Insta360 Award Program Agreement

Arashi Vision Inc. (“Insta360” or “us” or “we”) encourages you to participate in Insta360 Award Program and share your work with us. Activities covered by this Agreement include Insta360 Awards, #NoDroneNoProblem Awards, Shot Lab Challenge, Tiny Planet challenge, FlashCut Challenge, Think Bold Hero Fund, 100KMoments and other activities that we may hold in the future. Some events may only be available in certain regions, please refer to the website for details. If an activity we hold has a separate agreement, the agreement for that activity will apply first. If there is no agreement for that activity or there is a part not covered by the agreement, the content of this agreement will prevail. Please read the Insta360 Award Program Agreement ("this Agreement") carefully. You have the right to choose whether or not to participate in this Program. By clicking the "SUBMIT NOW" button and uploading your Content (including, but not limited to, images, video, audio and other forms of content and all components of sound, lines, visual design, etc. contained therein, hereinafter collectively referred to as "Content"), you are (A) indicating that you acknowledge that you have read and understand all of this Agreement ; (B) you have full civil capacity to enter into a binding agreement (at least 18 years of age or the legal age of majority in your jurisdiction), or you are a legal person or other organization established and legally conducting business or other operations under the laws of your jurisdiction; (C) you accept that you are legally bound by this Agreement . If you do not agree to this Agreement, please do not upload any of your content to Insta360's page at (https://www.insta360.com/cn/awards/submit). 1.Insta360 Award Program Introduction 1.1Types of activities: This program includes Insta360 Awards, #NoDroneNoProblem Awards, Shot Lab Challenge, Tiny Planet challenge, FlashCut Challenge, Think Bold Hero Fund, 100KMoments and other activities that we may hold in the future. 1.2Period: Please refer to the introduction of each activity website (https://www.insta360.com/cn/awards/about) for the specific activity time. 1.3To participate in the program, you can visit and upload your work through the Insta360 Award Program website (https://www.insta360.com/cn/awards/submit), select the specific activity and upload your work. 1.4Please see Insta360 Award Program website (https://www.insta360.com/cn/awards/about) for specific rewards. Please note that rewards are currently issued to users in the form of both cash and vouchers. Rewards issued to You under this Agreement will be issued within ninety (90) days after Insta360 receives the necessary information (e.g., account information, etc.) from You as requested by Insta360 or its third party merchants to receive the Rewards. Such Rewards will be issued to You by wire transfer or other mutually agreed upon method. In the case of payment by voucher, the voucher will be issued to your Insta360 account within the period agreed to in this Agreement. In case of cash payment, the currency will be U.S. dollars. Rewards may be subject to withholding taxes and transfer fees, which will be deducted from your reward. All payments due under this agreement are exclusive of taxes, duties, levies, tariffs and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). You will be responsible for payment of all taxes, transfer fees and any related interest and penalties resulting from any payments made hereunder. 1.5Types of content include video/photo, links or clues. 1.6If your submission is selected for the Insta360 Award Program, you will be notified by email within 10 business days of the announcement of the award. For more information about how Insta360 collects, processes and protects your personal information such as contact information, please refer to " Insta360 Privacy Policy"[y1] (https://www.insta360.com/support/supportcourse?post_id=20166). If the prize cannot be awarded or we are unable to contact you due to an error or incompleteness in the contact information provided by you or other reasons of your own, you will be deemed to have automatically forfeited your right to the prize. We will not be responsible for this and will not reimburse the prize or provide other prizes of equivalent value. 1.7In principle, we will review and evaluate your video/photo submissions or links, clues according to the following rules and procedures: (1) Selection method: manual review (2) Selection Criteria: Whether the video/photo work or link or clue you submit meets the requirements of Article 1.8 of this Agreement and its degree of creativity. (3) Selection process: Selection will be made weekly on merit. 1.8Specifications for Contents: (1) Meet the activities' requirements for content production, such as including the necessary elements required for each activity. See the website (https://www.insta360.com/cn/awards/about) for specific requirements; (2) Comply with the requirements of all applicable laws and regulations, respect and protect applicable national interests, legitimate rights and interests of citizens, social public order, morality and authenticity of information. You agree and undertake not to produce, reproduce, post or disseminate the Contents containing the following information: a)Violating the basic principles and legal provisions stipulated by the Constitution of the People’s Republic of China or by any other applicable laws; b)Endangering national security, leaking state secrets, subverting state power, and undermining national unity of the People's Republic of China or of any other country; c)Causing damages to national honor and interests of the People's Republic of China or of any other country; d)Distorting, vilifying, blaspheming, denying the deeds and spirits of heroes and martyrs, insulting, slandering or otherwise infringing upon the names, portraits, reputation and honor of heroes and martyrs; e)Advocating terrorism, extremism or inciting terrorist or extremist activities; f)Inciting ethnic hatred, ethnic discrimination, or undermining ethnic unity of the People's Republic of China or of any other country; g)Inciting regional discrimination and regional hatred; h)Undermining