SHARE YOUR STORY
It's easy! Just share your favorite photo or video with a story about your fun and exciting adventures from your visit to any of our resorts and hotels and you could be featured on our web site!
Submit a Story
General Terms & Conditions for Content Submission
TERMS AND CONDITIONS TO “SHARE YOUR STORY”
By uploading content of any kind to the “Share Your Story” feature on the BENCHMARK®, a global hospitality company website, and any website of its related and affiliated companies, including, without limitation, its parent, subsidiaries, successors, assigns, transferees, licensees, sub-licensees, affiliates, employees, agents, independent contractors, and advertising, marketing and public relations agencies (together, “BENCHMARK®, a global hospitality company”), you agree to the following terms and conditions:
- You may upload to “Share Your Story” content in the form of videos, photographs, images, stories, and other potentially proprietary material (together, “Content”).
- You agree not to upload post or transmit any materials which contain any computer viruses, Easter eggs, worms, Trojan Horses or other harmful component or programming routines that are intended to or may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Any attempt to deliberately damage any website may be a violation of criminal and civil laws, and BENCHMARK®, a global hospitality company reserves the right to seek damages from any person who makes such attempts.
- By uploading or posting Content, you warrant that (i) the Content is owned by you, that the Content is your original work, that you have all necessary rights in and to the Content, and that you have not submitted the Content to any third party, including any contest or promotion; (ii) you have written permission from any person depicted, described or identifiable in the Content, or from the person’s parent/legal guardian for any person shown under the age of 18 (or 19 in the states of AL and NE) or who has not reached the age of majority in their jurisdiction of residence, to use their names, images, voices and likenesses in any manner, and can furnish such permission to BENCHMARK®, a global hospitality company, in a form acceptable to Benchmark.
- By uploading or posting Content, you further warrant that the Content (i) is non-confidential; (ii) has been legally created; (iii) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (iv) is not obscene, lewd, inappropriate or not in keeping with BENCHMARK®, a global hospitality company's image (as determined by BENCHMARK®, a global hospitality company in its sole discretion); (v) does not disparage BENCHMARK®, a global hospitality company or any other entity or person; (vi) does not contain brand names or trademarks other than those owned by BENCHMARK®, a global hospitality company, which you have a limited license to use to incorporate in your Content for purposes of “Share Your Story”; (vii) does not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (viii) does not include any private information of a third party such as name, address, phone number, or e-mail address unless you have written permission to do so; (ix) does not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Content is created; (v) does not contain any reference to identifiable third parties, unless consent has been obtained from all such individuals or his/her parent or legal guardian for any person under the age of majority in his/her jurisdiction of residence; and (vi) does not include any material that BENCHMARK®, a global hospitality company deems, in its sole discretion, to be inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, including, without limitation, depictions, discussions or any material involving nudity, alcohol/drug consumption or smoking, crude, vulgar or offensive language, and explicit or graphic sexual activity or sexual innuendo.
- By uploading or posting Content, you attest that you have made all those depicted, described or identifiable in the Content or his/her parent or legal guardian for any person under the age of majority in his/her jurisdiction of residence aware that you are providing the Content to BENCHMARK®, a global hospitality company, and all those depicted, described or identifiable or a parent or legal guardian for any person under the age of majority in his/her jurisdiction of residence have agreed that you may provide such Content. You may be required to submit signed release forms from each of the people appearing in your Content at BENCHMARK®, a global hospitality company's request.
- By uploading or posting Content, you (i) grant BENCHMARK®, a global hospitality company, the perpetual, unlimited, non-exclusive, irrevocable, worldwide, fully transferable, assignable and sub-licensable, royalty-free, fully-paid up license and right to use and an irrevocable right to reproduce, modify, display, publicly perform, transmit, distribute, and broadcast, create derivative works from, edit, post, publish and/or otherwise use the Content and all elements, copyrights or other priority rights embodied therein, including any names, likenesses, images and voices, in any manner, for any purpose including for commercial purposes, and in any and all media and formats now known or hereafter developed, without further compensation, notification or permission; (ii) grant permission for BENCHMARK®, a global hospitality company, to post the Content to its social media pages, or other websites, and otherwise use the Content in accordance with the rights granted herein; and (iii) waive all moral rights in the Content in favor of BENCHMARK®, a global hospitality company. If requested, you and any persons depicted, described or identifiable in the Content will sign any documentation that may be required for BENCHMARK®, a global hospitality company, to make use of the rights you are granting herein.
- By uploading or posting Content, you acknowledge, accept and agree that the Content will be publicly available and fully accessible to the public and may be used by the public or other entities without your or BENCHMARK®’s permission, knowledge, consent or approval for personal, commercial or any other purpose including, without limitation, as stock images, in advertisements, and on social media. You agree that BENCHMARK® is not responsible for any third-party use of the Content by anyone or any entity and you agree to hold Benchmark harmless and free from liability for any use of the Content by third parties.
- By uploading or posting Content, you agree that BENCHMARK® is not responsible for the Content and that you are solely responsible for the Content. You further agree that BENCHMARK® shall not have any liability to you or any person depicted, described or identifiable in the Content for any direct, indirect, contributory, vicarious, secondary or other infringement or protection of any intellectual property right, right of publicity or other right in or to the Content. BENCHMARK® has the right in its sole discretion to review, modify or remove all Content, or portions thereof, prior to and after uploading or posting any Content. BENCHMARK® reserves the right, in its sole discretion, to edit or modify any Content for any reason.
- By uploading or posting Content, you warrant and represent that: (a) the Content complies with the terms set forth above; and (b) you will indemnify and hold harmless BENCHMARK® from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, your Content, or your conduct in creating your Content, or otherwise in connection with your Content. By uploading or posting Content, you forever discharge, release, and forever hold harmless BENCHMARK® from any and all liability, claims, losses, damages, causes of action, suits, and demands of any kind arising from or in connection with the Content, creation of the Content, use or misuse of the broadcast, exploitation or use of any Content, including, without limitation, by third parties, and from property damage, loss of life, or personal injury resulting from or in connection with participating in uploading or posting the Content, however caused, or invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights.