Legal Documents

User Generated Content Terms of Use

Holiday Inn Club Vacations reaches out to social media users to seek their permission to feature our favorite content on our various websites, social channels, and promotional materials. You are likely reading this because Holiday Inn Club Vacations has requested to use social content that you posted. You must be at least 18 years old to participate in this activity.

Please review these User Generated Content Terms of Use and our Privacy Policy. By agreeing to these terms, you are submitting User Generated Content (as defined below) to Holiday Inn Club Vacations and any of its affiliated entities and resorts (collectively, “Holiday Inn Club Vacations,” “we,” “our,” or “us”) and you agree to the following Terms of Use regarding User Generated Content.

User Generated Content refers to the photo(s), caption and comments, video or other content you posted on Facebook, Twitter, Instagram, Pinterest or other platforms ("Social Media") described in the message we sent referring you to these User Generated Content Terms of Use. If your User Generated Content is selected by Holiday Inn Club Vacations, it may be displayed or appear on Holiday Inn Club Vacations social media channels, websites, or in other marketing, advertising, or promotions together with your name and other identifying information provided, including, any social media identifier, handle, byline, geographic location or profile picture.

You grant us a non-exclusive, global, unlimited, and royalty-free perpetual right and license to use your User Generated Content in connection with our advertising, publicity, promotional and marketing activities, including, those directed to the public and existing and prospective customers on this and other social media channels, websites, newsletters, and emails or other media formats and channels now known or hereafter created and without the requirement of permission from or payment to you or any other person or entity. You agree that we may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the User Generated Content and include it into other works, for any business related purposes, including, promotional and marketing purposes. You also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the User Generated Content. You agree that we have no obligation to use your User Generated Content or your name or other identifying information.

You will retain ownership of all User Generated Content and you may continue to use it for your own purposes. Other than your name or handle, and other information that you elect to provide to Holiday Inn Club Vacations, we will not collect personal information from you. Holiday Inn Club Vacations will maintain the confidentiality of any personal information that you provide, in accordance with our company’s Privacy Policy. The royalty-free nature of our license to your User Generated Content means that we do not owe you any compensation or fees in connection with our use or in connection with any revenue or business advantage that we might enjoy as a result of such use. The license provides us with the right to utilize your User Generated Content anywhere in the world. The perpetual nature of the license means that it does not expire. Nothing in this agreement shall be deemed to create an agency, partnership, joint venture, or employer/employee relationship of any kind between Holiday Inn Club Vacations and you.

You represent to Holiday Inn Club Vacations that:

  • You are at least eighteen (18) years old and a U.S. citizen;
  • You own all rights to your User Generated Content or, alternatively, you have the right to grant Holiday Inn Club Vacations the rights and license described above;
  • You have paid and will pay in full any fees or other payments that may be related to the production or use of your User Generated Content;
  • You have permission from any person(s) appearing in the User Generated Content to provide us with the rights to use the photo, video or other form of User Generated Content as described in these User Generated Content Terms of Use;
  • Your User Generated Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party;
  • Your User Generated Content does not facilitate, reference, or use material that is unlawful, fraudulent, inappropriate, indecent, tortious, or defamatory;
  • Your User Generated Content does not include any personally identifiable information of any person, such as full name, address, or telephone number; and
  • Your User Generated Content does not in any way contain any logos, brand names or trademarks other than Holiday Inn Club Vacations which Holiday Inn Club Vacations has granted you a limited license to use for purposes of User Generated Content.

You acknowledge that Holiday Inn Club Vacations has reasonably relied on the above representations and that you shall be liable for and shall indemnify us and our affiliated entities and each of their respective employees and officers against any and all claims, actions, liabilities, losses, damages, expenses (including reasonable legal expenses) incurred by us which arise directly or indirectly from a breach by you of your obligations, representations or warranties under these User Generated Content Terms of Use.

You have the right to request that we cease all further use of your User Generated Content by notifying us at SocialMedia@HolidayInnClub.com and providing the following information: First and Last Name, Email Address, Content Origin, Social Media Platform, User Handle and Media Content Description. Holiday Inn Club Vacations will take commercially reasonable, good faith steps to cease further use of specifically identified User Generated Content within five (5) business days from the date of the request. However, Holiday Inn Club Vacations may not be able to eliminate uses of your User Generated Content that are in the process of production or distribution, and not all User Generated Content is capable of being completely or permanently removed. We may remove User Generated Content from any use or material for any reason and at any time, without notice. Holiday Inn Club Vacations will not be responsible for any other parties’ use of your User Generated Content, even if such third party use originated with or is derived from our use.

These User Generated Content Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent. We may assign our rights and obligations under these User Generated Content Terms of Use to any other person, in whole or in part, without consent.

These User Generated Content Terms of Use contain all the terms agreed between us regarding the User Generated Content and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

These User Generated Content Terms of Use shall for all purposes be governed by and construed in accordance with the law of the State of Florida, without giving effect to any conflict of laws provisions. Venue for any and all actions in the appropriate court located in Orange County, Florida, USA, and by agreeing to these User Generated Content Terms of Use, you consent and submit to jurisdiction of such state or federal courts as applicable.