U.S. Virgin Islands Department of Tourism User Generated Content (UGC) Terms and Conditions
By using hashtag #YesUSVI in response to a request from the U.S. Virgin Islands Department of Tourism (Visit USVI), you hereby grant VISIT USVI license rights to use your content as outlined in these terms and conditions.
Original Creators retain all ownership of their content and only grants limited rights to Licensee and subsidiaries or assigns as described in the content license terms outlined below and otherwise communicated (e.g. in a particular request).
For good and valuable consideration, the U.S. Virgin Islands Department of Tourism, its partners and subsidiaries (the “Licensee”) and Content Creator (the “Creator”) agree as follows:
Term
The term of this Agreement (the “Term”) shall commence upon the date of acceptance by Creator and shall continue until terminated by Licensee. Written request for termination may be submitted to [email protected].
Proprietary Rights
Creator upon acceptance of this agreement hereby grants Licensee a worldwide, non-exclusive, irrevocable, royalty-free, transferable license to reproduce, distribute, display and to create derivative works from the materials contained in the requested work (the “Post”). This includes, but is not limited to, purposes related to social media, websites, promotions and other advertising, marketing and communications business interests as the Licensee may determine.
Promotional Use
Creator grants to Licensee the right to use Creator’s user name, profile image, pseudonym and/or image in connection with authorized uses of the Post.
Credit, Attribution and Linking
Licensee may give Creator credit in connection with the use of the Post by identifying Creator in conjunction with the content of the Post as displayed. Licensee may also provide a link to the Post, to the extent available, on the source network (e.g. Instagram, Facebook, TikTok).
Warranties and Representations
Creator warrants and represents that the Posts are Creator’s original works, and do not now and will not violate any existing intellectual property rights, including, without limitation, copyright or trade secret or any contractual rights, and that they contain no matter which, if published, will be fraudulent, harassing, libelous, obscene, or a violation of any rights of publicly or privacy, or any law or regulation. Author will fully cooperate with Licensee in responding to and defending against any third-party claim related to the Post.
Indemnity
Each Party hereto shall indemnify, defend, and hold harmless the other Party, its editors, officers, employees and agents with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that it is based upon a claim that, if true, would constitute a breach of any of the indemnifying Party’s representations, warranties, or agreements hereunder.
Arbitration
YOU AGREE THAT DISPUTES BETWEEN YOU AND LICENSEE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASSWIDE ARBITRATION.
Entire Agreement
These Terms of and Conditions, shall constitute the entire agreement between you and Licensee regarding the Post content and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Licensee.
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