national religious policies and advocating cults and feudal superstitions of the People's Republic of China or of any other country; i)Fabricating and spreading rumors and false information, disrupting economic and social order, and undermining social stability of the People's Republic of China or of any other country; j)Spreading obscenity, pornography, gambling, violence, murder, terror or instigating others to commit crimes; k)Endangering network security and engaging in activities that endanger national security, honor and interests of the People's Republic of China or of any other country by using the network; l)Insulting or slandering others, or infringing upon the legitimate rights and interests of others; m)Violently intimidating or threatening others, or carrying out human flesh searches; n)Involving the privacy, personal information or data of others; o)Spreading foul language and damaging public order and morals; p)Infringing upon other’s privacy rights, reputation rights, portrait rights, intellectual property rights and other legitimate rights and interests; q)Spreading commercial advertisements, or similar commercial solicitation information, excessive marketing information and spam information; r)Infringing upon the legitimate rights and interests of minors or damaging the physical and mental health of minors; s)Secretly photographing or recording others without the permission of others, infringing upon the legitimate rights of others; t)Performing in a manner that abuses animals, etc.; u)Containing horrors, violence, bloods, high risk, and endangering the physical and mental health of the performer or others, including, but not limited to, i. Any content of violence and/or self-harm; ii. Any performance and content that threaten life and health, and endanger the personal and/or property rights of oneself or others by using dangerous instruments such as knives; iii. Content that encourages or induces others to participate in dangerous or illegal activities that may cause personal injury or death. (3) If you submit a Think bold Hero Fund application to Insta360, in addition to uploading images/videos that comply with Section 1.8(1) and (2) of this Agreement., you must also provide the following information: 1)The time of the incident; 2)The location of the incident; 3)The people involved in the incident; 4)The cause of the incident; 5)How the incident happened; 6)Your role in the incident, or association with the incident. (4)In addition to applying for the Think Bold Hero Fund, if you submit video/photo to Insta360, in addition to the content of your work complying with Section 1.8(1) and (2) of this Agreement, you must also ensure that at least part of your submission is taken by the Insta360 camera. 2.Intellectual Property Rights 2.1You represent and warrant that all Contents you submit to Insta360 through the Insta360 Awards Platform (https://www.insta360.com/cn/awards/submit) are all your originals or legally licensed (and sub-licensed) by their original copyright owners. The intellectual property rights of the Contents shall belong to you or their original copyright owners. 2.2This Agreement also governs Insta360’s use of the name, nickname, portraits, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information of you or any third parties (“Appearances”) as included in the Contents. You represent and warrant that you have obtained the appropriate licenses, permissions, and/or releases from all people that recognizably appear in the Contents, including the real names, nicknames, portraits , voices, live or recorded performances, autographs, photographs and biographical information of such third-party individuals, and the owner of any music, images, video, audio, photos, text, or other material embedded within the contents. Your performance of your agreement to this Agreement, will not violate or conflict with any of your obligations to third parties; your submission of Content or the act of submitting Content itself will not violate the legal rights of any third party (including, but not limited to, any personal and property rights, including intellectual property rights, portrait rights, reputation rights, privacy rights, etc.); and you will comply with all applicable laws, regulations and provisions applicable to this Agreement. 2.3If your Contents contain photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that You have written permission from the minor’s parent or guardian to provide the photo, digital, or video image for commercial use. 2.4 We respect the copyright ownership of your content. However, by submitting your content through Insta360 , you are granting the right and consent to license Insta360 to: 1) The right to store, use, release, copy, modify, adapt, publish, translate, spread, perform, display the content and create derivative according to the content around the world permanently, irrevocably and freely in whatever place the Insta360 intends, including but not limited to any social networks and commercial printed materials; 2) The right to incorporate part or all of the Content into works, media, technologies in any form; 3) The right to exploit the updated and published Content for the business or non-business purposes. 4) The right to provide information download, on-demand unicast, data transmission, mobile video business (including but not limited to wireless services of SMS, MMS, WAP, IVR, Streaming, 5G, Mobile video) and related propaganda and promotion services for the computer terminal, the mobile communication terminal (including but not limited to the portable communication equipment, such as cellphones and smart tablet PCs), the handheld digital audio and video equipment, television reception (analog signal receiving equipment, digital signal receiving equipment, digital TV, IPTV, broadcasting equipment with Internet access function, etc.) 5) The right to authorize the third party to use the Content in the manners described above. 6) Any other exhibition, display, performance, communication to the public, distribution, exploitation or other use of the Content and/or Appearances not set forth above. 