USER GENERATED CONTENT TERMS OF USE

These User Generated Content Terms of Use (“UGC Terms of Use”) describe the terms and conditions under which Avis Rent A Car System, LLC, its affiliates, licensees, sub-licensees, successors, assigns, and third-party service providers and their respective marketing or public relations agencies, media outlets, or content distributors (referred to in these UGC Terms of Use collectively as “Avis”, “we,” “us,” or “our”) may use the content created and publicly posted by you, as more specifically identified in the message that we sent to you via the social media platform on which said content appears referring you to these UGC Terms of Use.  Said content is referred to in these UGC Terms of Use as the “User Generated Content” and may include without limitation, photographs, text, music, sounds, images, graphics, videos, other digital materials, or any combination thereof.

IMPORTANT NOTICE — THIS IS A BINDING CONTRACT

PLEASE READ THESE TERMS CAREFULLY BEFORE CONTINUING ESPECIALLY BECAUSE THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, WAIVING YOUR RIGHT TO TRIAL BY JURY, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION – SEE SECTION 6 BELOW. BY REPLYING TO OUR MESSAGE TO YOU WITH #YESAVIS, YOU ARE AGREEING TO BE BOUND BY THESE UGC TERMS OF USE WITH RESPECT TO THE USER GENERATED CONTENT.  IF YOU DO NOT AGREE WITH ANY OF THESE UGC TERMS OF USE, DO NOT REPLY TO OUR MESSAGE.   

1.     RIGHTS GRANTED

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you hereby irrevocably grant to us a worldwide, fully-paid, royalty-free, transferable, sub-licensable, and perpetual right to use, reproduce, edit, modify, translate, create derivative works from, publicly perform, publicly display, transmit, distribute, and otherwise disclose to third parties the User Generated Content, or any portion thereof, in any form or medium (now known or hereafter developed) for any purpose.  We also have the right but not the obligation to use your social media identifier and any other identifying information provided by you in connection with the User Generated Content (referred to in these UGC Terms of Use collectively as the “Identifying Information”), including, but not limited to, your real name, voice, image, likeness, public profile, and location, in connection with our use of the User Generated Content.   

You waive any right to review, inspect, or approve our use of the User Generated Content and any right to royalties or any other compensation arising from, or related to, use of the User Generated Content.  

We have no obligation to make use of any of the rights that you have granted to us.  We are not liable to you for any distortion or illusionary effect resulting from the publication of the Identifying Information.  Our use of the User Generated Content or the Identifying Information does not imply any endorsement of or affiliation with you.

2.     YOUR REPRESENTATIONS AND OBLIGATIONS

You represent and warrant to us that:

•        You are at least eighteen (18) years of age.

•        You are a legal resident of the United States.

•        You have the full right and authority to agree to these UGC Terms of Use and to grant the rights described in these UGC Terms of Use.

•        The User Generated is your original and sole creation or you own or control all rights in and to the User Generated Content, and that you have all licenses, rights, and permissions necessary to publish the User Generated Content and to grant the rights described in these UGC Terms of Use (including, but not limited to, permission to use the photograph, image, or likeness of any individual depicted in the User Generated Content);

•        The User Generated Content does not, and our use of the User Generated Content as described in these UGC Terms of Use will not, infringe on any third party's statutory, contractual, personal, or other rights (including, but not limited to, intellectual property rights, copyrights, patents, trademarks, privacy rights, publicity rights, trade secrets, or confidentiality obligations) or violate any applicable laws, rules, or regulations.

•        The User Generated Content does not contain anything illegal, defamatory, obscene, threatening, or racially, sexually, religiously, or otherwise objectionable and offensive.

•        You have paid in full any fee or other required payment related to the production of the User Generated Content, and our use of the User Generated Content as described in these UGC Terms of Use will not require any payment to any person.

•        Neither you nor any individual appearing in the User Generated Content is an employee of, consultant or brand ambassador for, or otherwise materially related to, us, and we have not compensated you for the User Generated Content.

•        The User Generated Content does not contain any worms, viruses, or other harmful code.

•        You acknowledge that we have no obligation to publish User Generated Content and that any published User Generated Content may be removed at any time, without notification and for any reason.

•        You have read and you agree to comply with all of the terms and conditions in these UGC Terms of Use.

3.     LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR OFFICERS, DIRECTORS,

EMPLOYEES, CONTRACTORS AND AGENTS ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,

SPECIAL, INDIRECT, PUNITIVE, OR SIMILAR DAMAGES ARISING OUT OF, OR RESULTING FROM, THESE UGC

TERMS OF USE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST

SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT,

TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY OF LIABILITY. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES, OR EXPENSES.  

4.     INDEMNITY AND RELEASES

You agree to indemnify, defend and hold us and our officers, directors, employees, contractors and agents (collectively, the "Indemnified Parties") harmless from and against any and all damages, liabilities, claims, actions, demands, and costs (including, but not limited to, reasonable attorneys’ fees and costs of settlement) arising out of any breach by you of these UGC Terms of Use.

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands, and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, these UGC Terms of Use.

If you are a resident of the State of California, you expressly waive the provisions of California Civil Code

§1542, which states, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF

KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

You irrevocably and unconditionally waive and agree not to enforce any rights in the User Generated Content, including, but not limited to, any copyrights, moral rights, rights of attribution and integrity, or equivalent rights, or any other rights which you may have under any law (now or hereafter effective).

If requested, you will sign any documentation in such manner and at such location as we may require to protect, perfect or enforce any of the rights you have granted to us under these UGC Terms of Use.

5.     PRIVACY  

The User Generated Content and Identifying Information are deemed non-confidential, and we have no obligation to maintain the confidentiality of any information, in whatever form.  Your personal information may be transferred to servers located outside the United States of America or to third parties in other countries for processing.  You agree to the foregoing collection, use, disclosure, transfer, and processing of your information in accordance with these UGC Terms of Use, our Privacy Notice (available at www.Avis.com/privacy), and applicable data protection laws and regulations.

6.     GOVERNING LAW AND ARBITRATION  

These UGC Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey, excluding its conflicts of law principles. You agree to ARBITRATE ANY DISPUTES WITH AVIS and to WAIVE JURY TRIAL and CLASS ACTIONS as more fully set forth in Section 12 of our Website Terms of Use found at www.Avis.com/en/legal-documents/terms-of-use, which terms govern these UGC Terms of Use as if fully incorporated into these UGC Terms of Use (except that if there is a conflict between these UGC Terms of Use and our Website Terms of Use, these UGC Terms of Use will govern such conflict).

7.     MISCELLANEOUS

These UGC Terms of Use are personal to you and may not be assigned or transferred by you for any reason without our prior written consent.

Any failure by us to exercise, or any delay, forbearance, or indulgence by us in exercising, any right, power, or remedy under these UGC Terms of Use will not operate as a waiver of that right, power, or remedy or preclude its exercise at any subsequent time or on any subsequent occasion.

These UGC Terms of Use contain all the terms agreed between us regarding the User Generated Content and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing.

If any court of law with jurisdiction to determine the issue holds that any provision of these UGC Terms of Use is unlawful, void, or unenforceable, then that provision will be deemed severable from these UGC Terms of Use and will not affect the validity and enforceability of any remaining provisions.

We reserve the right to modify these UGC Terms of Use without advance notice by posting a revised UGC Terms of Use. Therefore, you should review the UGC Terms of Use each time you grant permission to us to use your content.