AMERICA. MADE IN RED WING.: Terms of Use

Red Wing Shoe Company

Red Wing Content Hub Terms of Use Agreement

Welcome to the Red Wing Content Hub. Red Wing Brands of America, Inc. (“we,” us,” our,” or “Red Wing”) is the owner and operator of the Red Wing Content Hub and brand. The Red Wing Content Hub is an online community for Red Wing Shoe Company work boot fans to share photos about their Red Wing boots and the things they make in them. The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”) apply to your use of our website and content, functionality, and services offered at in.redwingshoes.com (our “Site”).

Your use of our Site means that you accept and agree to these Terms of Use.  If you do not agree to these Terms or to our Privacy Policy, do not use or access the Site. 

We may revise and update these Terms of Use from time to time in our sole discretion, and will post any updates to the Terms of Use on the Site.  Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

Posted Content

The Red Wing Content Hub allows you to post photos of your Red Wing work boots, accompanied by basic information about who you are and what you make in your Red Wing boots (“Content“). You are solely responsible for all Content you post. All Content you post on the Red Wing Content Hub will be visible to anyone who visits the Site. Red Wing does not control the Content posted by you or others on the Red Wing Content Hub and does not guarantee the accuracy, integrity or quality of the Content. By using the Red Wing Content Hub, you may be exposed to Content that is offensive, indecent, harmful, inaccurate, deceptive or objectionable.

Under no circumstances will Red Wing be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available on the Red Wing Content Hub.

Restrictions on Content

You may not post, upload, transmit or otherwise make available on the Red Wing Content Hub any Content that: 

You are responsible for compliance with all laws, regulations and ordinances in connection with your use of the Red Wing Content Hub. Red Wing reserves the right to monitor, pre-screen, reject, remove or edit any Content for any reason in its sole discretion and without notice. Red Wing may investigate and take appropriate legal action against anyone who, in Red Wing’s sole discretion, violates these Terms, including without limitation, removing the offending Content from Red Wing Content Hub.  

Intellectual Property

By submitting Content, you are claiming that you are the legal owner of the Content. If you are not the legal owner of the Content, you must first obtain consent from the owner before submitting it to the Red Wing Content Hub. You, as the legal owner of, or having the right to permit the use of your Content, irrevocably grant to Red Wing, the full, royalty-free, worldwide and perpetual rights and license to take and use Content in advertising, trade, or for any purpose under the terms described in these Terms or our Privacy Policy. By granting this license, you consent to the use of your Content in any printed or electronic medium, including without limitation, in advertisements, promotions, catalogs, its website, Instagram account, Facebook page, or any other print or digital medium without any additional compensation or obtaining any further permission from you.   

You waive any right that you may have to inspect or approve the finished product or products based on the Content, or the advertising copy or other published material or medium using the Content. You release, discharge, and agree to save harmless and defend Red Wing and all persons acting under their permission or authority, from any liability by virtue of (i) any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the using of the Content or in any subsequent use, (ii) the publication of the Content in any digital, print or any other medium or any use as described in these Terms or our Privacy Policy; and (iii) any other terms of these Terms or our Privacy Policy. You warrant that you are legally competent and have every right to contract in your own name in the above regard. You have read the above authorization, release, and agreement and fully understand its contents.

You warrant  that the Content, as posted by you on the Red Wing Content Hub, is original and does not violate any copyright, trademark, patent, proprietary or statutory right of any other person. You warrant that you have the authority to enter into this Assignment and to transfer all rights in the Content to Red Wing.

You are granted a non-exclusive, non-transferable, revocable license to access and use in.redwingshoes.com and the Site. The Red Wing Content Hub encourages and permits the re-use of Content posted on the Site on other social media platforms. However, as a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not do any of the following while accessing or using the Site: (1) use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site; (2) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site; or (3) access, tamper with, or use non-public areas of the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms. 

Digital Millennium Copyright Act Policy

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Submitting a claim of copyright infringement, however, is a serious claim and before you send us notification, you should attempt to reach out to the user who posted the content and may work with that individual regarding the infringing content.

If you believe that any content on the Site infringes on the intellectual property of a third party, you may send it to: photo@redwingshoes.com. To submit a claim, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content on the Site that infringes upon the copyright, and a declaration that: (i) you, in good faith, believe the information is infringing on the copyright of a third party, (ii) the information you include in your notice is accurate, and (iii) you are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation.

Links to Other Websites and Connecting through Social Media

The Site may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. We are not responsible for the accuracy of opinions expressed in any linked websites on the Site, and such websites and links are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Site does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the Site to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

Indemnification

You agree to indemnify, defend and hold harmless Red Wing, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site, any claim that your Content violates the intellectual property rights of a third party, your violation of these Terms or your violation of any rights of a third party or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Electronic Communications

Visiting the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. To opt out of receiving an email from us follow the “unsubscribe” link in any email you receive from us to change your user preferences.

Warranty and Limitation of Liability

THE SITE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. RED WING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

RED WING AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. RED WING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RED WING AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, THE APPLICATION OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RED WING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Governing Law, Venue and Jurisdiction

The existence of the Site is not intended and should not be construed to mean that we are conducting business in all states of the United States of America, or that we consent to submit to the personal jurisdiction of the state or federal courts in any state in the United States, except the State of Minnesota. These Terms shall be treated as though they were executed and performed in Minnesota, and shall be governed by and construed in accordance with the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. You agree that any claim or dispute you may have arising out of or related to the Site including, without limitation, your use of the Site, your information provided to the Site, and/or these Terms of Use, the Privacy Policy, and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.

Miscellaneous Terms

These Terms of Use, together with our Privacy Policy are the entire agreement between you and us related to your use of the Site.

Contact Information

To contact us, email us at photo@redwingshoes.com.

Red Wing Shoes What Do You Do In Your Red Wing Boots?

You can tell a lot by a workers’ boots and where they put those boots to work. We want to see and hear about what you do -- and how you get the job done right in your Red Wings. Look down and snap a pic of your Red Wings. Or, take a look around and snap a pic of where you put yours to work. Then, tell us what you do in your Red Wing boots.

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