Enchanted Parks User-Generated Content Terms and Conditions
These User-Generated Content Terms and Conditions (“Terms” or “Agreement”) govern the submission, licensing, and use of user-generated content by IAM NJ WP, LLC, IAM Water Safari, LLC, IAM OF Camping, LLC, Edge, LLC, IAM Calypso Cove, LLC, Valleyfair LLC, Worlds of Fun LLC, Six Flags St. Louis LLC, Galveston Waterpark LLC, Michigan’s Adventure Park LLC, EP OpCo VF, LLC, Great Escape Park Holdings, LLC, Diggerland, Great Escape, L.P., Great Escape Theme Park, L.P., Great Escape Rides, L.P., HWP Development, LLC and their subsidiary, parent, affiliated, related, successor and/or licensed entities, including without limitation all entities that (a) have any ownership interest in, (b) provide development and/or management services to, (c) license intellectual property content for, (d) provide any active guidance or consultation to, or (e) otherwise have any interest in any of Worlds of Fun, Oceans of Fun, Six Flags St. Louis, Schlitterbahn Galveston, Valleyfair, Superior Shores Waterpark, Michigan’s Adventure, Six Flags Great Escape, Diggerland, Enchanted Forest Water Safari, Calypso’s Cove, Great Escape Lodge, Old Forge Camping Resort, Water’s Edge Inn, Worlds of Fun Village, and/or any other resort, theme park, or themed retail or entertainment destination operating under the ‘Enchanted Parks’ name (all of the above referenced entities herein are collectively referred to as “Enchanted Parks”).
Enchanted Parks values the content created and shared by its guests, visitors, fans, and community members, and may wish to feature, reproduce, distribute, and otherwise use such content on its platforms, in its marketing materials, and across all media channels. These Terms set forth the conditions under which you (“User”) grant Enchanted Parks the right to use your content and likeness. You are reading this because Enchanted Parks has requested your permission to use your Content and/or Likeness on its Platforms.
By submitting Content (as defined below) or otherwise indicating your acceptance as described in Section 1, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. This Agreement constitutes a legal and binding agreement between you and Enchanted Parks. If you do not agree with these Terms, do not submit Content or indicate acceptance.
1. ACCEPTANCE AND CONSENT
You may indicate your acceptance of these Terms and grant of rights contained herein through either of the following mechanisms:
(a) Reply Consent. By replying to any communication from Enchanted Parks (including but not limited to direct messages, comments, posts, or other communications on any social media platform or digital medium), or by sending Content to the email address provided by Enchanted Parks in such communication, you thereby indicate your acceptance of these Terms and consent to the grant of rights described herein.
(b) Submission Consent. By submitting Content through Enchanted Parks’ website, landing page, upload portal, content submission form, or any other designated submission method (each, a “Submission Portal”), you thereby indicate your acceptance of these Terms and consent to the grant of rights described herein.
Either action described in subsection (a) or (b) above constitutes your binding acceptance of these Terms in their entirety, effective as of the date of such action. Your acceptance is irrevocable and may not be withdrawn, rescinded, or revoked once granted. You acknowledge that these Terms are supported by good and valuable consideration, including the mutual promises contained herein, the promotional consideration and exposure that may derive from the Licensed Parties’ publication and use of your Content and Likeness, and Enchanted Parks’ willingness to consider your Content for use on the Platforms. You further acknowledge that Enchanted Parks will rely upon your acceptance and may incur costs and expend resources in connection with the use of your Content and Likeness.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REPLY TO OUR COMMUNICATION(S) OR SEND US ANY CONTENT.
2. DEFINITIONS
For purposes of these Terms, the following definitions shall apply: “Content” means and includes, without limitation, all photographs, videos, images, illustrations, graphics, animations, audio recordings, audiovisual works, creative works, captions, phrases, taglines, hashtags, social media handles, usernames, URLs, comments, reviews, testimonials, stories, and any and all other content, materials, or works of authorship, in any format or medium, whether now known or hereafter developed, that you create, post, upload, submit, share, or otherwise make available, and which relates to, depicts, references, or is associated with Enchanted Parks, its properties, attractions, experiences, events, products, services, or brand.
