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User Generated Content Terms of Use

 

You’re probably reading this because Vistana Signature Experiences, Inc. ("Vistana") has requested your permission to feature content that you posted. You must be at least eighteen (18) years old to participate in this activity.

We reach out to Owners and Guests to seek their permission to feature our favorite content on this and our other social media channels, websites, newsletters, emails and more. Please take this opportunity to review these User Generated Content Terms of Use and our Privacy Policy.

Thank you for considering our request. By responding with the provided hashtag, we and you are agreeing to the following:

You will retain ownership of all comments, photos, videos and other digital materials (referred to as "User Content") that you post and permit us to use.

You grant Vistana Signature Experiences, Inc. and its affiliates (collectively, "VSE"), a non-exclusive, worldwide, royalty-free, perpetual right and license to reproduce, edit, reformat, publish, broadcast, distribute and otherwise utilize your User Content in connection with VSE’s advertising, publicity, promotional and marketing activities including, but not limited to, those directed to the public and existing and prospective customers on this and other social media channels, websites, newsletters and emails. VSE’s utilization of your User Content may be viewed by you and others. We may elect to display or utilize your handle, your byline or associated geographic or location information when we utilize your User Content.

The nonexclusive nature of our license to your User Content means that you may continue to use the User Content for your own purposes and let others use your User Content. Other than your name or handle and other information that you elect to provide to VSE, VSE will not collect personal information from you. VSE will maintain the confidentiality of any personal information that you provide, in accordance with our company’s Privacy Policy. The royalty-free nature of our license to your User Content means that we do not owe you any compensation or fees in connection with our use of your User Content or in connection with any revenue or business advantage that we might enjoy as a result of such use. The license provides us with the right to utilize your User Content anywhere in the world. Finally, the perpetual nature of the license means that it does not expire.

You will have the right to request that we cease all further use of your User Content, which you may request by notifying us at [email protected] and providing the following information: first name, last name, email address, content origin, social platform and user handle and media content description. VSE will take commercially reasonable, good-faith steps to cease further use by VSE of specifically identified User Content within five (5) business days thereafter. However, VSE may not be able to eliminate uses of your User Content that are in the process of production or distribution, and not all User Content is capable of being completely or permanently removed. We may remove User Content from any use or material for any reason and at any time, without notice. Lastly, VSE shall not be responsible for any other parties’ use of your User Content, even if such third-party use originated with or is derived from our use.

You represent to VSE that:

  • You are at least eighteen (18) years old;
  • you are not an employee or immediate family member of an employee of VSE;
  • you own all rights to your User Content or, alternatively, you have the right to grant VSE the rights and license described above;
  • you have paid and will pay in full any fees or other payments that may be related to the production or use of your User Content;
  • each individual whose image or likeness is captured in your User Content has granted you the right to use his or her image or likeness for the purposes set forth in these User Generated Content Terms of Use, or you otherwise hold the right to make such use of his or her image or likeness on the basis of your legal relationship with each such individual, including, but not limited to, your status as the individual’s parent or legal guardian; and
  • your User Content does not infringe the intellectual property rights, privacy rights, publicity rights or other legal rights of any third party, and does not contain any offensive, unlawful or obscene material.

You acknowledge that VSE has reasonably relied on the above representations and that you shall be responsible for and indemnify VSE against any claims and liabilities that may result from the inaccuracy of these representations or from the content of your User Content.

These User Generated Content Terms of Use shall for all purposes be governed by and construed in accordance with the law of the United States without regard to any conflict of laws provisions, and any dispute relating thereto shall be subject to the nonexclusive jurisdiction of the courts of the United States.

These User Generated Content Terms of Use were most recently updated on June 1, 2019. Please refer back to these User Generated Content Terms of Use in order to review the most current version each time that you grant us permission to use your User Content.

Thank you!