Terms and Conditions

    By submitting User-Generated Content (“Content,” which includes but is not limited to photographs, text, video, audio, and your name, likeness, and/or user handles for social media platforms), and/or by consenting to VISIT FLORIDA and/or its subsidiaries, partners, and affiliated companies (collectively, “VISIT FLORIDA Parties”) using content you have posted to a social media platform (including, but not limited to, Twitter, Instagram, and Facebook), you agree to be bound by all sections of the Terms and Conditions below:

    1. General

    VISIT FLORIDA may now or in the future offer visitors to the Website the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Website (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (“User-Generated Content” or “Content”). VISIT FLORIDA may do this through forums, blogs, message boards, social networking platforms, social communities, email, and other communications functionality. VISIT FLORIDA may additionally request consent from you to use Content you have posted to social media platforms, including but not limited to Twitter, Instagram, and Facebook. By submitting such User-Generated Content to VISIT FLORIDA, or by consenting to the VISIT FLORIDA Parties using Content that you have posted to a social media platform, you agree that the VISIT FLORIDA Parties may use, reproduce, copy, distribute, publish, exhibit, digitize, publicly display, alter, edit, manipulate and otherwise use your Content via any means and in any medium, including but not limited to social networking platforms and websites owned or controlled by VISIT FLORIDA and its subsidiaries, partners, and affiliated companies, and in other print, audio, and video advertising done by or on behalf of VISIT FLORIDA and its subsidiaries, partners, and affiliated companies.

    2. Non-Confidentiality of Your User-Generated Content

    Except as otherwise described in the Website's posted Privacy Policy or any Additional Terms, you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary, and (b) VISIT FLORIDA does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon VISIT FLORIDA's request, you will furnish us with any documentation necessary to substantiate these rights and verify your compliance with this User Agreement or any Additional Terms.

    3. License to VISIT FLORIDA of Your User-Generated Content

    Except as otherwise described in any Additional Terms (such as a contest's official rules), which will govern the submission of your User-Generated Content, by either (1) submitting User-Generated Content to VISIT FLORIDA, or (2) by consenting to allow VISIT FLORIDA to use Content you have posted to a social media platform, you hereby grant to VISIT FLORIDA a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and fully paid up right and license to use, copy, record, distribute, reproduce, disclose, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, and otherwise use in any manner whatsoever, all or any portion of your User-Generated Content, for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. In order to further effect the rights and license that you grant to VISIT FLORIDA to your User-Generated Content, you also hereby grant to VISIT FLORIDA the unconditional, perpetual, irrevocable right to use your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights you have granted in Section 3, this Agreement, or any additional terms on the VISIT FLORIDA Privacy Policy by submitting User-Generated Content or by consenting to the use of your Content posted to social media platforms, and you agree that you shall have no right of approval, claim to compensation (including, but not limited to, license fees and/or royalties), and no claim (including, but not limited to, claims for invasion of privacy, defamation, right of publicity, copyright infringement, or trademark infringement) arising out of any use in accordance with these Terms and Conditions by VISIT FLORIDA or its subsidiaries, partners, and affiliated companies. Notwithstanding this provision, you understand and agree that the VISIT FLORIDA Parties are not obligated to use your Content in any way, and that the VISIT FLORIDA Parties may, in their sole discretion, remove your Content, or any portion thereof, from the VISIT FLORIDA Parties’ websites, advertising materials, and/or social media platforms.

    4. Representations and Warranties Related to Your User-Generated Content

    Each time you submit any User-Generated Content to VISIT FLORIDA or consent to the use of your Content that you have posted to any social media platform, you represent and warrant that: (a) you are 18 years old or older; (b) you have the legal right to post and/or submit the Content; (c) that if any Content depicts any minor under the age of 18 years old, you are the child’s parent or legal guardian or have all legal and proper consents from the parent or legal guardian; (d) that neither the Content nor the use of the Content by the VISIT FLORIDA Parties will infringe upon or violate the rights of any other person or entity, including but not limited to rights of publicity, privacy, copyright, and trademark, and that such use is lawful; (e) that you are the sole author and owner of the Content, or that you have the lawful right to grant to VISIT FLORIDA the rights to the Content that you are granting by these Terms and Conditions, without any obligation of the VISIT FLORIDA Parties to obtain consent or permission from any third party; (f) that the Content is not indecent, obscene, tortuous, defamatory, slanderous, or libelous; and (g) that VISIT FLORIDA’s use of the Content will not violate these Terms and Conditions, cause injury or harm to any person or entity, or violate any law, ordinance, or regulation.

    5. Indemnification and Limitation of Liability

    You hereby agree to indemnify, defend and hold harmless VISIT FLORIDA from and against any and all claims, lawsuits, demands, actions or other proceedings of any kind brought against it by any third party and from any and all damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by VISIT FLORIDA in connection with or arising from any such claim, lawsuit, action, demand or other proceeding relating to or arising out of any violation of these Terms and Conditions, or any violation of any law(s), regulation(s) or third party rights. You agree to pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by VISIT FLORIDA in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

    6. Enforcement

    VISIT FLORIDA has no obligation to monitor or enforce any intellectual property rights you might have to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf at VISIT FLORIDA's cost and expense, to which you hereby consent and irrevocably appoint VISIT FLORIDA as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest.

    Contact Us

    You may contact us at: VISIT FLORIDA, 2540 W. Executive Center Circle, Suite 200, Tallahassee, FL 32301, or at privacy@VISITFLORIDA.org.

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