By replying to The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County Florida Government, hereinafter called “CVB” consent request to participate in Chute (content aggregation tool) with the hashtag #yesParadise, you hereby grant the CVB, County Board of County Commissioners, Tourist Development Council and its affiliates, subsidiaries, successors, assigns, licensees, sub-licensees, agents and CVB partners an irrevocable, worldwide, royalty-free, unrestricted, perpetual sub-licensable (through multiple tiers) and transferable right and license to use, copy, transmit, publish or otherwise distribute, modify, create derivative works based upon, incorporate into other works, publicly perform and display the content or any portion thereof, in or through any medium, whether now known or hereafter created (including, but not limited to, on the CVB Facebook pages, other websites owned or controlled by the CVB, its affiliates or anyone acting on the CVB’s authority, and in e-mails, Facebook, Twitter or Instagram communications), for any and all lawful purposes without compensation to you, and agree to execute documents, instruments or agreements confirming such right and license at the CVB’s reasonable request. You agree that any and all content posted by you is non-confidential and represent that you are the sole owner of the content and that CVB’s use of the content will not violate the rights of any third party, including, but not limited to, copyright rights, and that you will defend and hold harmless CVB, County Board of County Commissioners, and Tourist Development Council from any and all claims arising therefrom.
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 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 CVB 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 CVB 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 CVB 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 the CVB or their marketing, advertising, commercial or promotional efforts.
You agree to irrevocably release and forever discharge CVB, County Board of County Commissioners, Tourist Development Council, 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 CVB, 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 the MOT.
You agree to indemnify, defend and hold harmless CVB, County Board of County Commissioners, Tourist Development Council, 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. CVB 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 CVB’s defense of such claims.
MODIFICATIONS TO THESE TERMS AND CONDITIONS
CVB may, at its sole discretion, change these Terms and Conditions at any time. Any such changes will be posted on https://www.paradisecoast.com/rights-to-use-content along with the new effective date.
Should you want your content removed from the CVB Website(s), you will need to send a message to the following: [email protected] Once CVB acknowledges receipt of your email request, please allow 30 days for any action to take place.
You understand and agree that your Content will be publicly displayed and it will not be treated in confidence. In fact, many people from around the world will be able to view your Content and by replying to the organizations’ (see above mentioned) request for consent you provide the organizations’ (see above mentioned) with the right to use and share your Content on their current or future websites including but not limited to paradisecoast.com and in all of their social media channels including, but not limited to, Facebook, Twitter and Instagram, and in all their advertising and marketing including, but not limited to, print and digital as well as in printed brochures.
CREDIT FOR CONTENT
The CVB shall exercise reasonable efforts to include credit to you when using the content, provided that the details such as your name and/or social media identity (i.e., Twitter handle) are included by you. You voluntarily agree to waive all moral rights in favor of CVB, County Board of County Commissioners, Tourist Development Council, and under no circumstance shall a failure to include credit by CVB directors, officers, agents, employees or sub- licensees constitute a breach of this Agreement.
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.