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Travel Tacoma + Pierce County User-generated Content Terms and Conditions
(updated January 11, 2018)
We’re excited to share your social content on our website at www.traveltacoma.com, which is the main reason for our permission request.
Please read these submission Terms and Conditions (“Terms”) carefully, as they contain important terms that affect your legal rights. When you make a submission to a Travel Tacoma website on which these Terms appear (a “Site”) or send the hashtag #YesTacoma to Travel Tacoma + Pierce County (“Travel Tacoma”), 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 long-form terms):
You own the photo or other Content (as defined below) that you submit. Nothing in these Terms changes that.
You are giving Travel Tacoma a perpetual, transferable, non-exclusive, worldwide license to use, transmit, distribute, copy, modify, reproduce, create derivative works from, adapt, combine, publish, publicly perform, publicly broadcast, and publicly display your Content in whole or in part, in any format or medium now known or later developed, including without limitation on the Site and on Travel Tacoma’s other websites, publications, apps, e-mail, and social media channels for any purpose, including without limitation advertising, marketing, commercial and/or promotional purposes, or other purposes that Travel Tacoma and/or their affiliates or agent(s) deem appropriate.
You are also giving Travel Tacoma a perpetual, transferable, non-exclusive, worldwide 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 Travel Tacoma the license to use your Content in accordance with these Terms and nothing in the Content is inappropriate or defamatory.
You are releasing Travel Tacoma from any liability arising out of its use of your Content as described in these Terms and you promise not to sue Travel Tacoma for such use.
TERMS AND CONDITIONS (LONG FORM) FOR CONTENT PROVIDERS TO TRAVEL TACOMA + PIERCE COUNTY (“TRAVEL TACOMA”)
PARTICIPANT AGREEMENT
By replying to Travel Tacoma’s consent request to participate in Chute (content-aggregation tool) with the hashtag #YesTacoma, you agree to these Terms. The organization Travel Tacoma also agrees to abide by these Terms and Conditions. Travel Tacoma may terminate its use of your content at any time at its sole discretion.
ALLOWABLE PARTICIPANTS
You affirm that you are at least 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, audio or text, or any combination of these forms.
NON-CONFIDENTIALITY
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 Travel Tacoma’s request for consent you provide the Travel Tacoma with the right to use and share your Content on their official websites including but not limited to traveltacoma.com as well as in all of their social media channels including, but not limited to, Facebook, Twitter, Instagram, and YouTube. You agree to assume all risks associated with the public display and sharing of your Content, including anyone’s reliance on it for any purpose, or any disclosure by you of information in your Content that makes you or others personally identifiable.
TRAVEL TACOMA’S RIGHTS TO USER-GENERATED CONTENT
By replying to Travel Tacoma’s consent request to participate in Chute (content-aggregation tool) with the hashtag #YesTacoma you are agreeing to these Terms and Conditions. You grant Travel Tacoma 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 Travel Tacoma or their affiliate agents deem appropriate.
You agree that you are solely responsible for your Content. Travel Tacoma is not required to host, display, or distribute any Content on or through their Site(s) and may remove Content at any time or refuse Content for any reason. Travel Tacoma is not responsible for any loss, theft, misuse, or damage of any kind to your Content, whether or not caused by negligence.
In addition, Travel Tacoma reserves the right to take any action it deems necessary in its sole discretion with respect to any aspect of its use of your Content to (a) satisfy any applicable law, rule, regulation, legal process, or government request; (b) enforce these Terms of Conditions, including without limitation, investigating any potential violations of these Terms and Conditions; (c) detect, prevent, or otherwise address fraud, security, or technical issues; or (d) protect the rights, property, or safety of Travel Tacoma, its employees or agents, and the public.
