By replying to the Florida Department of Environmental Protection’s (“DEP”) and/or Florida State Parks’ (“FSP”) consent request to participate in Chute (content aggregation tool) with #YesFLDEP or #YesFLStateParks or by directly uploading User Generated Content to DEP and FSP affiliated websites, collectively referred to as “Submissions,” you are agreeing to these Terms and Conditions.
DEP’S and FSP’S RIGHTS TO USER GENERATED CONTENT
By providing any Submissions, you grant DEP and FSP, its affiliates and service providers, and each of their respective licensees, successors, and assigns a perpetual, fully-paid, royalty free, worldwide, irrevocable right and license to use, reproduce, modify, create derivative works of, display, distribute, and otherwise disclose to third parties the Submissions for any purpose.
You agree that you are solely responsible for your User Generated Content. DEP and FSP are not required to host, display, or distribute any User Generated Content on or through their websites and may remove User Generated Content at any time or refuse User Generated Content for any reason. DEP and FSP are not responsible for any loss, theft, misuse or damage of any kind to your User Generated Content. You agree that you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. DEP and FSP are not responsible or liable to any third party for the content or accuracy of any User Generated Content posted by you or any other user.
Any Submissions will be considered non-confidential and non-proprietary and may be posted publicly on any DEP and/or FSP affiliated websites or social media channels and may be used by DEP and/or FSP in advertising campaigns.
You represent and warrant that:
You are at least eighteen (18) years old.
You own or control all rights in and to your User Generated Content and have the right to grant the license granted above to DEP and FSP, its affiliates and service providers, and each of their respective licensees, successors, and assigns.
If children are depicted in your Submissions, you are the parent or guardian with legal responsibility of any minors depicted therein.
You have the right to use the likeness of any person depicted in your Submissions.
USER GENERATED CONTENT STANDARDS
All Submissions must comply with the Content Standards contained in this section and must comply with all applicable federal, state, local, and international laws and regulations. Submissions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You agree to indemnify, defend, and hold harmless DEP, FSP, the State of Florida, and their agents, officers, and employees from and against all claims, liabilities, damages, losses, costs, expenses or fees (including a reasonable amount of attorney’s fees) that such parties may incur as a result of: (i) your use of and access to Chute; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, trademark or privacy right; or (iv) any claim that your User Generated Content caused damage to a third party. DEP, FSP, and the State of Florida reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with the defense of such claims.
CHOICE OF LAW AND FORUM
These terms shall be governed by the laws of the state of Florida. Should any legal disputes connected with the User Generated Content arise, resolution will take place in accordance with the laws of the state of Florida. Any and all actions in connection with these Terms and Conditions or any Submissions shall be brought in a court of competent jurisdiction located in Leon County, Florida.
April 23, 2019 - 9:33am
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The Florida Department of Environmental Protection is the state’s lead agency for environmental management and stewardship – protecting our air, water and land. The vision of the Florida Department of Environmental Protection is to create strong community partnerships, safeguard Florida’s natural resources and enhance its ecosystems.