Social Media User Generated Content Terms

PACIFIC PARK SOCIAL MEDIA USER GENERATED CONTENT TERMS & CONDITIONS TERMS AND CONDITIONS FOR CONTENT PROVIDERS TO PACIFIC PARK (SANTA MONICA AMUSEMENTS, LLC), PACIFICPARK.COM, AND SOCIAL MEDIA CHANNELS UTILIZED BY PACIFIC PARK.

Fun Facts

Pacific Park and the Santa Monica Pier is the most Instagrammed place in Southern California! We are ranked no. 8 in the entire world. The Santa Monica Pier was built in 1909. Pacific Park opened in 1996 and is 2 acres of the 7-acre pier. We have 12 rides, 14 midway games, and 1 attraction, along with over-the-ocean food and retail outlets. Pacific Park is home to the world’s first and only solar-powered Ferris wheel – the Pacific Wheel. We see around 9 million visitors a year.

Consent and Release​ for Image Requests

By replying “#YesPacificPark” or otherwise indicating you approve any request to use content from PACIFIC PARK’s (PP’s) image request, you represent and warrant that:

• You are at least 18 years of age, you have the legal right to enter into this agreement and you are not impersonating anyone else;
• You own all rights in and to your Content including without limitation, all rights to the image, audio, video and or digital recording and performance contained in your Content (if any) and/or you have acquired all necessary rights to the elements appearing in your Content to enable you to grant the same rights to the PP as described herein;
• Your Content is wholly original and does not infringe on the copyright, trademark, patent, trade secret or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third party individual or entity;
• You agree to release and allow all creative license and creative treatment in the use and production of your Content at the discretion of PP and its affiliate agents;
• You voluntarily agree to waive all “moral rights” that you may have to your Content;
• Any information contained in your Content is not known to you to be false, inaccurate or misleading;
• Your Content does not violate any law;
• You were not and will not be compensated or granted any consideration by any third party for submitting your Content;
• You will not be compensated or granted any consideration in any way by PP for the use of your Content;
• Your Content does not incorporate materials from a third party website, copyright protected materials or personally identifiable information of anyone other than yourself;
• Your Content does not reflect negatively in any way upon PP or their marketing, advertising, commercial or promotional efforts; and
• You agree to irrevocably release and forever discharge PP and its affiliate agents, subsidiaries, employees and third party providers from any and all actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against PP and its affiliate agents, subsidiaries, employees and third party providers or their respecting successor without limitation resulting from the use of your Content or anything contained therein by PP.

Non-Confidentiality

You understand and agree that your Content will not be treated in confidence, may be publicly displayed and potentially viewed by many people from around the world. By replying to PP’s request for consent, you authorize PP to use and share your Content on their official websites including, but not limited to, dev.pacpark.enki.tech, as well as in all social media channels including, but not limited to, Facebook, Twitter and Instagram. Furthermore, by replying to PP’s request for consent, you authorize PP to use and share your Content in other marketing materials or advertising, both digital and printed, such as magazines, videos, or billboards.

Pacific Park Rights to User Generated Content

By replying “#YesPacificPark”, you agree to these Terms and Conditions. You grant PP and affiliate agents a perpetual, transferable, non-exclusive, worldwide license to a) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or works, publish, translate, publicly perform, publicly broadcast and publicly display your Content (or any modification thereto) in whole or in part, in any format or medium now known or later developed and b) use your Content in any manner and for any purpose, including and without limitations: marketing, advertising, commercial or promotional purposes that PP or their affiliate agents deem appropriate.

You agree that you are solely responsible for your Content. PP is not required to host, display, or distribute any Content on or through their Websites and may remove Content at any time or refuse Content for any reason. PP is not responsible for any loss, theft, misuse or damage of any kind to your Content.

Indemnification

You agree to indemnify, defend and hold harmless PP and its affiliate agents from and against any and 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 or arising from your breach of these terms and conditions. PP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with PP’s defense of such claims.

Takedown

Should you want your content removed from PP Website(s) or social channels, you will need to send a message to guestservices@pacpark.com and include a link to your original content and the location on our website or social channel where your content should be removed. Once PP acknowledges receipt of your email request, please allow 30 days for any action to take place.

Linking, Crawling, and Archiving

If you would like to link to PP Website(s), the following guidelines apply:

• You must not incorporate any content from this site into your site or social media channels by in-lining, framing or creating other browser or border environments around the Website Content. You may only link to, not replicate, the PP Website Content;
• You may not use any PP trademarks, logos, designs or service marks in your links;
• You may not create the appearance of a relationship or affiliation with PP; and
• Your site or social media channels may not contain offensive, distasteful, illegal or inappropriate Content.

If you would like to use a web crawler or other search tool to gather information from PP’s Website(s) you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.

Other Conditions/Restrictions

CAUTION: Any attempt by any individual to deliberately damage any PP Website(s), tamper with the aggregation process or otherwise undermine the legitimate operation of the program may be a violation of criminal and civil laws. Should such an attempt be made, PP reserves the right to cooperate in the prosecution of any such individual(s) and to pursue all remedies to the fullest extent permitted by law.

General

These Terms and Conditions and the Privacy Statement together with any additional terms to which you agree when using particular elements of the Website(s) constitute the entire and exclusive agreement between you and PP.

Governing Law

These terms shall be governed by the laws of the state of California. Should any and all legal disputes connected with the Content arise, resolution will take place in accordance with the laws of the state of California.

Samples/Use Cases

Your content may be used for, but not limited to, promotional/marketing material, printed and/or digital, website content, social media posts, and more. Please see below for examples of how we may use your content:

Website Content

Social Media Posts

If you have any questions or concerns, please contact guestservices@pacpark.com.