Effective date: 11/18/2024

Arashi Vision Inc. (“Insta360” or “us” or “we”) encourages you to participate in the Insta360 Community Stories campaign and share your Stories (including articles, images, pictures, videos or other information related to Insta360, hereinafter referred to as "Stories") with us. Please read the Insta360 Community Stories User Agreement ("this Agreement") carefully.

You have the right to choose whether or not to participate in this Campaign. By submitting your Stories to us via designated mailbox herein, you are (A) indicating that you acknowledge that you have read and understand 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 submit or upload any of your content to Insta360.

Anything not provided in this Agreement shall be governed by the “Insta360 User Service Agreement” and “Insta360 Privacy Policy”; for any conflict between this Agreement, the Insta360 User Service Agreement and the Insta360 Privacy Policy, the contents of this Agreement shall prevail.

 

1. Introduction of Insta360 Community Stories

1.1 For the purpose of this Campaign, Insta360 encourages you to submit your Stories related to Insta360 to communitystories@insta360.com. We also welcome ideas if it is not convenient for you to create completed stories. We will select Stories from the participants' submissions that suit our blog and post approximately one blog per week. Once your stories have been accepted and published by Insta360 on the official Insta360 Blog, we will award you with the relevant prizes.

1.2 The standard of prizes is as follows: USD$50 for a full story; USD$25 Insta360 Official Store coupon for ideas. An article is deemed a full story when it is a minimum of 300 words in length, up to a maximum of 1200. Articles under 300 words will be treated as an idea, and can only receive the USD$25 Insta360 Official Store coupon.

1.3 Besides the standard prizes, we also have a 6-month giveaway. We will select our favorite performing published Community Story from the last 6 months since the start of the Campaign, and the creator of the selected Story will win one of our cameras. The camera will be determined by Insta360.

1.4 We promise to select the published Stories and the winner of the giveaway in a fair, objective, and unbiased standard. However, we do not guarantee that the Stories you submit will be accepted and published. You understand and agree that not all participants in this Campaign will receive the prize and that participants who get the prize are not entitled to any additional payment or benefit beyond the scope and condition according to Articles 1.2 and 1.3.

1.5 Specifications for Stories:

Your submitted Stories should meet the following requirements:

a) The text of each story shall not exceed 1,500 words;

b) If there are any images, pictures or videos you would like to include in your Stories, you must upload them to WeTransfer or Google Drive and share the link with Insta360 via email or the designated Google form. You must be the owner and fully authorized to share any images, pictures or videos. You should only include images, pictures, videos or other information you're happy to be associated with.

c) If there are any social media posts you would like to include in your Stories, you must share the link with Insta360 via email or the designated Google form. You must be the owner and fully authorized to share any social media content. You should only include social media posts you're happy to be associated with.

c) You must provide your name or social media handle, which will be attached to the article (if published).

d) You cannot include any offensive, violent or other kind of inappropriate content or anything that violates any laws in your submission, nor should your submission intrude on any legitimate rights and interests of others. Otherwise, you must assume all relevant liabilities.

1.6 Other Obligations of Participants

a) You understand that this campaign does not constitute any kind of labor relationship or commission. You should not claim that you're affiliated with us in any way;

b) You understand and agree to all terms in this Agreement and agree to the disposal of intellectual property rights, personal information and other legitimate rights according to Article 2 and Article 3. You will not accuse us of infringement for any of our behaviors which is consistent with this agreement;

c) Based on Section b), you allow us to change and/or edit certain parts of your submitted Stories to accurately reflect the Insta360 brand. You agree that we may remove or take down published Stories at any point at our discretion. However, please be assured that our edition and/or removal of the Stories will not affect your right to the prize (if you're entitled to it);

d) Based on Section b), you allow us to make social posts about the published Stories on other platforms, which may involve the usage of your name and other personal rights. The scope of platforms includes, but is not limited to, Facebook, YouTube, X, Instagram, LinkedIn, Emails to subscribers, Insta360 App, etc.;

e) Based on Section e), once your Stories are accepted, you agree to provide us with your personal information, including but not limited to your full name, PayPal information, address, contact information, etc., for the purpose of this Agreement.

f) Specifications on Participants' responsibilities can be referred to in Article 4 of this Agreement.

1.7 Specifications of Prizes

a) Once you submit your Stories, we will let you know whether it has been accepted within 14 working days. If Stories are accepted, we will notify you by email and send you a Google form to fill in more details relevant to receiving your Prizes;

b) Prizes will be issued after Stories are officially published and after you've provided us with the necessary information through the Google form. Such Prizes will be issued to you by wire transfer (for cash), mail (for camera) or other mutually agreed upon methods;

c) In the case of the Official Store coupon Prize, the Prize will be issued to the provided email address. Please note that the coupons can only be used on the Insta360 Official Store, cannot be stacked with other promotions, vouchers or coupons, and do not apply to new products. The validity of the coupons is 6 months from the date of issue. You understand and agree with the conditions of using the store coupons;

d) Prizes may be subject to withholding taxes and transfer fees, which will be deducted from your Prize or be paid by you (if any);

e) 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.

