SOCIAL MEDIA AGREEMENT

Date of Last Revision: June 24, 2022

Thanks for your interest in sharing your photo(s). Please review the submission terms below. If you agree, please return to your social media account and reply to the Visit NC Smokies (@visitncsmokies) comment with hashtag yesHAYNOW (#yesHAYNOW).

Submission Terms

By posting “Content” (as defined below) on a website or other digital media channel governed by these Submission Terms, or by sending an #yesHAYNOW response or otherwise conveying your agreement to these Submission Terms, you hereby confirm that the submission of your Content is governed by these Submission Terms.

• You continue to own the content that you submit.
• But you are giving Visit NC Smokies (Haywood County Tourism Development Authority) and certain related parties, including the town of Waynesville, NC, the town of Maggie Valley, NC, and/or the town of Canton, NC, a license to use the Content.
• More specifically, you hereby grant Visit NC Smokies, subsidiary and affiliated entities, and each of their respective agents, licensees, successors and assigns the royalty-free, gratis right, but not the obligation, to reproduce, film, record, publish, publicly display, change, modify, adapt, create derivative works from and otherwise use (and grant others right to use) the Content, in whole or in part, in any and all languages and in any and all media, now known and hereafter devised, including without limitation on Visit NC Smokies’ websites, e-mail, Visitors Guide, and social media channels (including @visitncsmokies, @experiencewaynesville, @visitmaggievalleync, and/or @experiencecantonnc), for any purpose, including advertising, marketing, and promotional purposes, throughout the universe, in perpetuity, without attribution to you or with attribution to you using your name, likeness or other personal characteristics (your “Likeness”).  As used herein, the term “Content” shall mean any photograph or video footage or other content you submit to Visit NC Smokies along with your Likeness, the name, likeness, or other personal characteristics of any other person who appears in the photograph or video footage or content, and other information associated with the photograph or video footage or content (e.g., location and metadata).
• You represent that you are the owner of the Content, and that you have the authority to grant the permission and rights granted herein, and that no one else’s permission is required to grant such rights. Do not reply #yesHAYNOW if additional authority or permission is required.
• You acknowledge that you have no right to approve Visit NC Smokies’ use of the Content and that Visit NC Smokies has been induced to proceed with its advertising, marketing, and promotional plans in reliance upon these Submission Terms.
• The rights granted in these Submission Terms are in addition to (not in lieu of) (x) the fair use rights Visit NC Smokies would have as a member of the general public if these Submission Terms were not in effect, (y) the usage rights contemplated in Section 7 of Visit NC Smokies’ online Terms of Service, located at https://visitncsmokies.com/terms-of-service/ which are incorporated into these Submission Terms by this reference, and (z) Visit NC Smokies’ online Privacy Policy, located at https://visitncsmokies.com/privacy-policy/, which applies to the submission of your Content. Without limiting the other applicable provisions in the Terms of Service and Privacy Policy, you agree not to submit Content that violates the standards set forth in Section 7 of the Terms of Use.  In the event of any conflict or inconsistency between these Submission Terms and the online Terms of Use, these Submission Terms will prevail, govern and control with respect to the Content.
• The relationship between you, on the one hand, and Visit NC Smokies and its officers, directors, and employees is not a confidential, fiduciary, or other special relationship. You hereby release Visit NC Smokies and any other person acting under Visit NC Smokies’ permission or authority from any claim of any kind or nature arising from the use of the Content including, without limitation, those based upon copyright, any rights of privacy, publicity, defamation, or any other personal or property right, and on behalf of yourself and your heirs, you agree that you shall not now or in the future assert or maintain any such claim against Visit NC Smokies.  In no event shall you have any right to seek or obtain injunctive or other equitable relief with respect to Visit NC Smokies’ use of the Content or exploitation of the rights granted herein or to in any way enjoin the production, distribution, exhibition, or other exploitation of any production or other materials based on or allegedly based on the Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
• To the maximum extent possible, you hereby waive any and all rights you may have or claim to have under any law relating to “moral rights of authors” or any similar law, or as a result of any alleged violation of such rights. You agree not to institute any action on the ground that any changes, deletions, additions, or other uses of the Content violate such rights.
• You hereby agree to indemnify Visit NC Smokies against all any and all third party claims, liabilities, losses, damages, and expenses, including reasonable outside attorneys’ fees, arising out of any breach or allegation that, if true, would constitute a breach by you of these Submission Terms.
• You agree to sign and deliver documents and take any other actions reasonably requested by Visit NC Smokies to effectuate, perfect or evidence the license and rights granted to Visit NC Smokies in these Submission Terms.
• Other than the online Terms of Service and Privacy Policy, these Submission Terms are the complete and binding agreement between you and Visit NC Smokies, superseding all prior understandings and communications with respect to the Content. Visit NC Smokies may assign, transfer, license, delegate, and/or grant any or all of its rights hereunder to any person or entity without restriction.  These Submission Terms cannot be amended except by a written agreement signed by an authorized representative of Visit NC Smokies.  These Submission Terms shall be governed by and construed in accordance with the substantive laws of the State of North Carolina, without giving effect to any conflict or choice of law provisions that would result in applying the substantive law of any other jurisdiction.  Venue for any and all actions shall be in the state or federal courts located in Asheville, North Carolina, and you hereby consent to the personal jurisdiction of such courts and waive any objection that Asheville is an inconvenient forum. If any part of these Submission Terms is deemed to be invalid or unenforceable, then the balance of these Submission Terms shall remain in effect and shall be construed as if the invalid or unenforceable provision were not contained herein.
• You warrant that you are at least 18 years of age (or, if not, that you are at least 13 years of age and your parent or legal guardian knows you have submitted the Content and has also agreed to the foregoing).c