Social Content Rights and Usage Agreement for #SureThingCincy
Thank you for allowing the Cincinnati USA Regional Tourism Network and the Cincinnati USA Convention and Visitors Bureau (collectively, “The Cincinnati Region”) to use your impressive content to showcase the region to visitors. We want to assure you that the content you submit to us remains your property. However, to make sure The Cincinnati Region is able to use the content you are providing to us, whether it is photos, text, graphics, audio, video, location information and comments (“Content”), we kindly ask that you agree to the following terms.
By responding with #SureThingCincy, you agree to the terms and conditions. You confirm that you are at least 18 years of age and are legally entitled to enter into this consent and release on your own behalf, that you have read, understood and agree to the terms and conditions of this consent and release and that it is your intention to enter into an agreement to waive your rights, including your right to make a claim, with respect to the use of your Content (as defined below).
- License. By responding with #SureThingCincy, you grant to The Cincinnati Region, in perpetuity, a non-exclusive, royalty-free, sub-licensable, assignable, non-exclusive transferable right to use, publish, display, reproduce, distribute, broadcast, communicate, modify, translate, edit or otherwise use your Content, in whole or in part, for advertising or promotional purposes, including but not limited to on its webpages, social media pages, promotional emails and advertisements, and in other marketing, promotional and advertising initiatives including print, digital, TV and video, in any media now or hereafter known.
- Representations and Warranties. By responding with #SureThingCincy, you warrant, represent, and agree 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 voluntarily agree to waive all “moral rights” that you may have to your Content
- Your Content (and each individual component thereof) is wholly original to you (i.e. you are the original photographer/videographer), that you are its sole owner, and that you have obtained all necessary ancillary rights, permissions and licenses in and to the Content (and all individual components thereof) to agree to these Terms and Conditions;
- You have previously publicly published your content on your Instagram, Facebook, Twitter account, or other such social media account and that your Content was not scripted, professionally produced, contracted, directed or paid for;
- Your Content (and each individual component thereof) does not violate any law, statute, ordinance or regulation;
- Your Content (and each individual component thereof) does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
- Your Content (and each individual component thereof) will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party;
- You shall have no right of approval, no claim to additional compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of your Content under these Terms and Conditions;
- Your Content (and each individual component thereof) is not defamatory, trade libelous, pornographic or obscene.
- Indemnity. You hereby agree to release, indemnify and hold harmless The Cincinnati Region, its advertising and promotion agencies, and each of their respective agents, employees, directors, successors, and assigns from and against any and all claims related, directly or indirectly, to your Content – including, without limitation, claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action.
How You May Use Our Materials
You may download, use, and copy the materials found on Cincinnati USA Web Sites for your personal, noncommercial use only, provided that all copies that you make of the material must bear any copyright, trademark or other proprietary notice located on the site which pertain to the material being copied.
Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by Cincinnat USA web site, its subsidiaries, and/or any third party owner of such rights. You may not create framed links to Cincinnati USA Web Sites without express written permission from Cincinnati USA Regional Chamber and Cincinnati Regional Tourism Network.
How You May Use Our Marks
The Cincinnati USA names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Cincinnati USA, or its subsidiaries or affiliates (collectively "Cincinnati USA Regional Chamber and Cincinnati Regional Tourism Network").You are not authorized to use any Cincinnati USA Regional Chamber and Cincinnati Regional Tourism Network name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Cincinnati USA Regional Chamber and Cincinnati Regional Tourism Network. Requests for authorization should be made to Cincinnati USA's Trademark Manager.
How We May Use Information You Provide to Us
Do not send us any confidential or proprietary information. Any feedback, data, answers, questions, comments, suggestions, ideas, or the like which you send to us will be treated as being non-confidential and nonproprietary and you agree that any such information you choose to provide may be reproduced, used, and distributed by us for any purpose without restriction.
All product and service marks contained herein that are not Cincinnati USA marks are the trademarks of their respective owners. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship, or recommendation of the third party, information, product, or service.
Content and Liability Disclaimer
Cincinnati USA is not responsible and shall not be liable for the listings or advertisements contained in its Web Sites, and those listings or advertisements may include technical inaccuracies or typographical errors notwithstanding our efforts to eliminate them. We do not check for licenses, with respect to licensed professions or trades, prior to publishing advertisements and we do not assume the responsibility of monitoring the use of trademarks, certifications, copyrights, or other rights of third parties. Cincinnati USA Regional Chamber and Cincinnati Regional Tourism Network may make improvements and/or changes in the products, services, and/or programs described in these materials at any time without notice. The materials on Cincinnati USA Web Sites are provided to you free of charge, "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL Cincinnati USA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH ANY Cincinnati USA WEB SITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY Cincinnati USA Regional Chamber and Cincinnati Regional Tourism Network WEB SITE.
This is how we will handle information we learn about you from your visit to our web site. The information we receive depends upon what you do when visiting our site. If you visit our site to read or download information, we collect and store only the following information about you: the name of the domain from which you access the Internet (for example, aol.com, if you are connecting from an America Online account); the date and time you access our site; and the Internet address of the web site from which you linked directly to our site. We use the information we collect to measure the number of visitors to the different sections of our site, and to help us make our site more useful to visitors.
You also may decide to send us personally-identifying information, for example, in an electronic mail message or by voluntarily disclosing that information by making an entry in our "Guestbook." We may use personally-identifying information from you to respond to your inquiries or for other internal business purposes, but we do not sell or rent that information to third parties. You should be aware, however, that others may access such information and use it, though any such use would be without our consent. We want to be very clear: We will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us.
Online Behavioral Advertising on Other Websites: The Cincinnati USA Regional Tourism Network is a member of the Digital Advertising Alliance. Some of the ads we place on other website are online behavioral advertising and may contain cookies that allow monitoring of your response to our advertisements. These cookies do not collect personal information. We limit companies that place our ads from using information for any purpose other than to assist us in our advertising efforts. You have the option to opt out, but please note you may still receive online advertising from the Cincinnati USA Regional Tourism Network. Opting out from a specific advertising provider means that the ads you do receive will not be based on your preferences or behavior.
The Cincinnati USA Web Sites are operated from a site in the State of Ohio, United States of America. We make no representation that materials found at our sites are appropriate or available for use in other locations. If you access our sites from other locations, you are responsible for compliance with local laws. For further information on Intellectual property matters contact Cincinnati USA's Intellectual Property Manager. If you have a question or comment, please contact us.