 

2. Intellectual Property Rights and Other Legitimate Rights in Your Submission

2.1 You represent and warrant that all Stories you submit to Insta360 through this campaign are original or legally licensed (and transferrable) by their original copyright owners. You hereby acknowledge and agree that once your Stories are accepted, all intellectual property rights in your Stories shall belong to Insta360, including but not limited to the right to duplicate, edit, adapt, release, display the Content and produce derivative Stories for operative or non-operative purpose and the right to duplicate, edit, adapt, release and display the derivative Stories.

2.2 This 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 Stories. You represent and warrant that you have obtained the appropriate licenses, permissions, and/or releases from all people that recognizably appear in the Stories, 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 Stories. 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.

2.3 If your Stories 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 You acknowledge and agree that all content and materials on the Campaign/blog 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 copying, modifying, uploading, posting, transmitting, distributing, licensing, selling, publishing, etc.) use any of the above materials for commercial purposes except with the written permission of Insta360. Insta360 will acquire all rights, ownership and interests in and to the derivative Stories containing the Stories that are a part of the Insta360 NetStories Materials.

 

3. Processing of Personal Information

3.1 For the purpose of publishing Stories, we need to collect your personal information contained in the Stories, including but not limited to your name, images, social media channels (if any), etc. We also need to collect personal information about others included in your submission (if any). You guarantee that you have full authorization from that person(s) to allow us to collect and process the personal information contained in the Stories. We will delete the aforementioned personal information immediately if your submission is not accepted. However, if your submission is accepted and officially published, you agree that personal information contained in the published Stories may be permanently stored and displayed on the website (https://www.insta360.com/blog), and may be shared with other parties according to Article 1.6, Section d).

3.2 For the purpose of delivering you the Prize (if you are eligible for it), we need to collect your personal information related to payment and/or mail by Google form, including but not limited to your full name, PayPal information, address and contact information. We will delete the aforementioned personal information immediately after the Prize is successfully delivered to you.

3.3 If you submit your Stories to communitystories@insta360.com, it means that you agree with our collection of your and others (if any) personal information specified in Article 3.1. If you submit the Google form about your payment details or delivery information, it means that you agree with our collection of your personal information specified in Article 3.2. You have the right to reject our collection of your personal information, but in that case, you will not be able to participate in this Campaign and/or receive the Prize.

3.4 We strictly abide by the provisions of laws and regulations and the Insta360 Privacy Policy to process your personal information. Our usage of your personal information will be limited to the scope and solely for the purpose of this Agreement. We will not sell or assign your personal information, and without your consent, we will not share your personal information with any undisclosed third party (the list of third parties sharing personal information with us can be referred to in Article 3.5).

3.5 To enhance the efficiency and quality of our Campaign, we may involve safe and reliable third-party services to collect your personal information specified in Articles 3.1 and 3.2. The list of third parties is as follows. You can refer to their Privacy Policy through the website links attached.

Name of Third Party	Involvement	Purpose of Involvement	Personal Information Collected by the Party	Privacy Policy of the Party
GoogleForm	When Stories are accepted and you are eligible for the Prize for this Campaign	To collect your payment details or delivery information so as to award your Prize (if eligible)	Information related to payment or mail (including your full name, age, PayPal information, address, contact information, etc.)	https://policies.google.com/privacy
WeTransfer	When you choose to submit relevant images, pictures, or videos (optional)	To help us efficiently collect the images, pictures or videos you would like to share with us	Images, pictures, videos submitted by you	https://wetransfer.com/explore/legal/privacy
Google Drive	When you choose to submit relevant images, pictures, or videos (optional)	To help us efficiently collect the images, pictures or videos you would like to share with us	Images, pictures, videos submitted by you	https://policies.google.com/privacy

3.6 If you need to correct any of the personal information collected, you can contact us via communitystories@insta360.com.

 

4. Responsibility

4.1 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.

4.2 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 Stories 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 Stories;

4.3 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.

4.4 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 Stories you submit or the way the Stories are presented or Insta360’s use of the Content infringe, encroach on, or violates the third-party intellectual property rights or other third-party rights;

(3) Any third party suffers personal injury, death, or 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 that are not caused by the sole reason of Insta360.

 

5. 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. 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.

 

6. 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.

 

7. 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 a reasonable extent in accordance with similar activities or standard practice in relation to this Program. If such adjustment causes 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.