“Likeness” means and includes your legal name, any aliases, nicknames, stage names, or usernames, your image, photograph, silhouette, shadow, appearance (whether actual, simulated, or digitally altered), likeness, portrait, actions, gestures, movements, performance, voice (with the right to dub, alter, or simulate), biographical information, personal characteristics, and any other indicia of identity, whether appearing in or used in connection with Content or otherwise.
“Platforms” means and includes, without limitation, Enchanted Parks’ social media pages, accounts, and profiles, websites, microsites, landing pages, mobile applications, in-park screens, digital signage, displays, and installations, email communications and newsletters, paid and organic digital advertising, out-of-home advertising, print materials, broadcast media, marketing and advertising materials, point-of-sale and promotional materials, merchandise, and any and all other media, channels, formats, or platforms, whether now existing or hereafter known or developed.
“Licensed Parties” means and includes Enchanted Parks (as defined in the Introduction) and all of its related companies, parent entities, subsidiaries, affiliated entities, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, third-party service providers, marketing and advertising agencies, media partners, retail partners, and any other parties authorized by Enchanted Parks to exercise any rights granted hereunder.
3. GRANT OF RIGHTS
By indicating your acceptance pursuant to Section 1, you hereby grant to the Licensed Parties a worldwide, perpetual, irrevocable, unrestricted, unconditional, unlimited, royalty-free, fully-paid, nonexclusive, transferable, sublicensable (through multiple tiers of sublicensees), and freely assignable right and license to use, display, exhibit, publish, reproduce, duplicate, copy, distribute, transmit, broadcast, stream, perform (publicly or otherwise), modify, adapt, translate, incorporate into larger or collective works, create derivative works from, combine with other materials (including but not limited to text, data, images, photographs, illustrations, animations, videos, audio, music, and other content), alter, edit, revise, crop, excerpt, abridge, condense, expand, reformat, rearrange, resize, recolor, blur, distort, superimpose, watermark, annotate, overlay, change, add to, delete from, or otherwise manipulate, transform, or exploit the Content and Likeness, in whole or in part, in any manner whatsoever, in the Licensed Parties’ sole and absolute discretion, on the Platforms and in any and all media, formats, channels, and technologies now existing or hereafter known, invented, or developed, throughout the universe, in perpetuity, without any obligation of attribution, credit, notice, accounting, compensation, or approval, and without the need for any further consent, permission, or authorization from you or any third party.
Enchanted Parks shall have no obligation to use, publish, display, or otherwise exploit your Content or Likeness, and may, in its sole and absolute discretion, elect not to use, or to remove, delete, or cease using, any or all Content or Likeness at any time, for any reason or no reason, without notice or liability to you. You hereby irrevocably waive any and all rights to inspect, review, or approve any editorial text, copy, materials, advertisements, or other content used in connection with your Content or Likeness, and acknowledge that the Licensed Parties shall have sole and absolute editorial discretion over the manner, context, and presentation of Content and Likeness. You acknowledge and agree that you have no right to terminate, rescind, revoke, or withdraw the grant of rights set forth herein, and that you shall not seek to enjoin, restrain, or otherwise interfere with the Licensed Parties’ use of your Content or Likeness. You acknowledge that any attempt to terminate, rescind, or revoke these rights would cause irreparable harm to the Licensed Parties for which monetary damages would be an inadequate remedy.
