User Generated Content Terms & Conditions
By responding #YES, you have provided your written signature to enter into a binding agreement with Company as set forth herein.
USER GENERATED CONTENT:
By agreeing to these Terms and Conditions, you hereby grant Company, its clients and each of their affiliates, and their respective designees a non-exclusive, sub-licensable, unlimited, irrevocable, perpetual, worldwide, fully-paid, royalty free license and right to use, modify, publicly perform, publicly display, reproduce, modify, and distribute and make derivative works of the Content (defined below) in any and all media now known or hereinafter developed without limitation to time or territory and without the requirement to make payment to you or to any third party or the need to obtain any permission from you or any third party. This license includes the right to host, index, cache, distribute, and tag any Content, as well as the right to sublicense Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs or print reproduction. You continue to retain all ownership rights in your Content, and you continue to have the right to use your Content in any way you choose, subject to these Terms and Conditions and the license described herein.
You acknowledge that Company has no obligation to use the post it selects, including any photos, video, written statements, artwork, hashtags, captions, names, and any other information within or associated with the post (collectively, “Content”) or credit you.
You consent to Company or its designee storing the Content and your contact details in case Company seeks to contact you and in order for Company to demonstrate its rights herein.
BY AGREEING TO THESE TERMS AND CONDITIONS, YOU REPRESENT AND WARRANT THAT YOU ARE OF THE AGE OF MAJORITY (19 OR OLDER IN AL AND NE AND 18 YEARS OLD OR OLDER IN ALL OTHER STATES), AND HAVE THE RIGHT TO GRANT THE RIGHTS SET FORTH HEREIN AND YOU ACKNOWLEDGE THAT CONTENT, WHICH MAY INCLUDE PERSONAL INFORMATION OF YOUR MINOR CHILD(REN), MAY BE POSTED ON COMPANY’S, ITS AFFILIATE’S OR THIRD PARTY PARTNER’S WEBSITES OR USED IN ANY OTHER MEDIA NOW KNOWN OR HEREINAFTER DEVELOPED FOR PURPOSES DESIGNATED BY COMPANY, IN ITS SOLE DISCRETION WITHOUT TERRITORIAL OR TIME LIMITATION.
By agreeing to these Terms and Conditions, you warrant and represent that: (a) the Content is your original work, (b) the Content has not been previously published, (c) the Content has no previous awards, (d) the Content does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) you have obtained all permission, consents, waivers necessary for the depiction of any person, name, nickname, username, likeness or voice in the Content (if any), (f) you are the parent or legal guardian of any minor child depicted in the Content; (g) publication of the Content via various media including Web posting and print media, will not infringe or violate the rights of on any third party; and (h) the Content accurately reflects your experience with Company’s products and services, and that any depiction are known to be true and are based on your use of Company’s products and services.
You release Company, its parents, affiliates, subsidiaries, and contractors and each of their respective directors, officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to the Content provided to Company. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
By agreeing to these Terms and Conditions, you agree that your grant of rights is gratuitous and made without restriction, and will not place Company under any obligation, that Company is free to use or otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation or credit to you. You acknowledge that, by selecting your Content, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
GOVERNING LAW/JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of you or Company in connection with the provision or use of Content shall be governed by and construed in accordance with the laws of the State of [Florida], U.S.A., without regard to its conflicts of law principles. You consent to the jurisdiction and venue of the state and federal courts located in the [Eleventh Judicial Circuit of Florida].
BINDING ARBITRATION/CLASS ACTION WAIVER: Any controversy or claim arising out of or relating to the Content shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply [Florida] law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Company shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT PROVIDE CONTENT IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
BY PROVIDING CONTENT, 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 CONTENT WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (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; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
SEVERABILITY; ENTIRE AGREEMENT:
If any provision(s) of these Terms and Conditions are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. These Terms and Conditions constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and communications, written or oral, with respect to the subject matter hereof. These Terms and Conditions may not be modified or any right of a party waived orally, but only by a writing signed by both parties.