Around here, you’ll be hard-pressed not to get lost in conversation. Thankfully, our legal team doesn’t have the gift of gab. Here are the Terms and Conditions governing all use by Tourism Partnership Niagara of property (such as, but not limited to, photos, videos, stories, albums, and posts) created or owned by third parties (the “authorized material”).
“Use” of the authorized material may not begin before Tourism Partnership Niagara receives from the creator or owner (i.e., the “grantor”) the requisite “consent” (such as: “#YesVisitNiagara”, “Absolutely”, “Yes Go For It”) to use the authorized material.
Reference to “use” means and includes, without requiring any additional consent or approval from any person or entity, and without incurring any liability to any person or entity resulting from Tourism Partnership Niagara’s use of the authorized material, the irrevocable right, but not the obligation, to exhibit, distribute, advertise, exploit, transmit, reproduce, and/or publish the authorized material by any means, media, or method now known or hereafter devised. This includes, without limitation, print, broadcast, the internet, and social media.
The grantor agrees that in using the authorized material, Tourism Partnership Niagara may, in its sole discretion: identify you (as grantor and the originator) by name, username, ‘handle’ and / or image / photograph; and edit, and / or modify the authorized material. It is agreed, further, that the rights hereby granted to Tourism Partnership Niagara are not exclusive to Tourism Partnership Niagara but are unlimited as to time or geography.
Reference to Tourism Partnership Niagara (and/or TPN) means and includes Tourism Partnership Niagara, and its associated and affiliated companies, partners, agents, promotion and advertising agencies, licensees, and successors in interest.
The grantor’s consent to Tourism Partnership Niagara for it to use the authorized material includes the grantor’s representation that, in the case of an individual, he/she is either (i) over the age of majority in the place where he/she ordinarily resides (or) (ii) is the parent or legal guardian of, and authorized to act and commit on behalf of the under-age originator of the authorized material; the warranty that no authorization other than this authorization from the grantor is necessary to enable Tourism Partnership Niagara to secure and, in whole or part, exercise the rights detailed and granted herein; and the grantor’s agreement and acknowledgement that no compensation will be paid, given to, or expected by the grantor or any other person or entity in consideration for this grant of rights.
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