#yesDLV Terms And Conditions
Terms and conditions for content providers to Discover Lehigh Valley, DiscoverLehighValley.com.
By replying to the request of Discover Lehigh Valley to participate in CrowdRiff (content aggregation tool) with the hashtag #yesDLV, you agree to all the terms and conditions in this agreement (“Terms and Conditions” or “Agreement”). Discover Lehigh Valley, which does business using the domain name DiscoverLehighValley.com, also agrees to abide by these Terms and Conditions. Discover Lehigh Valley may terminate its websites or its use of your content at any time at its sole discretion. Any attempt by you to change any of the Terms and Conditions is hereby rejected, and shall not be made part of the Terms and Conditions unless expressly agreed to in writing by an authorized representative of Discover Lehigh Valley.
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 name, username, and image (collectively “Name”) and user-generated content (“Content”) in the form of original photography, video or text.
You understand and agree that your Name and Content will be publicly displayed, and that it will not be treated in confidence. By replying to Discover Lehigh Valley's request to participate, you provide Discover Lehigh Valley with the unlimited, worldwide right to use and share your Name and Content on its website, DiscoverLehighValley.com; in all of its social media channels, such as Facebook, Twitter and Instagram, including both organic posts and paid ads; its printed marketing materials such as the Visitors Guide, and more; digital ads; editorial placements on third-party sites, and other promotional materials of any kind or type.
Discover Lehigh Valley Rights to User Generated Content
By replying to Discover Lehigh Valley's request to participate in CrowdRiff (content aggregation tool) with the hashtag #yesDLV, you are agreeing to these Terms and Conditions. You grant Discover Lehigh Valley and its agents a perpetual, transferable, sublicenseable, 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 Name and 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 Name and Content in any manner and for any purpose, including without limitation: marketing, public relations, advertising, commercial or promotional purposes that Discover Lehigh Valley or its agents deem appropriate. To be clear, Discover Lehigh Valley will have the right, but not the obligation, to use the Name and Content, as authorized in this Agreement
You agree that you are solely responsible for your Content. Discover Lehigh Valley is not required to host, display, or distribute any Content on or through its websites, on social media or otherwise, and may remove Content at any time or refuse Content for any reason. Discover Lehigh Valley is not responsible for any loss, theft, misuse or damage of any kind to your Content.
By replying to Discover Lehigh Valley's request to participate in CrowdRiff (content aggregation tool) with the hashtag #yesDLV, 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 Name and 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 all the rights to Discover Lehigh Valley 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 Discover Lehigh Valley and its 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 or reasonably believed by 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 Discover Lehigh Valley for the use of your Name or 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 Lehigh Valley region or the marketing, advertising, commercial or promotional efforts of the region or Discover Lehigh Valley.
- You irrevocably release and forever discharge Discover Lehigh Valley and its agents, directors, officers, affiliated entities, employees, contractors and third party providers (“Released Parties”) 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 may have against any of the Released Parties, or their respective successors or assigns, arising out of or related in any way to use of your Name, Content or anything contained therein.
You agree to indemnify, defend and hold harmless Discover Lehigh Valley and its agents, directors, officers, affiliated entities, employees, contractors and third party providers (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable attorney’s fees) that any of the Indemnified Parties may incur arising out of or related to the Name, Content or your breach of this Agreement.
Discover Lehigh Valley 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 Discover Lehigh Valley's defense of such claims at your own expense.
You agree that Discover Lehigh Valley or their agents acting on Discover Lehigh Valley's behalf is not responsible for nor has any obligation to pursue legal action against any infringing or alleged infringing party of Content rights.
Modifications to these Terms and Conditions
Discover Lehigh Valley may, at its sole discretion, change these Terms and Conditions at any time. Any changes will be posted on https://www.discoverlehighvalley.com/about-discover-lehigh-valley/hashtag-rights-request-terms-services and will be effective upon posting unless another effective date is specified.
Should you want your Content removed from Discover Lehigh Valley's website (DiscoverLehighValley.com), you will need to send a message to the following: social@DiscoverLehighValley.com. After Discover Lehigh Valley acknowledges receipt of your email request, please allow 30 days for action to be taken.
Linking, Crawling and Archiving
If you would like to link to the website(s) of Discover Lehigh Valley (DiscoverLehighValley.com) 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 content on the websites of Discover Lehigh Valley.
- You may not use any Discover Lehigh Valley intellectual property, including Discover Lehigh Valley's trademarks, logos, designs or service marks in your links.
- You may not create the appearance or impression of a relationship or affiliation between you or any third party and Discover Lehigh Valley.
- Your site or social media channels may not, in the sole discretion of Discover Lehigh Valley, contain offensive, distasteful, illegal or inappropriate content.
- If you would like to use a web crawler or other search tool to gather information from Discover Lehigh Valley'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 the Discover Lehigh Valley website, tamper with the aggregation process, or otherwise undermine the legitimate operation of the CrowdRiff program may be a violation of criminal and civil laws. Should such an attempt be made, Discover Lehigh Valley 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.
Discover Lehigh Valley may, at its sole discretion, contact you after Terms and Conditions are accepted to request if a larger, high-resolution version of the Content is available in the event the original Content is not usable for marketing projects that require high-res photos.
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 Discover Lehigh Valley.