Wyndham Vacation Rentals North America, LLC (“WVRNA”) and RCI, LLC (“RCI”) often reach out to social media users to seek permission to display user content on our various websites, social media channels, marketing emails, and in other promotional materials. You are reading this because WVRNA and/or RCI have requested your permission to use your user content in this way.
2. Grant of Rights to User Content. You hereby grant to WVRNA and RCI and each of their parent companies, affiliates, and subsidiaries, and their respective successors and assigns (collectively, the “Wyndham Parties”) a worldwide, perpetual, royalty-free, non-exclusive, irrevocable, transferable, sublicensable license to use your User Content in whole or in part, in any manner to be determined in the Wyndham Parties’ sole discretion, including without limitation on webpages, social media platforms, in promotional emails and advertisements and for any other commercial and promotional purposes and in all media and formats whether now or later known or developed, without further notice, consideration, permission, credit or compensation. You agree that the Wyndham Parties may use, publish, display, reproduce, create derivative works from, exploit, combine with other materials, modify, alter, edit and/or touch-up your User Content in any manner in their sole discretion with no obligation to you whatsoever. You further agree that you have no approval rights over the use of your User Content and that you waive any and all so-called moral rights you may have in your User Content. You also grant the Wyndham Parties the right to use your real name, username, likeness, image, caption, location, photograph, voice, and or other identifying information in connection with any use of your User Content.
3. Representations and Warranties. You agree and represent and warrant that:
a. You are at least age eighteen (18) years of age or are legally considered an adult in the State or Country where you reside;
c. You are solely responsible for your User Content and it is your own original creation and you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to User;
d. You confirm and represent that use by the Wyndham Parties of your User Content as described herein does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity;
e. that if the User Content contains an identifiable person, whether you or another party, you represent and warrant that you have obtained prior expressed consent of all persons (or his or her parent or legal guardian, if the person identified or depicted is a minor) to the use of the User Content as outlined herein and shall provide such written consents to the Wyndham Parties upon request;
f. Use by the Wyndham Parties of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity, moral, proprietary or other rights of any third party, or any law, rule, or regulation;
g. User Content does not contain anything libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful;
h. Your upload or post of the User Content does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the User Content; and
4. Release and Indemnity. You hereby agree to release, discharge, hold harmless, and indemnify the Wyndham Parties, and anyone acting on their behalf, from any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with (i) any breach or alleged breach of any warranties, representations, or agreements hereunder; and/or (ii) the use by the Wyndham Parties of your User Content.