Photo & Video Sharing Terms & Conditions
- All photos and videos should be original, meaning you should only upload photos and videos (together, the “Photos”) that you took. By uploading Photos, you represent and warrant that each Photo is your sole and original creation and does not, and use of it will not, infringe or otherwise violate any right of any third party, including any copyright, trademark, patent, trade secret, or other intellectual property right, or any right of publicity or privacy.
- You will own and retain all right, title, and interest in and to the Photos, subject to the license granted herein.
- If you opt to allow Nat Hab and its partners to use your photos and/or videos in their marketing materials:
- you agree to irrevocably grant to Nat Hab and its parent, affiliates, subsidiaries and business partners, and each of their respective officers, directors, employees, agents, direct and indirect licensees, successors, and assigns (collectively, “Nat Hab”), a royalty-free, non-exclusive, perpetual, irrevocable, freely transferable and sublicensable license throughout the world to use the Photos and the proceeds of the Photos, including all copyrights and other intellectual property rights therein and all reneals and extensions thereof, in all formats and media including, without limitation, print, digital and social, whether now known and existing or hereafter discovered or developed, throughout the universe for all or any purpose whatsoever relating to the advertising, marketing, and promotion of Nat Hab trips. ,
- for purposes of clarity, and without limiting the foregoing, you agree that the foregoing grant includes the rights to (a) modify, edit, combine with other materials, translate, include in collective works, and create derivative works of the Photos (collectively, “Adapt”, and “Adapted” and “Adaptation” have correlative meanings); and (b) reproduce, perform (publicly or otherwise), display (publicly or otherwise), and transmit the Photos, in whole or in part, and as provided by you unmodified or Adapted;
- your name will always be credited with your photo;
- you warrant and represent that you have the right to enter into this agreement and to grant the rights to the Photos. By uploading your Photos, you represent and warrant that the Photos are entirely your sole and original creation and that use of your Photos as described herein does not and will not violate any law or infringe any right of any third party, including any copyright, trademark patent, trade secret or other intellectual property right, or any right of publicity or privacy;
- Uploaded photos and/or videos may not contain any image or depiction of the following: (i) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (ii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, email addresses or license plate numbers; (iii) inappropriate behavior for a general audience; (iv) any depiction of real or simulated sexual acts; (v) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (vii) materials which are derogatory to any affiliated entity or person; (viii) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference. Submissions that do not conform to these guidelines will be removed from the platform.
- Indemnification. By uploading your Photos, you agree that you shall indemnify, defend, and hold harmless Nat Hab, from and against any claims, judgments, damages, liabilities, settlements, losses, costs, and expenses, including attorneys' fees and disbursements, arising from or relating to (a) bodily injury, death of any person, or damage to real or personal property resulting from your acts or omissions; or (b) any breach by you of your representations, warranties, or other obligations hereunder.
- You hereby waive your right to injunctive and other equitable relief in the event of a dispute with Nat Hab.
- You have no right to enjoin or interfere with Nat Hab’s publication or other use of the Photos. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
- This Agreement and all matters arising out of or relating to this Agreement shall be governed by the laws of Colorado, without giving effect to any conflict of laws provisions thereof that would result in the application of the laws of a different jurisdiction. Either party shall institute any legal suit, action, or proceeding arising out of or relating to this Agreement in the federal or state courts in each case located in Colorado, nd each party irrevocably submits to the exclusive jurisdiction of such courts in any legal suit, action, or proceeding.
- This Agreement, including any exhibits and schedules, constitutes the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No amendment to this Agreement is effective unless it is in writing and signed by an authorized representative of each party. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement nor invalidate or render unenforceable such term or provision in any other jurisdiction.