User Generated Content AuthorizationTerms of Use
These terms and conditions concern the use by Radisson Hospitality, Inc. and any of its affiliates, subsidiaries, parents and successors, as well as anyone authorized by them in accordance with these terms and conditions (hereafter collectively the "Radisson Hotels Americas", "we" or "us") of the content, including but not limited to videos, images, gifs, as posted by you on social media including Instagram, Facebook, Weibo and WeChat (the "Content") in marketing campaigns and any other types of promotion of its brands.
1. Acceptance
In case Radisson Hotels Americas is interested in using your Content, we shall request your acceptance of these terms and conditions via commenting on the Content as posted by you on the relevant social media page, including on Instagram. Our request shall include a reference to these terms and conditions.
We require a response from you to approve our use of your Content. To permit Radisson Hotels Americas use of your Content in accordance with these terms and conditions and indicate your acceptance of these terms and conditions, simply reply by using the hashtag #YesRHAmericas.
2. Use of the Content
You hereby grant Radisson Hotels Americas and any of its affiliates, subsidiaries, parents and successors, as well as anyone authorized by them in accordance with these terms and conditions, a perpetual, exclusive and unencumbered right to edit, alter, copy, exhibit, transmit, distribute, communicate to the public, publish and otherwise use the Content, including where relevant your image contained therein, in marketing campaigns and any other types of promotion of its brands, including publication on social media pages of Radisson Hotels Americas or its brands, or for any similar other lawful purpose, as determined by Radisson Hotels Americas, to the largest extent permitted under applicable law including with respect to territorial, time-related and other restrictions.
Notwithstanding this right granted to Radisson Hotels Americas, Radisson Hotels Americas does not guarantee that the requested Content will be used.
By accepting these terms and conditions, you waive: (a) the right to inspect or approve any finished product wherein the Content appears; and (b) the right to receive any monetary or other compensation for any use made of the Content by Radisson Hotels Americas in accordance with this Clause 2.
3. Use of third party's image
In the event that the Content contains any material embodying and/or depicting the names, likenesses, voices, or other indicia identifying any individual including, without limitation, a celebrity and/or another public or private figure, living or deceased (the "Image"), you:
(a) warrant and represent that such individual has granted you a perpetual and unencumbered right to edit, alter, copy, exhibit, transmit, distribute, communicate to the public, publish and otherwise use the Image, for any lawful purpose and to the largest extent permitted under applicable law including with respect to territorial, time-related and other restrictions, and that you are allowed to assign this right to a third party;
(b) warrant and represent that such individual has waived the right to inspect or approve any finished product wherein the Image appears and has waived the right to receive any monetary or other compensation for any use made of the Image by you or by any third party;
(c) grant Radisson Hotels Americas and any of its affiliates, subsidiaries, parents and successors, as well as anyone authorized by them in accordance with these terms and conditions, a perpetual and unencumbered right to edit, alter, copy, exhibit, transmit, distribute, communicate to the public, publish and otherwise use that individual's image in marketing campaigns and any other types of promotion of its brands, including publication on social media pages of Radisson Hotels Americas or its brands, or for any similar other lawful purpose, as determined by Radisson Hotels Americas, to the largest extent permitted under applicable law including with respect to territorial, time-related and other restrictions.
4. Data protection
Radisson Hotels Americas will process any personal data included in the Content for the purpose of creating and conducting marketing campaigns and other types of promotion of its brands. Personal data included in the Content will be processed in accordance with Radisson Hotels Americas privacy policy, which you may find here and which we invite you to read.
In the event that personal data of third parties is included in the Content, you shall inform each individual concerned of the fact that his/her personal data will be processed by Radisson Hotels Americas for the purpose as set out in these terms and conditions, refer each individual to Radisson Hotels Americas privacy policy and invite the individual to read that privacy policy.
Any questions, comments, remarks, or complaints regarding the processing of your personal data included in the Content are welcome and should be addressed to [privacyquestion@radissonhotelsamericas.com].
5.Warranties
You warrant and represent that:
(a) the Content does not contain any copyrighted works owned by third parties (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), nor contains any other intellectual property rights such as trademarks, logos or design rights owned by third parties without their permission;
(b) the Content does not defame, misrepresent or contain disparaging remarks about other individuals or organizations;
(c) the Content does not violate Instagram's Terms of Use, which can be found here, Facebook’s Terms of Use, which can be found here, Weibo’s Terms of Use, which can be found here, WeChat’s Terms of Use, which can be found here, Twitter’s Terms of Use, which can be found here, YouTube’s Terms of Use, which can be found here and Pinterest’s Terms of Use, which can be found here;
(d) the Content does not violate a third party's legal rights and does not in any other way violate applicable law; and
(e) you have reached the age of majority in your U.S. state of residence (19 in AL or NE, 18 or older in all other states), or, if you reside outside the U.S., in your country of residence and that you have the legal right and authority to grant and/or waive the rights as outlined in these terms and conditions.
6. Liability
You release Radisson Hotels Americas, to the largest extent permitted under applicable law, from any and all rights, claims and damages which you, your heirs, representatives or any other persons acting on your behalf as well as any individuals whose image is contained in the Content in any way, have or may have arising out of the use of the Content by Radisson Hotels Americas or any of its affiliates, subsidiaries, parents, successors and assigns, as well as anyone authorized by any of them.
For jurisdictions not authorizing a perpetual license, the rights granted under these terms will be for a duration equivalent to the entire duration of copyright protection