4. REPRESENTATIONS AND WARRANTIES
By indicating your acceptance of these Terms and submitting Content, you represent and warrant that:
(i) You are the sole author, creator, and owner of the Content, or you appear in the Content and own all rights therein, or you have obtained all necessary permissions, consents, releases, and authorizations from all persons appearing in, contributing to, or having any rights in the Content, sufficient to grant the rights and licenses set forth in these Terms;
(ii) You are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, and all other persons appearing in or contributing to the Content are either (A) at least eighteen (18) years of age or the age of majority in their respective jurisdictions, whichever is greater, or (B) minors for whom you are the parent or legal guardian with full legal authority to grant the rights and consents set forth in these Terms on their behalf;
(iii) The use, reproduction, distribution, display, and other exploitation of the Content and Likeness by the Licensed Parties as contemplated herein will not infringe, misappropriate, or otherwise violate any rights of any third party, including without limitation any copyright, trademark, service mark, patent, trade secret, trade dress, right of privacy, right of publicity, moral right, droit moral, attribution right, integrity right, or any other intellectual property, proprietary, contractual, or personal right of any person or entity;
(iv) The Content is not and does not contain any material that is libelous, defamatory, slanderous, obscene, pornographic, sexually explicit, indecent, lewd, abusive, threatening, harassing, hateful, discriminatory, unlawful, illegal, fraudulent, deceptive, violent, offensive, or that depicts unsafe behavior, dangerous activities, illegal conduct, or conduct that could encourage or incite harm to any person or property;
(v) The Content does not contain or constitute any false, misleading, unsubstantiated, or deceptive claims, representations, or endorsements regarding Enchanted Parks, its
properties, attractions, services, products, personnel, operations, or business practices;
(vi) You are not a party to any agreement, contract, obligation, or arrangement that would prevent, restrict, or otherwise interfere with your ability to grant the rights and licenses set forth herein, and the grant of such rights does not violate any applicable law, regulation, rule, order, or decree;
(vii) The Content is suitable for a family-friendly audience of all ages, consistent with Enchanted Parks’ brand identity as a family entertainment destination;
(viii) The Content does not depict, portray, encourage, or glorify unsafe behavior, violation of park rules, trespassing in restricted areas, tampering with rides or attractions, unauthorized access to backstage or operational areas, emergency incidents, or any conduct that could endanger the health or safety of any person; and
(ix) The Content does not contain political statements, partisan messaging, or divisive commentary that could be associated with or attributed to Enchanted Parks. Enchanted Parks reserves the sole and absolute right to determine, in its discretion, whether any Content complies with the foregoing standards and to reject, remove, or decline to use any Content that it determines does not meet these standards.
5. COMPENSATION
You acknowledge and agree that you shall receive no monetary compensation, payment, fee, royalty, or other remuneration of any kind in connection with the submission of Content, the grant of rights hereunder, or the Licensed Parties’ use of your Content or Likeness. Good and valuable consideration for the rights granted herein includes the promotional consideration and exposure that may derive from the Licensed Parties’ publication and use of your Content and Likeness on the Platforms, the mutual promises and covenants exchanged herein, and Enchanted Parks’ agreement to consider your Content for potential use, which consideration you acknowledge is sufficient to support this Agreement and the irrevocable nature of the rights granted herein. The Licensed Parties’ exercise of the rights granted herein shall not give rise to any obligation of compensation, accounting, or revenue-sharing. Any personal information shared in connection with the submission of Content or your acceptance of these Terms may be used, stored, processed, and shared in accordance with Enchanted Parks’ Privacy Policy.
6. WAIVER, RELEASE, AND DISCHARGE
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE, RELEASE, AND FOREVER DISCHARGE THE LICENSED PARTIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, JUDGMENTS, LIABILITIES, OBLIGATIONS, DAMAGES (INCLUDING WITHOUT LIMITATION COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES), LOSSES, COSTS, EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND COSTS OF LITIGATION), LIENS, LEVIES, PENALTIES, FINES, FEES, ROYALTIES, COMPENSATION, AND ANY AND ALL OTHER AMOUNTS OR REMEDIES, WHETHER AT LAW, IN EQUITY, OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, LIQUIDATED OR UNLIQUIDATED, CONTINGENT OR VESTED, MATURED OR UNMATURED, THAT YOU NOW HAVE, HAVE EVER HAD, OR MAY HEREAFTER HAVE AGAINST ANY OF THE RELEASED PARTIES, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE CONTENT, THE LIKENESS, THE LICENSED PARTIES’ USE OR EXPLOITATION THEREOF, THESE TERMS, OR ANY ACTS OR OMISSIONS OF THE RELEASED PARTIES IN CONNECTION THEREWITH, INCLUDING WITHOUT LIMITATION ANY AND ALL CLAIMS FOR DEFAMATION, LIBEL, SLANDER, FALSE LIGHT, INVASION OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, MISAPPROPRIATION OF LIKENESS, INFLICTION OF EMOTIONAL DISTRESS, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, UNFAIR COMPETITION, BREACH OF CONTRACT, BREACH OF CONFIDENCE, NEGLIGENCE, PERSONAL INJURY, BODILY HARM, DEATH, SICKNESS, DISEASE, PROPERTY DAMAGE, REPUTATIONAL DAMAGE, OR ANY OTHER CLAIM OR CAUSE OF ACTION OF ANY KIND OR NATURE WHATSOEVER, EVEN IF ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE RELEASED PARTIES.
