CROWDRIFF TERMS AND CONDITIONS
PLEASE READ THE TERMS AND CONDITIONS (“TERMS”) CAREFULLY AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY (1) RESPONDING TO THE CROWDRIFF RIGHTS-REQUEST, AND IMPLEMENTING THE DESIGNATED HASHTAG (#YesIrvineCA) (“HASHTAG”) WITHIN YOUR RESPONSE, OR BY UPLOADING YOUR PHOTO(S) TO “COLLECTOR,” YOU ACCEPT ANY AND ALL TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WAIVING ANY AND ALL RIGHTS AND BENEFITS WHICH MAY BE CONFERRED UPON YOU BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT IMPLEMENT THE DESIGNATED HASHTAG IN YOUR RESPONSE TO THE RIGHTS-REQUEST.
By responding to the Crowdriff rights-request with Hashtag YesIrvineCA (#YesIrvineCA”), or by uploading your photo(s) to their “collector,” and agreeing to be bound by the terms and conditions (collectively, Rights Request and Registration are hereinafter referred to as “Accepting the Terms”), I grant to The City of Irvine / Destination Irvine, a non-exclusive, perpetual, irrevocable, transferrable, worldwide, and royalty-free right and license, to (1) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or work, publish, translate, publicly perform, publicly broadcast and publicly display any and all user-generated content which I post on social media site(s), (“Content”), in whole or in part, in any format or medium now known or later developed, at The City of Irvine / Destination’s sole and absolute discretion, including without limitation on The City of Irvine / Destination Irvine’s website, print or online advertising, and/or social media site(s); and (2) use (and permit others to use) the Content in any manner and for any purposes, including without limitations: marketing, advertising, commercial or promotion purposes that The City of Irvine / Destination Irvine or their affiliates deem appropriate at The City of Irvine / Destination Irvine’s sole and absolute discretion; in exchange for valuable consideration, the receipt and sufficiency of which is expressly acknowledged.
By Accepting the Terms, I agree that (1) I am solely responsible for the Content; (2) The City of Irvine / Destination Irvine is not required to host, display, or distribute any Content anywhere and may remove Content at any time or refuse Content for any lawful reason; (3) The City of Irvine / Destination Irvine is not responsible for any loss, theft, misuse, or damage of any kind to the Content; (4) I will not upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable; and (5) I will not impersonate any person or entity or falsely state or otherwise misrepresent affiliation with a person or entity. I understand and agree that The City of Irvine / Destination Irvine has created a limited public forum which is limited to Content related to Greater Irvine, CA tourism and hospitality industry.
By Accepting the Terms, I represent and warrant that (1) I own all rights in and to the Content and that I have the necessary authority to grant the aforementioned license, or, in the alternative, I represent and warrant I am authorized to and otherwise possess all rights necessary to grant the license to the Content to The City of Irvine / Destination Irvine; (2) that the Content does not contain any libelous material; infringe upon any trade name, trademark, or copyright; or invade or violate any right of privacy, personal right, or other common law or statutory right; (3) the Content is related to Greater Irvine, CA tourism and hospitality industry; (4) I have not granted any person or entity any rights to the Content which would be in conflict with the grant of rights herein, and that I am unaware of any facts that would put a reasonable person on notice of the likelihood of any claims in connection with the Content; and (5) I am at least eighteen (18) years of age and have the legal right to enter into this agreement.
I understand that I will not be compensated or granted any additional consideration or compensation by The City of Irvine / Destination Irvine or any third party, now or in the future, for submitting the Content and granting the license.
I agree to defend, hold harmless and indemnify The City of Irvine / Destination Irvine, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, expenses, liabilities, or injuries, whether direct or indirect (including any and all costs and expenses, including attorney’s fees, in connection therewith), in connection with the grant or rights described herein and warranties given hereunder except for any such claim arising out of the sole negligence or willful misconduct of The City of Irvine / Destination Irvine, its officers, agents, employees or volunteers.
I hereby voluntarily waive any and all rights I may have to sue or otherwise pursue any action or claim against The City of Irvine / Destination Irvine related in any way, either directly or indirectly, to The City of Irvine / Destination Irvine’s use of the Content in accordance with these Terms and further waive any and all moral rights I may have in and to the Content.
I expressly waive any and all rights and benefits conferred upon me by the provisions of Section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claim that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected. I further represent and warrant that I understand this waiver and that if I do not understand this waiver, I shall seek the advice of a qualified attorney before executing this instrument.
I understand and agree that The City of Irvine / Destination Irvine may, at its sole discretion, change these Terms and conditions at any time. Any such change will be posted on https://www.destinationirvine.com/ or https://www.cityofirvine.org/.
These Terms shall be governed by the laws of the state of California. All proceedings involving disputes over the terms, provisions, covenants or conditions contained herein and all proceedings involving any enforcement action related to these Terms shall be initiated and conducted in the applicable court or forum in Orange County, California.
I understand and agree that the Content will be publicly displayed and it will not be treated as confidential. I further understand and agree that the Content and related information may be subject to release in response to a request under the Public Records Act and the content and related information may be subject to The City of Irvine / Destination Irvine records retention policies.
Nothing herein is intended to provide that the benefits of this Agreement shall inure to any third party, nor shall any provision herein be so construed.
Nothing herein shall be deemed, construed or represented by myself, The City of Irvine / Destination Irvine, or any of The City of Irvine / Destination Irvine’s affiliates or by any third person to create the relationship of principal and agent between myself and The City of Irvine / Destination Irvine, and I shall not, at any time, or in any manner, represent that I am in any manner an agent or employee of The City of Irvine / Destination Irvine. I understand and agree that I shall have no authority, expressed or implied, to act on behalf of The City of Irvine / Destination Irvine in any capacity whatsoever as an agent, nor shall I have any authority, expressed or implied, to bind The City of Irvine / Destination Irvine to any obligation whatsoever.