2.5 Insta360 agrees to obtain and you hereby grant Insta360 a license to exhibit, display, reproduce or distribute the Contents for any and all purposes (commercial purposes included herein), Insta360 shall be entitled to use the Contents in marketing, promoting and advertising of the Insta360 brand, products and services, testing of Insta360’s technologies, monetization of content through advertising, subscription, licensing and other means. Such a license further includes, among other things, the right for Insta360 to incorporate the Contents in video or audio visual content, text, graphics, artwork, photographs, templates, and other content or materials created by or on behalf of Insta360 or its licensees (the “Insta360 Network”) to create what is referred to herein as the “Insta360 Network Materials.” 2.6 You acknowledge and agree that, all content and materials on the Program promotion page or other promotional materials belong to Insta360 and are protected by the copyright laws of relevant countries. You shall not, by any means (including copy, modify, upload, post, transmit, distribute, license, sell and publish, etc.), use any of the above materials for commercial purposes except with the written permission of Insta360. Insta360 will acquire all rights, ownerships and interests in and to the derivative works containing the Contents that are a part of the Insta360 Network Materials. 3.Responsibility 3.1 You promise and warrant that you shall strictly comply with all applicable laws and regulations and the relevant provisions of the shooting location, and shall not use Insta360 products for any illegal or improper purposes. 3.2 You will indemnify, defend and hold Insta360 harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising from or related to: (a) breach of any of Your representations and warranties in this agreement; (b) any third party claim that the Contents or Appearances, or Insta360’s use thereof, infringe, misappropriate or violate such third party’s intellectual property or other third party rights, (c) any third party claim that is based on any act or omission of You that results in personal injury, death, property damage or the violation of any law, ordinance or regulation; (d)any fraudulent, false, misleading or deceptive of the Contents; 3.3 You understand and acknowledge that you are solely liable for the losses caused to you or any third party by any shooting or photographing activities you participate in under this Agreement, including, but not limited to, (1) negligent death or negligent injury; (2) any damage or liability caused by either party’s fraud or fraudulent misrepresentation; (3) other liability accidents caused by your individual behaviors, and not caused by Insta360 product quality defects. 3.4 Insta360 respects and protects your and others’ intellectual property rights, reputation rights, name rights, privacy rights and other legitimate rights and interests. You agree and promise that you will defend, indemnify and hold harmless Insta360 from all claims, demands, damages, liabilities, losses, costs and expenses (including reasonable attorney fees) arising out of or related to: (1) Breach of any representations and warranties made by you under this Agreement; (2) Any third-party complaint that the Contents you submit or the way the Contents are presented or Insta360’s use of the Content infringe, encroach on, or violate the third-party intellectual property rights or other third-party rights; (3) Any third party suffers personal injury, death, property damage based on any of your actions or omissions, or complains that any of your actions or omissions violate any laws or regulations. (4) Any other liabilities which is not cause by the sole reason of Insta360. 4.Disclaimer To the extent permitted by applicable laws, Insta360 disclaims all warranties of any kind, express or implied. To the maximum extent permitted by applicable laws, you expressly acknowledge and agree that your participation in this program and the receipt and enjoyment of the awards are solely at your own risk and responsibility. If you participate in the 100KMoments and win “Judge Picks” as award, you expressly acknowledge and agree that you receive and enjoy the “Judge Picks” award at your own risk and responsibility. In no event shall Insta360 be liable for any incidental, special, consequential or punitive damages (including, but not limited to, lost revenue, lost profits, lost opportunities and incidental damages, suffered by you as a result of your participation in this program), whether arising out of or in connection with this Agreement or Insta360, even if Insta360 has been advised of the possibility of such damages. 5.Applicable laws and jurisdiction If you reside inside the European Union, these Terms and any action related thereto will be governed by the laws of the Member State where you are domiciled. In case of a dispute the competent courts of the Member State where you are domiciled will have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. If you reside outside of the European Union, these Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Central District of California and each of the parties hereto waives any objection to exclusive jurisdiction and venue in such courts. You are also protected by any mandatory provisions in the laws of the country/region in which you reside. Nothing in this Agreement (including the preceding paragraph) will affect your rights as a consumer to rely on mandatory provisions in your local law. 6.Miscellaneous If any provision of this Agreement is held to be unenforceable or invalid by a court of competent jurisdiction, the other provisions will remain in full force and effect. Insta360 reserves the right to adjust this Agreement to the reasonable extent in accordance with similar activities or standard practice in relation to this Program. If such adjustment shall cause material impacts on your lawful rights or material deduction of our obligations or responsibilities, we will notify you by appropriate means. Please review this Agreement periodically to ensure that you are aware of the above adjustments. If you continue to participate in this Program or use the relevant website after the adjustment of this Agreement, it is deemed that you have accepted and are bound by the adjusted Agreement.