Release and Consent to Use of Photographs
PLEASE READ THESE SUBMISSION TERMS (“TERMS”) CAREFULLY. THEY CONTAIN IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU MAKE A SUBMISSION TO A PETOSKEY AREA VISITORS BUREAU WEBSITE ON WHICH THESE TERMS APPEAR (A “SITE”) OR SEND THE HASHTAG #YesPetoskeyArea TO PETOSKEY AREA VISITORS BUREAU, YOU ARE CONFIRMING THAT YOU HAVE AGREED TO BE BOUND BY THESE TERMS.
- You may be viewing these Terms on a small screen. If so, here are the highlights of the Terms below (but please read the Terms).
- You own the photo or other Content (as defined below) that you submit. Nothing in these Terms changes that.
- You are giving the Petoskey Area Visitors Bureau a license to use the Content on the Site and on the Petoskey Area Visitors Bureau’s other websites, apps, e-mail, and social media channels for advertising, marketing and/or promotional purposes.
- You are also giving the Petoskey Area Visitors Bureau a license to use your name and image and other biographic material in conjunction with the Content.
- If any third party has any rights in your Content (e.g., someone else took a photo or appears in a photo), you represent that you have all the rights and permissions needed from those third parties to grant Petoskey Area Visitors Bureau the license to use your Content in accordance with these Terms and nothing in the Content is inappropriate or defamatory.
- You are releasing Petoskey Area Visitors Bureau from any liability arising out of its use of the Content as described in these Terms and you promise not to sue Petoskey Area Visitors Bureau for such use.
TERMS AND CONDITIONS (LONG FORM) FOR CONTENT PROVIDERS TO THE PETOSKEY AREA VISITORS BUREAU, PETOSKEYAREA.COM
By replying to Petoskey Area Visitors Bureau’s consent request to participate in Chute (content aggregation tool) with the hashtag #YesPetoskeyArea, you agree to these Terms and Conditions. The Petoskey Area Visitors Bureau, PetoskeyArea.com also agrees to abide by these Terms and Conditions. Petoskey Area Visitors Bureau may terminate its Websites or its use of your content at any time at its discretion.
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.
You understand and agree that your Content will be publicly displayed and it will not be treated in confidence. In fact, many people from around the world will be able to view your Content and by replying to Petoskey Area Visitors Bureau’s request for consent you provide the Petoskey Area Visitors Bureau with the right to use and share your Content on their official websites including but not limited to PetoskeyArea.com as well as in all of their social media channels including, but not limited to, Facebook, Twitter and Instagram.
PETOSKEY AREA VISITORS BUREAU RIGHTS TO USER GENERATED CONTENT
By replying to Petoskey Area Visitors Bureau’s consent request to participate in Chute (content aggregation tool) with the hashtag #YesPetoskeyArea, you are agreeing to these Terms and Conditions. You grant Petoskey Area Visitors Bureau 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 Petoskey Area Visitors Bureau or their affiliate agents deem appropriate.
You agree that you are solely responsible for your Content. Petoskey Area Visitors Bureau 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. Petoskey Area Visitors Bureau is not responsible for any loss, theft, misuse or damage of any kind to your Content.
By replying to Petoskey Area Visitors Bureau’s consent request to participate in Chute (content aggregation tool) with the hashtag #YesPetoskeyArea, 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 Petoskey Area Visitors Bureau 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 the Petoskey Area Visitors Bureau 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 Petoskey Area Visitors Bureau 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 Petoskey Area Visitors Bureau or their marketing, advertising, commercial or promotional efforts
You agree to irrevocably release and forever discharge the Petoskey Area Visitors Bureau 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 Petoskey Area Visitors Bureau 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 Petoskey Area Visitors Bureau.
You agree to indemnify, defend and hold harmless the Petoskey Area Visitors Bureau 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. The Petoskey Area Visitors Bureau 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 Petoskey Area Visitors Bureau’s defense of such claims.
MODIFICATIONS TO THESE TERMS AND CONDITIONS
The Petoskey Area Visitors Bureau may, at its sole discretion, change these Terms and Conditions at any time. Any such changes will be posted on petoskeyarea.com/photo-rights-terms-and-conditions along with the new effective date.
Should you want your content removed from the Petoskey Area Visitors Bureau Website(s), you will need to send a message through our Contact Form. Once the Petoskey Area Visitors Bureau 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 The Petoskey Area Visitors Bureau 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 The Petoskey Area Visitors Bureau
- you may not use any Petoskey Area Visitors Bureau trademarks, logos, designs or service marks in your links
- you may not create the appearance of a relationship or affiliation with The Petoskey Area Visitors Bureau
- 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 the Petoskey Area Visitors Bureau’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.
CAUTION: Any attempt by any individual to deliberately damage any Petoskey Area Visitors Bureau Website(s), tamper with the aggregation process or otherwise undermine the legitimate operation of the program maybe be a violation of criminal and civil laws. Should such an attempt be made, Petoskey Area Visitors Bureau 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.
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 the Petoskey Area Visitors Bureau.
GOVERNING LAW/JURISDICTION AND VENUE
These terms shall be governed by the laws of the state of Michigan. Should any and all legal disputes connected with the Content arise, resolution will take place in accordance with the laws of the state of Michigan. If a party seeks a judicial determination concerning any such dispute, adjudication shall occur exclusively in the state courts for Emmet County, Michigan, or the federal courts for the Western District of Michigan if permitted by law and a party elects to file an action in federal court.