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User Generated Content Terms of Use

User Generated Content Terms of Use (“Terms of Use”)
These Terms of Use govern the user generated content sharing service offered by Lake Nona Property Holdings, LLC, and/or its subsidiary, affiliated and related entities, including, without limitation Lake Nona Marketing, LLC and Sunbridge Marketing, LLC and their subsidiaries and affiliates (collectively, “LNPH”).
By submitting any content to LNPH, you represent and warrant that:

  • you are the sole author and owner of the intellectual property rights thereto;
  • all “moral rights” that you may have in such content have been voluntarily waived by you;
  • all content that you post is accurate;
  • you are at least 13 years old;
  • use of the content you supply does not violate these Terms of Use and will not cause injury or damages to any person or entity.
  • you have obtained any and all necessary permission, consent, and/or release from all persons appearing in your content to submit such person’s likeness in accordance with these terms
  • You further agree and warrant that you shall not submit, upload, post, transmit or distribute any content:
  • that is known by you to be false, inaccurate or misleading;
  • that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • that is, or may reasonably be considered to be, abusive, obscene, profane, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • for which you were compensated or granted any consideration by any third party;
  • that includes any information that references other websites, addresses, email addresses, passwords, contact information or phone numbers;
  • that contains any computer viruses, spyware, worms or other potentially damaging computer programs or files.

LNPH reserves the right, but has no obligation, to take any legally available action deemed appropriate, in its sole and absolute discretion, including, without limitation, editing, removing, deleting, taking down or otherwise erasing any user generated content at any time without notice for any reason whatsoever. However, LNPH shall not be obligated to take any action not required by law. LNPH shall not be responsible or liable for the conduct or content of any user. LNPH further reserves the right, but shall have no obligation, to monitor or become involved in disputes between you and other users. LNPH reserves the right in its sole and absolute discretion, to remove without notice, or refuse to post in the first instance, any user generated content. For any content that you submit, you expressly grant to LNPH a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You further agree that LNPH shall have the unrestricted right to use any ideas or information contained in any content that you submit, or materials or ideas similar to them, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You further release and waive any and all claims known or unknown against LNPH with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under the applicable governing laws of Florida or the United States.

Any content that you submit to LNPH may or may not be published or used by LNPH, in its sole and absolute discretion. LNPH reserves the right to edit, condense or delete any submitted content that is ultimately posted on LNPH’s website if LNPH deems, in its sole and absolute discretion, that such content violates these Terms of Use. LNPH does not guarantee that you will have any recourse through LNPH to edit or delete any content you have submitted. LNPH may also need to provide disclosures with respect to any content submitted and published by LNPH. LNPH reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not LNPH, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of LNPH, its agents, subsidiaries, affiliates, related entities, partners or third party service providers and their respective directors, officers and employees.

LNPH MAKE NO EXPRESS OR IMPLIED WARRANTIES ABOUT THE PHOTO OR VIDEO SUBMISSION PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PHOTO AND VIDEO SUBMISSION PROCESS IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND LNPH DOES NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS.

Under no circumstances shall LNPH and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or inability to use, the photo and video submission process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the photo and video submission process, or any related website, even if LNPH has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.

You shall indemnify and hold LNPH (and their respective officers, directors, agents, subsidiaries, affiliates, related entities, joint ventures, employees and third-party service providers), harmless from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, present of in the future, including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

These Terms of Use and their enforcement shall be governed by the laws of the Florida, excluding its conflict of laws provisions. You agree to submit to jurisdiction in Florida and further agree that any cause of action arising under these Terms of Use may be brought in a court in Orlando, Orange County, Florida, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use.