Terms and Conditions
By submitting user generated content, you agree to be bound by all sections of the agreement below:
General
Missouri Travel Council may now or in the future offer visitors to the Website the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein. Missouri Travel Council may do this through forums, blogs, message boards, social networking environments, social communities, email, and other communications functionality.
Non-Confidentiality of Your User-Generated Content
Except as otherwise described in the Website’s posted Privacy Policy or any Additional Terms, you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary and will not be returned, and (b) Missouri Travel Council does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon Missouri Travel Council request, you will furnish us with any documentation necessary to substantiate these rights and verify your compliance with this User Agreement or any Additional Terms. You acknowledge that the Internet may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content.
License to VISIT FLORIDA of Your User-Generated Content
Except as otherwise described in any Additional Terms (such as a contest’s official rules), which will govern the submission of your User-Generated Content, you hereby grant to Missouri Travel Council, and you agree to grant to Missouri Travel Council, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. In order to further effect the rights and license that you grant to Missouri Travel Council to your User-Generated Content, you also hereby grant to Missouri Travel Council, and agree to grant to Missouri Travel Council, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights you have granted in Section 3, this Agreement, any additional terms on the Missouri Travel Council Privacy Policy by submitting user-generated content.
Missouri Travel’s Exclusive Right to Manage All User-Generated Content
Missouri Travel Council may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Missouri Travel Council may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party. Missouri Travel Council reserves the right to treat User-Generated Content on the Website as content stored at the direction of users for which Missouri Travel Council will not exercise control except to block or remove content that comes to Missouri Travel Council’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable to Missouri Travel Council, or to enforce the rights of third. Such User-Generated Content submitted by you or others need not, however, be maintained on the Website by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content.
Representations and Warranties Related to Your User-Generated Content
Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User Generated Content, or you have a lawful right to submit the User-Generated Content and grant Missouri Travel Council the rights to it that you are granting by this User Agreement and any Additional Terms, all without any Missouri Travel Council obligation to obtain consent of any third party and without creating any obligation or liability of Missouri Travel Council; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to Missouri Travel Council’s permitted uses and exploitation set forth in this User Agreement, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate this User Agreement (including the Rules) or any Additional Terms, or cause injury or harm to any person.
Enforcement
Missouri Travel Council has no obligation to monitor or enforce any intellectual property rights you might have to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at Missouri Travel Council’s cost and expense, to which you hereby consent and irrevocably appoint Missouri Travel Council as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
Contact Us
Missouri Travel Council, 1505 East Riverside Drive, Cape Girardeau, MO 63701-2219
phone: 573-803-3777
email: Info@MissouriTravel.com