USER CONTENT LICENSE
These terms of use are entered into by and between you (“You” or “User”) and Scottsdale Convention and Visitors Bureau, Inc. dba Experience Scottsdale (the “Company” or “Experience Scottsdale”).
By responding with the hashtag #GoAheadScottsdale, accessing the website or services of Company, or otherwise providing consent, You hereby grant to Experience Scottsdale and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content (defined below) in any manner to be determined in the Licensed Parties’ sole discretion. “User Content” means any and all content, including but not limited to text, images, videos, audio, graphics, designs, logos, or any other material or works, that are created, uploaded, or submitted by the User to Experience Scottsdale through any platform.
The right to use Your User Content includes, but is not limited to, use 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 and disseminate, publish, and share, your username, legal 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.
REPRESENTATIONS AND WARRANTIES
You hereby agree, represent and warrant that:
- You are solely responsible for your User Content.
- 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.
- You are not a minor.
- 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.
- The User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive, or otherwise unlawful.
LIABILITY RELEASE AND INDEMNITY
You hereby release, discharge, and agree to hold the Licensed Parties and any person, company, or agent acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content. Under no circumstances shall the Licensed Parties be liable for any damages of any kind arising out of, in connection with, or relating to the use of Your User Content. You hereby represent to the Licensed Parties that any of Your User Content provided or disseminated hereunder shall not infringe on the intellectual property rights of any third party, and to the extent permitted by applicable law, You hereby agree to indemnify and hold harmless the Licensed Parties for, from, and against any claims of = infringement of Your User Content and any related damages and costs.
CONFIDENTIALITY AND PERSONAL INFORMATION
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 any form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies.
By providing your User Content, you consent to the Licensed Parties’ collection and use of any personal information you provide for purposes related to the use of your User Content as described herein. If you do not agree to this collection and use, please do not provide your User Content.
Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries for processing on behalf of the Licensed Parties. By submitting User Content, you agree to this collection, use, disclosure, and transfer of your information as outlined in the terms of this license.
CONTENT REMOVAL
The Licensed Parties reserve the right to remove any User Content from their platforms. If you believe any User Content displayed infringes on another’s rights, please contact us at visitorinformation@experiencescottsdale.com.
ADDITIONAL TERMS
Experience Scottsdale reserves the right to moderate content on its platforms. Comments or submissions deemed inappropriate, unrelated, or violating applicable laws may be removed. Repeat offenders may be restricted from future participation.
These terms apply to all User Content submitted to or displayed on the Licensed Parties’ platforms unless otherwise specified. You agree to comply with any additional guidelines or rules provided by the Licensed Parties.
Experience Scottsdale may revise and update this license from time to time in our sole discretion. All changes are effective immediately once posted.
CAN-SPAM ACT COMPLIANCE
You hereby represent and warrant that all commercial electronic mail communications sent by You in connection with this license shall comply with the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act of 2003 (15 U.S.C. § 7701 et seq.) and any other applicable laws. This includes, but is not limited to, ensuring that all emails contain accurate header information, a clear and conspicuous opt out mechanism, and truthful subject lines and content.
GDPR DATA
You hereby represent and warrant to the Licensed Parties that (i) You are not subject to the General Data Protection Regulation (“GDPR”) and that (ii) none of the data You provide as User Content is subject to the GDPR.
CCPA AND CPRA COMPLIANCE
You hereby represent and warrant to the Licensed Parties that Your User Content complies with the California Consumer Privacy Act of 2018 (“CCPA”) as amended by the California Consumer Privacy Act of 2020 (“CPRA”), as applicable.
INTELLECTUAL PROPERTY RIGHTS
By responding with the hashtag #GoAheadScottsdale or otherwise providing consent, you grant Experience Scottsdale and its affiliates, licensees and assigns a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, sublicensable right and license to use, reproduce, distribute, create derivative works of, and display your User Content in any manner or medium, whether now known or later developed, for any purpose, including advertising and promotional purposes.
Important Note: While we strive to credit the creator whenever possible, such credit cannot be guaranteed and may not always accompany the use of your User Content.
MISCELLANEOUS
These terms are personal to you and may not be assigned or transferred without prior written consent from Experience Scottsdale. If any provision of this license is deemed invalid, the remaining provisions will continue in effect.
Experience Scottsdale and the User acknowledge and agree that Experience Scottsdale’s Privacy Policy, as may be amended from time to time, is incorporated herein by reference. By agreeing to this license, User consents to be bound by the terms and conditions set forth in Experience Scottsdale’s Privacy Policy, which is available at https://www.experiencescottsdale.com/privacy-policy/
