IF YOU DO NOT WANT US TO USE OR REPUBLISH YOUR POSTED TEXT, PHOTO, VIDEO OR OTHER MATERIALS (collectively "CONTENT") AS CONTEMPLATED BELOW, THEN PLEASE DON'T RESPOND TO OUR QUESTIONS/POSTS OR OTHERWISE POST CONTENT ON OR VIA OUR OFFICIAL BRAND PRESENCE ON SOCIAL MEDIA PLATFORMS. EXAMPLES OF OUR OFFICIAL BRAND PRESENCE ON SOCIAL MEDIA PLATFORMS INCLUDE THE TRAVEL + LEISURE
FACEBOOK PAGE, TRAVEL + LEISURE
PINTEREST PAGE AND THE FOOD & WINE
By posting or otherwise making available any Content, or otherwise responding to or communicating with us on or via our official brand presence on social media platforms/sites and branded hashtags (including, without limitation Facebook, Twitter, FourSquare, Tumblr, Foodspotting and Pinterest, collectively "Social Media Platforms") you represent and warrant that you are eighteen (18) years of age or older and that you agree to the following terms and conditions:
You irrevocably grant us, and our parent company, affiliates, licensees and assigns, a royalty-free, perpetual, non-exclusive, unrestricted right and license throughout the universe to copy, reproduce, modify, edit, adapt, translate, create derivative works of, publish, post, distribute, publicly perform, sublicense, or otherwise provide to others, your Content in any and all media, formats and channels (now in existence or hereinafter developed) for any purpose, including advertising and commercial purposes.
Important Note: we may also use any ideas, suggestions, developments, and/or other material embodied in your posted Content as we see fit without any compensation or attribution to you. We will, however, try to credit you as the author/source of the Content and you agree that we may identify you as the author/source of the Content by referring to your Social Media Platform handle or identifier as we see appropriate.
You represent and warrant that the Content does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark, rights of publicity and privacy.
Important Note: If any third-party content is included in your posted Content you must obtain permission from the content owner and attribute/credit such content to the owner.
Some other rules of the road:
- Don't post any Content that is disruptive, abusive, vulgar, profane, obscene, hateful, threatening, harassing, defamatory, or which discloses personally identifiable information or private or personal matters concerning any person;
- Don't post any Content that you don't have the right to post/transmit (and grant us the rights above) under applicable law or under contractual or fiduciary relationship;
- Don't impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You represent that all testimonials, endorsements and/or advertisements contained in your posted Content are truthful, accurate and represent your opinion and personal experience.
You agree to hold American Express Publishing Corporation (sometimes referred to herein as "us" or "our") and our parent company, affiliates, agents and licensees (collectively, "Indemnitees") harmless, and defend and indemnify the Indemnitees from any claim, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed which may arise out of or are in any way connected with your posted Content and/or your use of our official brand presence on Social Media Platforms.
These terms shall be governed by and construed in accordance with the laws of the State of New York without giving effect to principles of conflict of laws. In no event will we be liable hereunder for extraordinary, consequential, indirect or punitive damages, including lost profits.