Permission To Use Content
Permission To Use Content
We love your comment, feedback, submission, suggestion, question, photo, video, review or other content (“Content”) and know others will benefit from seeing it on www.citygear.com (our “Site”) and social media channels. As you consider allowing us to publish your Content, we want to make sure you know exactly how we intend to use it.
You agree that if you tag @CityGear on Facebook or @CityGear on Instagram or Twitter, or any other City Gear social media handle on any social media channel, you are authorizing City Gear to share your social media post on any social media channel without any requirement that City Gear secure additional documentation of your consent to this sharing beyond your tag of @CityGear or any other City Gear social media handle in your social media post. City Gear will send a direct message to you using the social media channel’s messenger service informing you of any election by City Gear to share your post in which you tagged @CityGear or any other City Gear social media handle. If you wish for City Gear to remove its share of your post please reply to City Gear’s direct message requesting same. City Gear shall take action in response to your request within a reasonable time during normal business hours.
If you do not tag @CityGear or any other City Gear social media handle and City Gear wishes to re-publish your post City Gear shall contact you to request that you agree to the terms of this Permission to Use Content Agreement. By replying to our Instagram or Twitter post with #CityGearAgree, you accept notice of and affirmatively agree to this Permission to Use Content Agreement, and represent and warrant that:
• you are the sole author and owner of the Content;
• you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement;
• use of any Content you supply will not violate any term of this Permission to Use Content Agreement;
• you grant City Gear, LLC and its affiliate, Hibbett Retail, Inc., formerly known as Hibbett Sporting Goods, Inc. (collectively, “City Gear”, “We, or “Our”) a non-exclusive, non-revocable, worldwide and perpetual commercial right to reproduce the Content in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation; and
• agree that your Content may be used by City Gear to create derivative works either alone or in conjunction with sketches, cartoons, captions, films, artwork, textural matter or other photographs.
While City Gear may give you credit for your Content and provide a link back to your Instagram or Twitter account, you acknowledge and agree that such credit is not required or mandatory and your permission for us to use your Content is not contingent upon such credit being provided. You explicitly waive any right to inspect and/or approve the finished work incorporating the Content or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. You waive any and all claims, whatsoever, to royalties with regards to your Content or our finished work.
In accordance with the Consumer Fairness Review Act of 2016 and applicable state Anti-SLAPP laws, such as California Assembly Bill 2365, City Gear may prohibit or remove Content that (i) contains confidential or private information; (ii) is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (iii) is unrelated to the company’s products or services; or (iv) is clearly false or misleading.
Lastly, you acknowledge and agree that this Permission to Use Content Agreement shall also be governed by the Terms & Conditions, located at Terms of Use, and all of those listed herein. Should a conflict arise between the terms and conditions located in this Permission to Use Content Agreement and the Terms &Conditions, those terms and conditions in the latter shall control. If you do not accept all of these terms and conditions, do not grant City Gear permission to use your Content.
1. Risk and Warranty
YOU AGREE THAT WHEN YOU PUBLISH YOUR CONTENT ON OUR SITE IT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CITY GEAR, HIBBETT, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. CITY GEAR AND HIBBETT MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
2. Limitation of Liability
IN NO EVENT SHALL CITY GEAR, HIBBETT, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CITY GEAR OR HIBBETT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT CITY GEAR AND HIBBETT SHALL NOT BE LIABLE FOR CONTENT 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.
3. Indemnification
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CITY GEAR AND HIBBETT, AND THEIR AFFILIATED COMPANIES AND RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES 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) YOUR USE OF AND ACCESS TO THE SITE; (II) YOUR VIOLATION OF ANY TERM AND CONDITIONS LISTED HEREIN; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THE SITE.
4. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by City Gear or Hibbett without restriction.
5. Applicable Law and Jurisdiction
YOU AGREE THAT ALL MATTERS RELATING TO THESE TERMS OF USE AND YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS THERETO, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF ALABAMA, UNITED STATES OF AMERICA, WITHOUT REGARD TO ALABAMA’S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF ALABAMA LOCATED IN JEFFERSON COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT.
6. Arbitration Agreement and Class Action Waiver
THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS OF USE WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND, EXCEPT FOR NEW JERSEY RESIDENTS AND WHERE OTHERWISE PROHIBITED BY LAW, (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION, SUBJECT TO SECTION 5 HEREIN, AND NOT BY AN ARBITRATOR.
Any dispute or claim arising out of or relating to your use of the Site shall be settled by binding arbitration. You, on the one hand, and City Gear and Hibbett, on the other hand, waive the right to go to court and agree to submit any claims to arbitration. This arbitration provision is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended. However, we each retain the right to pursue in a small claims court any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. You agree that regardless of any statute or law to the contrary, any claim must be filed within one (1) year after such claim arose or be forever barred. Notwithstanding the foregoing, this one-year statute of limitations shall not apply to New Jersey consumers.
The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules issued in September 2014. Please contact the AAA for a copy of the rules. For your convenience, arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you, on the one hand, and City Gear and Hibbett, on the other hand, agree. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA. This provision survives termination of your subscription or relationship with City Gear and/or Hibbett. If the class action waiver is deemed unenforceable, then this entire arbitration provision shall be rendered null and void.
7. Severability
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and City Gear or Hibbett's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
8. Other
City Gear reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment to these Terms of Use will signify your assent to and acceptance of its revised terms.
If you have any questions, please email us at [email protected] .
Last Updated: September 9, 2024.
Your Privacy Choices