YOU COVENANT AND AGREE THAT YOU SHALL NOT SUE, COMMENCE, MAINTAIN, OR PROSECUTE ANY ACTION, LAWSUIT, PROCEEDING, ARBITRATION, OR CLAIM AGAINST ANY OF THE RELEASED PARTIES WITH RESPECT TO ANY MATTER RELEASED HEREIN. YOU SPECIFICALLY ACKNOWLEDGE THAT YOU ARE RELEASING CLAIMS THAT MAY PRESENTLY EXIST, WHETHER KNOWN OR UNKNOWN, AS WELL AS CLAIMS THAT MAY ARISE IN THE FUTURE BASED ON ACTS, OMISSIONS, FACTS, OR CIRCUMSTANCES NOT PRESENTLY KNOWN TO YOU.
7. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Licensed Parties and each of their respective officers, directors, employees, agents, representatives, successors, and assigns from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of any representation, warranty, or obligation set forth in these Terms; (b) the Licensed Parties’ use of your Content or Likeness in accordance with these Terms; (c) any claim that your Content infringes or violates any third-party right; (d) any claim by a third party appearing in your Content alleging appropriate consents were not obtained; or (e) any other claim arising from your submission of Content or your acts or omissions in connection with these Terms. This indemnification obligation shall survive termination of these Terms.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSED PARTIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, LOSS OF OPPORTUNITY, DIMINUTION IN VALUE, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS, THE CONTENT, THE LIKENESS, OR THE LICENSED PARTIES’ USE OR EXPLOITATION THEREOF, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE), AND EVEN IF THE LICENSED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9. GENERAL PROVISIONS
Intellectual Property Ownership. You retain ownership of your original Content, subject to the perpetual, irrevocable, and non-exclusive license granted to the Licensed Parties under Section 3. Nothing in these Terms transfers ownership of your Content to Enchanted Parks, except to the extent of the rights expressly granted herein. You do not acquire any right, title, or interest in any intellectual property or other assets of Enchanted Parks or any Licensed Party.
Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, Florida, and you hereby irrevocably consent to personal jurisdiction therein and waive any objection to venue.
Severability. If any provision of these Terms is held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed, and the remaining provisions shall remain in full force and effect.
Entire Agreement. These Terms constitute the entire agreement between you and Enchanted Parks with respect to the subject matter hereof and supersede all prior agreements, understandings, and communications, whether oral or written.
Amendment. Enchanted Parks reserves the right to alter, amend, or replace these Terms at any time without advance notice. Amendments are effective upon posting. You are responsible for reviewing these Terms each time you grant permission for use of your Content or Likeness, and continued submission following any amendment constitutes acceptance of the amended Terms.
Assignment. These Terms are personal to you and may not be assigned or transferred without Enchanted Parks’ prior written consent. Enchanted Parks may freely assign its rights and obligations hereunder without your consent or notice.
Survival. All provisions of these Terms that by their nature should survive, including without limitation the grant of rights, representations and warranties, waiver and release, indemnification, limitation of liability, and governing law provisions, shall survive any termination, expiration, or cessation of these Terms.
