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