Terms and Conditions
User-Generated Content
Thank you for considering this request. By responding to our request with #ForShore #PinkShellYes or #YesPinkShell you agree to the following terms and conditions. If you do not agree, please ignore the request.
WHO WE ARE
Experience a true beachfront getaway at Pink Shell Beach Resort & Marina. Our full-service resort in Fort Myers, Florida is on Estero Island, surrounded by the Matanzas Pass on one side and the Gulf of Mexico on the other. Pink Shell has evolved from a single cottage built in 1950 to an expansive 12-acre beach resort and marina. While we have grown, our values remain the same—to provide an unparalleled oceanfront escape for families and friends to make memories that last a lifetime.
Our beachfront resort in Fort Myers is part of Boykin Management Company and offers studios, one- and two-bedroom accommodations with guaranteed beach views, ample meeting facilities, a relaxing spa, full-service marina, fitness center, two restaurants, and fun activities for the whole family. To learn more about us, please refer to our website: https://www.pinkshell.com/.
PARTICIPANT AGREEMENT
By replying to the Pink Shell Beach Resort & Marina consent request with the hashtags #ForShore #PinkShellYes or #YesPinkShell you agree to these Terms and Conditions. Pink Shell Beach Resort & Marina doing business as https://www.pinkshell.com/ agrees to abide by these Terms and Conditions. Pink Shell Beach Resort & Marina may terminate its websites or its use of your content at any time at its discretion.
ALLOWABLE PARTICIPANTS
You must be 18 years of age or older and have the legal right to enter into this agreement and to grant any and all rights to your user-generated content (Content) in the form of original photography, video, or text.
NON-CONFIDENTIALITY
You understand and agree that your Content will be publicly displayed on the Websites or in other marketing, advertising, or promotions with your name and other identifying information provided, including without limitation any social media identifier, handle or profile picture. Many people from around the world will be able to view your Content and by replying to the Pink Shell Beach Resort & Marina request for consent you provide Pink Shell Beach Resort & Marina with the right to use and share your Content on their official websites including but not limited to https://www.pinkshell.com/ as well as in all of their social media channels including, but not limited to, Facebook, Twitter, and Instagram.
PINK SHELL BEACH RESORT & MARINA RIGHTS TO USER-GENERATED CONTENT
By replying to the Pink Shell Beach Resort & Marina consent request with the hashtags #ForShore #PinkShellYes or #YesPinkShell you are agreeing to these Terms and Conditions. You grant Pink Shell Beach Resort & Marina 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 (and permit others to use) your Content in any manner and for any purpose, including and without limitations: marketing, advertising, commercial or promotional purposes that the Pink Shell Beach Resort & Marina or their affiliate agents deem appropriate.
- You agree that you are solely responsible for your Content. Pink Shell Beach Resort & Marina 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. Pink Shell Beach Resort & Marina is not responsible for any loss, theft, misuse, or damage of any kind to your Content.
- By replying to the Pink Shell Beach Resort & Marina consent request with the hashtags #ForShore #PinkShellYes or #YesPinkShell 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 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 Pink Shell Beach Resort & Marina as described herein.
- If children are depicted in the Content, you are the parent/guardian with legal responsibility of any minors depicted in the Content.
- You have the rights from any and all third parties appearing in such Submission to use their names, images, or likenesses.
- 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 the Pink Shell Beach Resort & Marina 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 the Pink Shell Beach Resort & Marina 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 the Pink Shell Beach Resort & Marina or their marketing, advertising, commercial or promotional efforts.
- You agree to irrevocably release and forever discharge the Pink Shell Beach Resort & Marina 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 the Pink Shell Beach Resort & Marina and 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 the Pink Shell Beach Resort & Marina.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pink Shell Beach Resort & Marina 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. Pink Shell Beach Resort & Marina 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 the Pink Shell Beach Resort & Marina defense of such claims.
MODIFICATIONS TO THESE TERMS AND CONDITIONS
Pink Shell Beach Resort & Marina may, at its sole discretion, change these Terms and Conditions at any time. Any such changes will be posted on https://www.pinkshell.com/ugcpermission along with the new effective date.
TAKEDOWN
Should you believe that material located or linked to our website violates copyright or want your content removed from Pink Shell & Marina Website(s), you will need to send a message to the following: [email protected]. Once Pink Shell Beach Resort & Marina 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 the Website(s) of Pink Shell Beach Resort & Marina you must comply with the following guidelines:
- 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 Website Content of Pink Shell Beach Resort & Marina
- You may not use any Pink Shell Beach Resort & Marina trademarks, logos, designs, or service marks in your links
- You may not create the appearance of a relationship or affiliation with Pink Shell Beach Resort & Marina
Your site or social media channels may not contain offensive, distasteful, illegal, or inappropriate content including but not limited to:
- Real or simulated violence and/or criminal activity or accidents from video clips, games, or films
- Sexually explicit content
- Content that advocates the doing of a terrorist act
- Content instructing or promoting crime or violence
- Content that invokes feelings of hurt, anger, disgust, disapproval, or revulsion, or is something associated with an aggressive attack
- Profanity
If you would like to use a web crawler or other search tool to gather information from the Pink Shell Beach Resort & Marina 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 Pink Shell Beach Resort & Marina 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, Pink Shell Beach Resort & Marina 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 Pink Shell Beach Resort & Marina.
GOVERNING LAW
These terms shall be governed by the laws of the state of Florida. Should any and all legal disputes connected with the Content arise, resolution will take place in accordance with the laws of the state of Florida.