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Social Media Agreement

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU SEND THE HASHTAG #yesAOA TO THE AVENUE OF THE ARTS COSTA MESA, A TRIBUTE PORTFOLIO, OR TAG OR MENTION THE SOCIAL HANDLE @AVENUEOFTHEARTSHOTEL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.

  • You may be viewing this license agreement on a small screen. If so, here are some highlights of the License Agreement below (but please read the entire License Agreement).
  • You own the Content, which is defined in the License Agreement below. Nothing in this License Agreement changes that.
  • You are giving Avenue of the Arts Costa Mesa and Wincome Hospitality. (referred to collectively herein as “Avenue of the Arts Costa Mesa”) a license to use the Content on Avenue of the Arts Costa Mesa’s websites, apps, e-mail, and social media, including for promotional purposes.
  • You are also giving Avenue of the Arts Costa Mesa a license to use your name and image and other biographic material in conjunction with the Content.
  • You certify that you have all the rights from third parties for your Content and represent that nothing in the Content is inappropriate, defamatory or harmful to any third party.
  • You are releasing and indemnifying Avenue of the Arts Costa Mesa and related parties from any liability and you promise not to sue Avenue of the Arts Costa Mesa for its use of the Content as described.

License Agreement

  1. You represent and warrant that you are at least 18 years old.
  2. You represent and warrant that you (a) own and control all rights, title and interest in and to the Content you license or that you otherwise have all rights, permissions, and consents necessary to post and use such Content (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); (b) have all rights necessary to provide Avenue of the Arts Costa Mesa with the license and rights set forth in Section 3 below; and (c) have complied with all applicable laws and regulations associated with acquiring and/or producing the Content. For the purposes of this Agreement, “Content” means photographs, text, graphics, moving images, sound, illustrations and any other materials (including any associated metadata or location information) (collectively, “Content”). For purposes of clarification, Content also includes any profile information you allow Avenue of the Arts Costa Mesa to access from third party social media platforms (such as, but not limited to, Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.
  3. You hereby grant to Avenue of the Arts Costa Mesa and its affiliates, agents, representatives, licensees and assigns, a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, on Avenue of the Arts Costa Mesa’s social media accounts, on or in any digital platforms of Avenue of the Arts Costa Mesa (including websites, apps and e-mail), and on third-party websites and apps for any purpose, including for promotional and publicity purposes. For purposes of clarification and not limitation, (a) this license includes, and you expressly consent to, Avenue of the Arts Costa Mesa’s right to use and publicly display your name, image, likeness and persona; and (b) nothing in this license transfers your ownership of the Content to Avenue of the Arts Costa Mesa. Nothing in this license requires Avenue of the Arts Costa Mesa to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all. If you have set your social media accounts to “public,” anyone on the Internet may view and have access to your Content.
  4. Any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with Avenue of the Arts Costa Mesa or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at Avenue of the Arts Costa Mesa’s request.
  5. You understand that you will not be paid for Avenue of the Arts Costa Mesa’s use of your Content as described in this License Agreement. Each of us will bear our own expenses associated with this License Agreement.
  6. You agree to take any actions (including the execution of documents) reasonably requested by Avenue of the Arts Costa Mesa to effect, perfect or evidence the representations and/or licenses and rights set forth in this License Agreement.
  7. You agree that you will not submit Content that:
    – infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of another;
    – includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
    – displays describes or encourages the use of a product or service that could be offensive, inappropriate or harmful to Avenue of the Arts Costa Mesa or any other person or depicts the use of a product in a manner that is contrary to any instruction or warnings relating to the product;
    – impinges upon or violates the publicity, privacy or data protection rights of others; or
    – makes or includes false or misleading statements, claims or depictions about a person, company, product or service.

Without limiting the foregoing, you agree that in conjunction with the production of your Content, you have not inflicted emotional distress or abuse on other people, have not publicly humiliated other people, have not assaulted, stalked or threatened other people, have not entered onto private property without permission, have not impersonated any other person or misrepresented your affiliation, title, or authority, and have not otherwise engaged in any activity that may result in injury, death, property damage, and/or liability of any kind. Avenue of the Arts Costa Mesa may reject and/or remove any Content in which Avenue of the Arts Costa Mesa believes, in its sole discretion, that any such activities have occurred.

  1. If you object to Content displayed on the Avenue of the Arts Costa Mesa’s social media accounts or in any digital platforms of Avenue of the Arts Costa Mesa (including websites, apps and e-mail) and on third-party websites, you may contact us at marketing@avenueoftheartshotel.com and identify the post or Content that is objectionable. We will investigate your report and provide a prompt reply. We reserve the right to remove any posting on our digital platform at any time for any reason, including in response to objections received from any user.
  2. To the fullest extent allowed by law, you agree to release, discharge and indemnify Avenue of the Arts Costa Mesa and its lessor, partners, members, managers, officers, employees, contractors, sponsors and any person acting under Avenue of the Arts Costa Mesa’s permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. You further agree to waive any rights to injunctive relief you may have in connection with this License Agreement. Avenue of the Arts Costa Mesa shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Avenue of the Arts Costa Mesa social media accounts or in any digital platforms of Avenue of the Arts Costa Mesa (including websites, apps and e-mail) and on third-party websites, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other statutory, legal or equitable theory or for any other pecuniary loss, whether or not Avenue of the Arts Costa Mesa has been advised of the possibility of such damages. Under no circumstances shall Avenue of the Arts Costa Mesa be liable to you for any amount.
  3. This is the entire agreement between you and Avenue of the Arts Costa Mesa in relation to the Content you’re licensing. If a court finds any provision of this License Agreement to be unreasonable or unenforceable in any respect, you agree that this License Agreement will nonetheless be enforced to the maximum extent to which it is found by the court to be legally enforceable.
  4. This License Agreement will be governed by applicable federal law and the laws of the State of California, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Avenue of the Arts Costa Mesa’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).