User Generated Content
Atlanta Convention & Visitor’s Bureau Agreement For Use of User-Generated Content
This Agreement for Use of User-Generated Content (the “UGC Agreement”) describes the terms and conditions under which Atlanta Convention & Visitors Bureau (“ACVB”) may use certain content created and publicly posted by you the “User-Generated Content”), that is identified in ACVB’s communication to you via email, text message or the social media platform or website on which such User-Generated Content appears.
By replying “Y”, “#YES” or “YES” or clicking “I Accept” or “I Agree”, you agree to the terms and conditions of this UGC Agreement.
In consideration of the possible use of the User-Generated Content by ACVB and the promotional and other value that you may obtain from such use and ACVB’s reasonable efforts to provide attribution to you of such User-Generated Content, you hereby grant to ACVB a non-exclusive, perpetual, irrevocable, worldwide, royalty-free right and license to use, copy, display, edit, excerpt, modify, reproduce, publish, perform, stream, broadcast, archive, publicize, promote, use in compilations, and make derivative works from (and to authorize third parties to exercise such rights on behalf of ACVB) the User-Generated Content on any and all of ACVB’s websites, blogs, mobile sites and apps, emails and other ACVB-branded digital and social media sites, channels, and promotions whether now know or hereafter existing.
You agree that (i) the User-Generated Content was created by you or that you own or control all rights in such User-Generated Content; and (ii) the exercise by ACVB of its rights under this UGC Agreement will not violate the rights of any third party or any applicable laws or regulations.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL ACVB, ITS MEMBERS OR AFFILIATES (OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR OTHER AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE USER-GENERATED CONTENT OR THIS UGC AGREEMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.
Indemnity & Release
You agree to indemnify, defend and hold ACVB, its agents, suppliers, licensees, successors, or assigns, and/or its and their respective officers, directors, employees, contractors and agents (collectively, the “Indemnified Parties”) harmless from and against any and all damages, liability, claims, actions, demands and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of any breach by you of this UGC Agreement. You also hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with this UGC Agreement. If you are a California resident, you expressly waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Choice of Law and Venue
This UGC Agreement shall be governed by the laws of the State of Georgia, without regard to its conflict of law principles. Jurisdiction for any claims arising under this UGC Agreement shall lie exclusively with the state or federal courts in Atlanta, Georgia.
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