ATP User Generated Content Terms of Use

ATP USA, Inc. and ATP Holdings, Inc. (“ATP”) may reach out to social media users to seek their permission to feature social media content on our websites, social media applications, platforms and channels, and various promotional materials. You are reading this because ATP has requested your permission to use your social media content in this way. The social media content (“User Content”) refers to the photo(s), caption and comments you posted on Facebook, Twitter, Instagram, Pinterest, or any similar or successor social media application or platform (“Social Media”) described in the message we sent referring you to these UGC Terms of Use.

In these User Generated Content (“UGC”) Terms of Use, “we”, “us” and “our” refers to ATP or any of their affiliates).

If you choose to allow us to use your User Content by replying with the hashtag #atpagree or #aplagree, you agree to these UGC Terms of Use.

User Content License

You hereby agree and represent and warrant that (i) You are not a minor; (ii) You have full power and authority to enter into these UGC Terms of Use; (iii) You own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content; (iv) the User Content does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or ATP; (v) the User Content does not contain any material which is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful; (vi) You have permission from any and all person(s) appearing in the User Content to provide us with the rights to use the User Content as described in this UGC Terms of Use; (vii) Your upload or post of the User Content does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the User Content; (viii) Our use of your User Content as described in these UGC Terms of Use will not violate the rights of any person or entity and will not violate any law; (iv) You confirm and agree that Our use of your User Content as described in these UGC Terms of Use does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity; and (x) You have read and you agree to comply with all of the terms and conditions in these UGC Terms of Use.

You hereby grant ATP and their affiliated companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, (the “Licensed Parties”), a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to, on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You agree that we have no obligation to use your User Content or your name or other identifying information.

You also grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the User Content.

Release, Waiver and Indemnification

You hereby release, discharge and agree to hold ATP and their affiliates, and its and their respective employees, agents, representatives, officers, directors and members and any person acting on their behalf, harmless from any liability related in any way to the use of your User Content. You irrevocably and unconditionally waive (and agree not to enforce) all rights in the User Content, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.

You agree to indemnify ATP and their affiliates, and their respective employees, agents, representatives, officers, directors and members from and against any claim arising out of your breach of the covenants or representations set forth herein and any claim that the User Content infringes on the intellectual property rights of any third party.

If requested, you will sign any documentation reasonably requested by ATP in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under these UGC Terms of Use.

Intellectual Property Rights

ATP owns all rights to use the ATP name, logo, and marks, or any other name, logo or marks owned or licensed by ATP (“ATP Content”), which may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of ATP by authorizing use of your User Content.

Miscellaneous

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without ATP’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

You agree that if ATP does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which ATP has the benefit of under any applicable law), this will not be taken to be a formal waiver of ATP’s rights and that those rights or remedies will still be available to ATP.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these UGC Terms of Use are invalid, then that provision will be removed without affecting the rest of the UGC Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

These UGC Terms of Use, and any disputes or claims arising out of or related to these UGC Terms of Use, shall be governed by the laws of the State of Florida, and any actions arising out of or related hereto shall be exclusively brought in the state or federal courts located in Jacksonville, Florida. You hereby waive any objection as to forum or venue.

ATP has no obligation to use the User Content and we may remove or stop using any User Content at any time, for any reason. Use of the User Content does not imply our endorsement of or any affiliation with you.

ATP reserves the right to alter these UGC Terms of Use without advance notice by posting a revised UGC Terms of Use. Accordingly, you should review the UGC Terms of Use each time you grant permission or authorization to feature your User Content.