USER-GENERATED CONTENT TERMS AND CONDITIONS
Last updated on March _21_, 2017. To view previous versions of the Terms and Conditions click here.
THESE USER-GENERATED TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE RELATIONSHIP BETWEEN YOU AND ATL AIRPORT DISTRICT DESTINATION MARKETING ORGANIZATION, INC. (“AAD”) AND GEORGIA INTERNATIONAL CONVENTION CENTER (“GICC”), RELATING TO YOUR PROVIDING OF CONTENT FOR USE ON AAD AND GICC ON THEIR RESPECTIVE WEBSITES AND SOCIAL MEDIA ACCOUNTS.
Participant Agreement and License. By replying affirmatively (with the hashtag #yesATLDistrict) to AAD’s request to allow AAD’s or GICC’s use of your Content (defined below) on its websites (www.atldistrict.com and www.gicc.com, respectively) and social media sites, including, but not limited to, Facebook, Instagram and Twitter, through Chute (a content aggregation tool), you agree to these Terms and Conditions. AAD and GICC also agree to abide by these Terms and Conditions. AAD and GICC each may terminate the use of your Content at any time in its sole discretion, as well as its websites and social media accounts. For purposes of these Terms and Conditions, “Content” means text, images, photos, audio or video, as applicable.
You grant AAD and GICC a perpetual, transferable, non-exclusive, worldwide license to: (i) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or works, manipulate, 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 (ii) use (and permit others to use) your Content in any manner and for any purpose, including and without limitations: marketing, advertising, commercial or promotional purposes that AAD or GICC deem appropriate.
You agree that you are solely responsible for your Content.
AAD and GICC are not required to host, display, or distribute any Content on or through their websites, and they may remove Content at any time or refuse Content for any reason. AAD and GICC are not responsible for any loss, theft, misuse or damage of any kind to your Content, whether or not caused by the negligence of either of them.
In addition, AAD and GICC reserve the right to take any action they deem necessary in their sole discretion with respect to any aspect of their use of your Content to: (i) satisfy any applicable law, rule, regulation, legal process or governmental request; (ii) enforce these Terms of Conditions, including without limitation, investigating any potential violations of these Terms and Conditions; (iii) detect, prevent, or otherwise address fraud, security or technical issues; or (iv) protect the rights, property or safety of AAD and GICC, their users and the public.
Eligibility. In order to be eligible to share your Content with AAD and GICC through Chute, you must be eighteen (18) years of age or older and have the legal right to enter into this agreement and to grant any and all rights to your Content. AAD and GICC may change their eligibility criteria at any time and for any reason.
Representations and Warranties. You hereby represent and warrant to AAD and GICC 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 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 AAD and GICC as described in these Terms and Conditions
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 AAD and GICC and their designees
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 the AAD or GICC 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 Acknowledgment Regarding Lack of Confidentiality and Privacy. You understand and agree that your Content will be publically displayed and it will not be treated in confidence. In fact, many people from around the world will be able to view your Content you agree to assume all risks associated with the public display and sharing of your Content, including anyone's reliance on it for any purpose, or any disclosure by you of information in your Content that makes you or others personally identifiable.
Disclaimer of Warranties; Limitation of Liability. The following two paragraphs only apply to the maximum extent permitted under applicable law. Nothing in the following two paragraphs is intended to limit any rights you may have which may not be lawfully limited.
AAD’S AND GICC’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH ALLOWING FOR THE USE OF YOUR CONTENT OR THESE TERMS AND CONDITIONS IS LIMITED TO $250.00.
IN NO EVENT SHALL AAD OR GICC BE LIABLE TO YOU FOR (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES; (ii) LOSS OF REVENUE OR ACTUAL OR ANTICIPATED PROFITS; (iii) BUSINESS INTERRUPTION; (iv) REPUTATIONAL HARM; OR (v) LOSS OF INFORMATION, DATA OR GOODWILL, EVEN IF GIVEN ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification. You agree to indemnify, defend, and hold harmless AAD, GICC, and their respective parents, subsidiaries, affiliates, officers, directors, employees and agents from and against all losses, costs, actions, claims, damages, expenses (including attorneys’ fees actually incurred) that arise out of or relate to (i) your violation of these Terms and Conditions, or (ii) the infringement by you of any intellectual property or other right of any person or entity. AAD and GICC reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify AAD and GICC and you agree to cooperate with AAD’s and GICC’s defense of these claims. You agree not to settle any matter that involves AAD or GICC without the prior written consent of AAD or GICC, as applicable. AAD and GICC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Modifications to These Terms and Conditions. AAD and GICC may, in their sole discretion, change these Terms and Conditions at any time. Any such changes will be posted on atldistrict.com/chute-terms-and-conditions along with the new effective date.
Removal of Your Content. Should you want your Content removed from any AAD or GICC website or social media account, you will need to send a message to the following: firstname.lastname@example.org. AAD or GICC or both will remove your Content as within thirty (30) days of their acknowledgment of your request.
Linking, Crawling and Archiving. If you would like to link to the website of AAD or GICC you must comply with the following guidelines:
you must not incorporate any Content from those websites into your site or social media channels by in-lining, framing or creating other browser or border environments around the Content. You may only link to, not replicate, the Content from the AAD or GICC websites
you may not use any AAD or GICC trademarks, logos, designs or service marks in your links
you may not create the appearance of a relationship or affiliation with AAD or GICC
your site or social media channels may not contain offensive, distasteful, illegal or inappropriate Content
If you would like to use a web crawler or other search tool to gather information from the AAD or GICC Website you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.
Tampering. Any attempt by you to deliberately damage any AAD or GICC website or social media account, tamper with the aggregation process or otherwise undermine the legitimate operation of the program maybe be a violation of criminal and civil laws. Should any such attempt be made by you, the AAD and GICC reserve the right to pursue all remedies to the fullest extent permitted by law.
Choice of Law. These Terms and Conditions, as well as any claim, cause of action or dispute that might arise between you and AAD or GICC shall be governed by and construed in accordance with the laws of: (i) the State of Georgia, without regard to its principles of conflicts of laws; and (ii) the United States of America.
Disputes. For all purposes of these Terms and Conditions, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Fulton County, Georgia.
You and AAC and GICC agree that any cause of action arising out of or related to these Terms and Conditions must commence within one (1) year after the cause of action arose. If any cause of action is not brought within this one (1) year period, then the cause of action will be permanently barred.
A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If AAD or GICC take any action to enforce these Terms and Conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and the costs of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
Miscellaneous. These Terms and Conditions contain the entire agreement between you and AAD and GICC regarding AAD’s and GICC’s use of your Content, and supersede any prior agreement between you and AAD or GICC relating to its subject matter.
Any failure by you or AAD or GICC to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect and enforceable.
You may not assign or transfer in any way any of your rights or obligations under these Terms and Conditions without AAD’s and GICC’s prior written consent. AAD and GICC may assign or transfer in any way its rights and obligations under these Terms and Conditions without restriction.
Unless otherwise specified in these Term and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
AAD and GICC reserve all rights not expressly granted to you under these Terms and Conditions.