TAHITI TOURISME UNITED STATES SOCIAL MEDIA
CONSENT AND RELEASE
By replying with the hashtag #YesTahiti you acknowledge and agree to the below Terms and Conditions and Confirm to Tahiti Tourisme United States’ 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 Tahiti Tourisme United States 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 Tahiti Tourisme United States 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 Tahiti Tourisme United States 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 Tahiti Tourisme United States or their marketing, advertising, commercial or promotional efforts; and
- You agree to irrevocably release and forever discharge Tahiti Tourisme United States 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 Tahiti Tourisme United States 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 Tahiti Tourisme United States.
NON-CONFIDENTIALITY
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 Tahiti Tourisme United States’ request for consent, you authorize use for Tahiti Tourisme United States and associated social media channels including, but not limited to, Facebook, Twitter, Instagram and Pinterest. Furthermore, by replying to Tahiti Tourisme United States’s request for consent, you authorize Tahiti Tourisme United States to use and share your Content in other marketing materials or advertising, both digital and printed, such as magazines, videos, or billboards.
TAHITI TOURISME UNITED STATES’ 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 Tahiti Tourisme United States 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 Tahiti Tourisme United States or their affiliate agents deem appropriate.
You agree that you are solely responsible for your Content. Tahiti Tourisme United States 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. Tahiti Tourisme United States is not responsible for any loss, theft, misuse or damage of any kind to your Content.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tahiti Tourisme United States 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. Tahiti Tourisme United States 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 Tahiti Tourisme United States defense of such claims.
TAKEDOWN
Should you want your content removed from our social channels, you will need to send a message to [email protected] and include a link to your original content and the location on our social channel(s) where your content should be removed. Once Tahiti Tourisme United States acknowledges receipt of your email request, please allow 30 days for any action to take place.
GENERAL
These Terms and Conditions and the Privacy Statement together with any additional terms to which you agree when using elements of the Website(s) constitute the entire and exclusive agreement between you and Tahiti Tourisme United States.
GOVERNING LAW
These terms shall be governed by the laws of the state of California. Should any and all legal disputes connected with the Content arise, resolution will take place in accordance with the laws of the state of California.