REPRESENTATIONS AND WARRANTIES
By replying to Travel Tacoma’s consent request to participate in Chute (content-aggregation tool) with the hashtag #YesTacoma, you represent and warrant that:
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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
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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 Travel Tacoma as described herein
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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
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you agree to release and allow all creative license and creative treatment in the use and production of your Content at the discretion of Travel Tacoma and its affiliate agents
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you voluntarily agree to waive all “moral rights” that you may have to your Content
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any information contained in your Content is not known to you to be defamatory, unlawful, threatening, abusive, harassing, vulgar, obscene, invasive of another’s privacy, false, inaccurate, or misleading
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your Content does not violate any law
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you were not and will not be compensated or granted any consideration by any third-party for submitting your Content
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you will not be compensated or granted any consideration in any way by Travel Tacoma for the use of your Content
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your Content does not incorporate materials from a third-party website, copyright-protected materials or personally identifiable information of anyone other than yourself
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your Content does not reflect negatively in any way upon Tacoma, Pierce County, or their marketing, advertising, commercial, or promotional efforts
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you agree to irrevocably release and forever discharge Travel Tacoma 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 Travel Tacoma 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 MOT.
Travel Tacoma reserves the right to modify the eligibility criteria at any time and for any reason.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Travel Tacoma 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. Travel Tacoma 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 Travel Tacoma’s defense of such claims.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The following two paragraphs apply to the maximum extent permitted by applicable law. Nothing in the following two paragraphs is intended to limit any rights you may have which may not be lawfully limited.
TRAVEL TACOMA’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH ALLOWING FOR THE USE OF YOUR CONTENT OR THESE TERMS AND CONDITIONS IS LIMITED TO $250.00.
IN NO EVENT SHALL TRAVEL TACOMA BE LIABLE TO YOU FOR (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF REVENUE OR ACTUAL OR ANTICIPATED PROFITS; (C) BUSINESS INTERRUPTION; (D) REPUTATIONAL HARM; OR (E) LOSS OF INFORMATION, DATA, OR GOODWILL, EVEN IF ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
MODIFICATIONS TO THESE TERMS AND CONDITIONS
Travel Tacoma may, at its sole discretion, change these Terms and Conditions at any time. Any such changes will be posted on traveltacoma.com/terms-and-conditions along with the new effective date.
TAKEDOWN
Should you want your content removed from the Travel Tacoma Site(s), you will need to send a message to the following: info@traveltacoma.com. Once Travel Tacoma acknowledges receipt of your email request, please allow 30 days for any action to take place. Previously approved content already scheduled for or in print cannot be taken removed.
LINKING, CRAWLING AND ARCHIVING
If you would like to link to the Site(s) of Travel Tacoma you must comply with the following guidelines:
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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 Site Content. You may only link to, not replicate, the Site Content of Travel Tacoma
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you may not use any Travel Tacoma trademarks, logos, designs, or service marks in your links
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you may not create the appearance of a relationship or affiliation with Travel Tacoma
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your site or social media channels may not contain defamatory, unlawful, threatening, abusive, harassing, vulgar, obscene, offensive, distasteful, false, inaccurate, misleading or inappropriate Content
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If you would like to use a web crawler or other search tool to gather information from Travel Tacoma’s Site(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.
TAMPERING
CAUTION: Any attempt by any individual to deliberately damage any Travel Tacoma Site(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, Travel Tacoma 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.
COMPLETE AGREEMENT
These Terms and Conditions and the Privacy Statement together with any additional terms to which you agree when using particular elements of the Site(s) constitute the entire and exclusive agreement between you and Travel Tacoma regarding Travel Tacoma’s use of your Content, and supersede any prior agreement between you and Travel Tacoma relating to its subject matter.
GOVERNING LAW
These terms shall be governed by the laws of the state of Washington without regard to conflict of law provisions. Should any and all disputes connected with the Content or these Terms and Conditions arise, you agree that any claim or dispute you may have must be resolved by a court located in Pierce County, Washington. You agree to submit to the exclusive personal jurisdiction and venue of the courts located in Pierce County, Washington for the purpose of litigating all such claims or disputes.
MISCELLANEOUS
Any failure by you or Travel Tacoma to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect and enforceable.
You may not assign or transfer in any way any of your rights or obligations under these Terms and Conditions without Travel Tacoma’s prior written consent. Travel Tacoma may assign or transfer in any way its rights and obligations under these Terms and Conditions without restriction.
Travel Tacoma reserves all rights not expressly granted to you under these Terms and Conditions.