EXPERIENCE KISSIMMEE SOCIAL MEDIA USER GENERATED CONTENT TERMS & CONDITIONS
TERMS AND CONDITIONS FOR CONTENT PROVIDERS TO EXPERIENCE KISSIMMEE (OSCEOLA COUNTY CONVENTION & VISITORS BUREAU, INC), EXPERIENCEKISSIMMEE.COM, AND SOCIAL MEDIA CHANNELS UTILIZED BY EXPERIENCE KISSIMMEE.
CONSENT AND RELEASE
By clicking “I agree to the Terms and Conditions” and Confirm to EXPERIENCE KISSIMMEE’S (EK’s) image request, you represent and warrant that:
- You are at least 18 years of age, you have the legal right to enter into this agreement and you are not impersonating anyone else;
- You own all rights in and to your Content including without limitation, all rights to the image, audio, video and or digital recording and performance contained in your Content (if any) and/or you have acquired all necessary rights to the elements appearing in your Content to enable you to grant the same rights to the EK as described herein;
- Your Content is wholly original and does not infringe on the copyright, trademark, patent, trade secret or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third party individual or entity;
- You agree to release and allow all creative license and creative treatment in the use and production of your Content at the discretion of EK and its affiliate agents;
- You voluntarily agree to waive all “moral rights” that you may have to your Content;
- Any information contained in your Content is not known to you to be false, inaccurate or misleading;
- Your Content does not violate any law;
- You were not and will not be compensated or granted any consideration by any third party for submitting your Content;
- You will not be compensated or granted any consideration in any way by EK for the use of your Content;
- Your Content does not incorporate materials from a third party website, copyright protected materials or personally identifiable information of anyone other than yourself;
- Your Content does not reflect negatively in any way upon EK or their marketing, advertising, commercial or promotional efforts; and
- You agree to irrevocably release and forever discharge EK and its affiliate agents, subsidiaries, employees and third party providers from any and all actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against EK and its affiliate agents, subsidiaries, employees and third party providers or their respecting successor without limitation resulting from the use of your Content or anything contained therein by EK.
You understand and agree that your Content will not be treated in confidence, may be publicly displayed and potentially viewed by many people from around the world. By replying to EK’s request for consent, you authorize EK to use and share your Content on their official websites including, but not limited to, experiencekissimmee.com and kissimmeesports.com as well as in all social media channels including, but not limited to, Facebook, Twitter and Instagram. Furthermore, by replying to EK’s request for consent, you authorize EK to use and share your Content in other marketing materials or advertising, both digital and printed, such as magazines, videos, or billboards.
EK RIGHTS TO USER GENERATED CONTENT
By clicking “I agree to the Terms and Conditions” and Confirm, you agree to these Terms and Conditions. You grant EK and affiliate agents a perpetual, transferable, non-exclusive, worldwide license to a) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or works, publish, translate, publicly perform, publicly broadcast and publicly display your Content (or any modification thereto) in whole or in part, in any format or medium now known or later developed and b) use your Content in any manner and for any purpose, including and without limitations: marketing, advertising, commercial or promotional purposes that EK or their affiliate agents deem appropriate.
You agree that you are solely responsible for your Content. EK is not required to host, display, or distribute any Content on or through their Websites and may remove Content at any time or refuse Content for any reason. EK is not responsible for any loss, theft, misuse or damage of any kind to your Content.
You agree to indemnify, defend and hold harmless EK and its affiliate agents from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including a reasonable amount of attorney’s fees) that such parties may incur as a result of or arising from your breach of these terms and conditions. EK reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with EK’s defense of such claims.
Should you want your content removed from EK Website(s) or social channels, you will need to send a message to email@example.com and include a link to your original content and the location on our website or social channel where your content should be removed. Once EK acknowledges receipt of your email request, please allow 30 days for any action to take place.
LINKING, CRAWLING AND ARCHIVING
If you would like to link to EK Website(s), the following guidelines apply:
- You must not incorporate any content from this site into your site or social media channels by in-lining, framing or creating other browser or border environments around the Website Content. You may only link to, not replicate, the EK Website Content;
- You may not use any EK trademarks, logos, designs or service marks in your links;
- You may not create the appearance of a relationship or affiliation with EK; and
- Your site or social media channels may not contain offensive, distasteful, illegal or inappropriate Content.
If you would like to use a web crawler or other search tool to gather information from EK’s Website(s) you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.
CAUTION: Any attempt by any individual to deliberately damage any EK Website(s), tamper with the aggregation process or otherwise undermine the legitimate operation of the program may be a violation of criminal and civil laws. Should such an attempt be made, EK reserves the right to cooperate in the prosecution of any such individual(s) and to pursue all remedies to the fullest extent permitted by law.
These Terms and Conditions and the Privacy Statement together with any additional terms to which you agree when using particular elements of the Website(s) constitute the entire and exclusive agreement between you and EK.
These terms shall be governed by the laws of the state of Florida. Should any and all legal disputes connected with the Content arise, resolution will take place in accordance with the laws of the state of Florida.