THE MERIDIAN CLUB facilitates the collection and uploading to websites, social media sites, blogs and other digital properties of photos, text, graphics, audio, video, location information, comments and other materials from social media sites, including but not limited to Facebook, Twitter, Instagram, Tumblr, Flickr, YouTube and Vine that users have tagged or permitted others to tag with hashtags related to THE MERIDIAN CLUB or geo-location tags and/or that users or others acting on their behalf or with their permission upload directly with or without tags (hereinafter collectively “User Content”) for use byTHE MERIDIAN CLUB in connection with its business.
By responding “#YES,” I hereby irrevocably grant to THE MERIDIAN CLUB its agents, employees, legal representatives, and assigns, and those acting under its permission and upon its authority, or those for whomTHE MERIDIAN CLUB is acting, the absolute right and permission to (1) use my photo, video, tweet, post or other online or electronic content (“Content”), which I have posted on any social media platform; and (2) to edit, change or alter such Content, at THE MERIDIAN CLUB’s sole discretion.
I further grant THE MERIDIAN CLUB a license to use such Content, which I have posted on any social media platform for art, advertising, trade or any other lawful purpose whatsoever in any media throughout the world, in perpetuity. I hereby waive any right that I may have to inspect and/or approve the finished product or the advertising copy that may be used in connection therewith or the use to which it may be applied.
I acknowledge and understand that I will receive no compensation for my Content, which I have posted on any social media platform, or for the license granted above.
By responding “#YES,” I hereby release, discharge and agree to hold harmless THE MERIDIAN CLUB, its agents, employees, legal representatives or assigns, and all persons acting under its permission or upon its authority or for whom it is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in any processing tending towards the completion of the finished product.
By accepting these Terms, you hereby agree that every time you and/or someone else acting on your behalf or with your direct or implied permission upload(s), post(s), display(s) and/or otherwise use(s) your User Content on and/or in connection with any websites, social media websites or platforms, blogs, or other online forums or media, including but not limited to those listed above, regardless of whether you or others acting on your behalf or with your permission see or accept these Terms or any modifications thereof in the future, you hereby grant to THE MERIDIAN CLUB and their related companies (including all subsidiaries, affiliates and parents), and all of their respective agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners and any other third parties engaged by any of the foregoing, including but not limited to marketing or public relations agencies, and the employees, officers and directors of all of the foregoing (hereinafter collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content. You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies.
The Licensed Parties reserve the right to remove any User Content from the Site, and the hotel Properties and/or to discontinue the Services at any time, for any reason. If you believe any content infringes any person’s or entity’s copyright rights, please refer to our Copyright Policy below.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) summarized below.
If you believe that any content, including User Content or other material residing on or accessible through the Site or Services infringes a copyright, you may send a written notification of copyright infringement by regular mail (not e-mail) to the following “Designated Agent” for purposes of receiving notice under the DMCA relating to the Site and Services:
Attn: Tambourine Social Agent
2941 W. Cypress Creek Rd
Fort Lauderdale, FL 33309
To be effective, the written notification must include the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Tambourine to locate the material;
• Information reasonably sufficient to permit Tambourine to contact the complaining party, such as an address, telephone number and if available an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once proper infringement notification is received by the Designated Agent, it is Tambourine’s policy to: (a) remove or disable access to the infringing material; (b) notify the provider of the material or user that it has removed or disabled access to such material
LIMITATION OF LIABILITY
IN NO EVENT WILL THE LICENSED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CONTENT, BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE. YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES AND HEREBY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT UTILIZED BY THE MERIDIAN CLUB. IN ADDITION, THE LICENSED PARTIES SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR DEFECTS OCCURRING, OR AUTHENTICITY OF, INFORMATION PROVIDED, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE LICENSED PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold harmless the Licensed Parties from and against all claims and expenses (including attorneys’ fees) by you or any other person using an account of yours, and/or your posting or use of your User Content, and/or your breach of any of your foregoing representations and warranties.