AMAWATERWAYS SOCIAL MEDIA TERMS OF USE

PLEASE READ TERMS OF USE CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU POST USING THE HASHTAG #AMAWATERWAYS OR UPLOAD CONTENT TO AMAWATERWAYS’ WEBSITE, YOU AGREE TO THE FOLLOWING TERMS OF USE:

1. You understand that your Content will be publicly displayed and it will not be treated in confidence. By using #amawaterways, #yesama, #myamacruise or uploading content to www.amawaterways.com/shareyourphoto you provide AmaWaterways, LLC (“AmaWaterways”) the right to use and share your Content on current or future websites including but not limited to www.amawaterways.com, and in all AmaWaterways’ social media platforms, including but not limited to, Facebook, Twitter, Instagram, Google+ and Pinterest. For the purposes of the Terms of Use “Content” means photographs, text, graphics, moving images, sound, illustrations, video or any other materials (including any associated captions, metadata, keywords or location information) (collectively, “Content”). For purposes of clarification, Content also includes any profile information you allow AmaWaterways to access from third party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.
2. By replying to AmaWaterways’ consent request with the hashtag #yesama, you represent and warrant that you are at least eighteen (18) years old and grant to Amawaterways, its agents, representatives, 3rd party affiliates and their related persons (collectively, the “Permitted Parties”) a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part in any way and in any and all media in all AmaWaterways advertising and marketing including, but not limited to, print and digital as well as in printed brochures, on AmaWaterways’ social media platforms, any digital platforms of AmaWaterways (including websites and e-mail), and on third-party websites and apps for any purpose, including for promotional and publicity purposes. For purposes of clarification and not limitation, (a) this license includes, and you expressly consent to, AmaWaterways’ right to use and publicly display your name, image, likeness and persona; and (b) nothing in this license transfers your ownership of the Content to AmaWaterways. Nothing in this license requires AmaWaterways to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.
3. You represent and warrant that you (a) own and control all rights, title and interest in and to the Content or that you otherwise have all rights, permissions and consents necessary to post and use such Content (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); (b) have all rights necessary to provide AmaWaterways and its agents, representatives, 3rd party affiliates and their related persons with the license and rights set forth in Section 2; and (c) have complied with all applicable laws and regulations associated with acquiring and/or producing the Content.
4. If you want your Content removed from use, send an email to the following: social@amawaterways.com.
5. You agree that you will not submit Content that:
   – infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of another;
   – includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
   – displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful to AmaWaterways or any other person or depicts the use of a product in a manner that is contrary to any instruction or warnings relating to the product;
   – impinges upon or violates the publicity, privacy or data protection rights of others; or
   – makes or includes false or misleading statements, claims or depictions about a person, company, product or service.
   
   AmaWaterways will reject and/or remove any Content in which AmaWaterways believes, in its sole discretion, that any such activities have occurred.
6. You hereby agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Content or these Terms shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with submitting the Content, but in no event will attorneys' fees be awarded or recoverable; and (c) under no circumstances will you be permitted to obtain any award for, and you hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages (other than actual out of pocket expenses), and/or any and all rights to have damages multiplied or otherwise increased. You acknowledge and agree that the neither the Permitted Parties nor any of their officers, directors, employees are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the Content (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on my rights of publicity or privacy, or a claim that you have been defamed or portrayed in a false light). The Permitted Parties assume no responsibility for any damage to my computer system which is occasioned by accessing any Permitted Party’s website, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
7. You agree that any and all disputes that you may have with, or claims you may have relating to, arising out of or connected in any way with the Content (or any part thereof), these Terms of Use shall be governed by the laws of the State of California applicable to contracts executed and to be performed entirely in the State of California.