions, written materials and/or other materials (collectively, "User Content") on or through the UA Platform.

All User Content must comply with the Content Standards set out in these Terms of Use. Any User Content you post to the UA Platform will be considered non-confidential and non-proprietary.
All User Content that you submit on the UA Platform is governed by the following license terms (“License”):

  1. You grant to Under Armour an irrevocable, nonexclusive, royalty-free perpetual license to use and exploit your User Content, in whole or in part, in any and all manner and media throughout the world; and the right to use your name, voice, image, likeness, biographical data or any other of your rights of publicity in connection with the User Content. Under Armour is entitled to assign or sublicense all or a portion of this License in its entirety, without payment to you.
  2. You acknowledge and agree that: (a) Under Armour has the right to arrange the posting of User Content in any way it desires in Under Armour’s sole discretion; (b) Under Armour has no obligation to provide you with any credit when using your User Content, but in the event Under Armour chooses to provide you with credit the size and placement of the credit is at Under Armour’s sole discretion; (c) you waive any “moral rights” that you may have in the User Content; and (d) you are not entitled to any compensation or other payment from Under Armour in connection with the User Content. You understand that Under Armour will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this License and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should Under Armour use your User Content.
  3. You represent and warrant that: (a) you have the full power and authority to grant the License described herein and to perform all of your obligations set forth in this License; (b) you are the author of the User Content and that each and every element of the User Content is an original work created by you; (c) you are the sole and exclusive owner of the User Content and all of the trademark and copyrights therein; (d) no third party is entitled to any compensation or payment as a condition for Under Armour’s use and exploitation of the User Content; and (e) the User Content conforms to the Content Standards described below.

Content Standards.

Under Armour expects all of its users to be respectful of other people. If you notice any violation of these Content Standards or other unacceptable behavior by any user, you should report such activity to Under Armour here.

You are solely responsible for the User Content that you post on the UA Platform or transmit to other users and agree that you will not hold Under Armour responsible or liable for any User Content from other users that you access on the UA Platform. Any User Content you provide to Under Armour should reflect your honest opinions, findings, beliefs or experience, and are within your personal knowledge, as applicable.

Categories of prohibited User Content below are merely examples and are not intended to be exhaustive. Under Armour will make the sole determination as to whether or not User Content is acceptable for the website. User Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:

  • include photographs, depictions or references to any people other than yourself, unless you have obtained all necessary permissions from those people;
  • include any material that is owned by anyone else or any company (such as video or film footage, photographs, pictures, drawings, cartoons, artwork, trademarks, visible logos, insignia, signage, slogans, phrases, written text, or other materials), unless you have obtained all required permissions from the owners;
  • contain music (unless Under Armour specifically invites you to include particular music in User Content in a particular situation);
  • contain material that otherwise infringes or violates another party’s right of publicity, right of privacy or intellectual property rights of any person or company;
  • contain any e-mail addresses, URLs, phone numbers, physical addresses or other forms of contact information;
  • threaten or harass or promote racism, bigotry or hatred of any kind against any group or individual;
  • promotes or encourage actual violence against a person;
  • be inaccurate, false or misleading in any way, including, but not limited to, User Content that falsely impersonates any person or organization, that misrepresents an affiliation with another person or organization, or that contains slanderous, libelous, critical, disparaging or spiteful content regarding any person or company or User Content submitted by another user of the UA Platform;
  • be illegal or promote any illegal activities;
  • provide links to any external websites that violate these Content Standards, the Terms of Use or the UA Platform’s Privacy Policy;
  • promote illegal or unauthorized copying of another person’s copyrighted work or links to websites where infringing content can be found or provides information to circumvent security measures;
  • contain “masked” profanity (i.e., F*@&#);
  • contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • contain any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or reference to any other product, offer or website; or
  • does not otherwise comply with these Terms of Use.

Under Armour is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with these Content Standards. Under Armour will make all determinations as to what User Content is appropriate in its sole discretion. Under Armour may include or remove any User Content at any time without notice.

You understand that when using the UA Platform, you will be exposed to User Content from a variety of sources, and that Under Armour is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content.

By submitting your email address in connection with your User Content, you agree that Under Armour and its third party service providers may use your email address to contact you about the status of your User Content and other administrative purposes.

User Content and Eligibility to Participate in Certain Sports Organizations.

Under Armour has invited you to post non-commercial User Content on the UA Platform. Certain sports organizations have rules on amateurism and eligibility that could potentially be implicated if you post User Content on the UA Platform, even User Content that you believe is noncommercial in nature. It is your responsibility to determine whether posting User Content on the UA Platform will affect your eligibility to participate in any sport under any applicable rules of any sports organization.

Termination of Access.

In addition to any right or remedy that may be available to Under Armour under these Terms of Use or applicable law, Under Armour may suspend, limit or terminate your account, or all or a portion of your access to the UA Platform, at any time with or without notice and with or without cause. In addition, Under Armour may refer any information on illegal activities, including your identity, to the proper authorities.

Indemnity.

You agree to defend, indemnify and hold harmless Under Armour, its parent company and all of their officers, directors, employees, business partners and agents, 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) any breach by you of any of these Terms of Use, (ii) your User Content, (iii) your use of materials or features available on the UA Platform (except to the extent a claim is based upon infringement of a third-party right by materials created by Under Armour) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.