USER GENERATED CONTENT TERMS & CONDITIONS

Last updated: February 12, 2020

Please read these user generated content terms and conditions (these “UGC Terms”) carefully before submitting Content to our Sites.

By submitting, uploading, posting, publishing, displaying or otherwise making available (collectively, “submit” or “submitting”) content, including, but not limited to, photos, graphics, images, text, audio, video, location information, comments, and other materials (“Content”) to or through our websites, mobile sites, social media sites, applications, blogs, or other platforms (“Sites”), or by using our brand hashtags or a geo-location tag relating to Garden of the Gods and/or a Site to submit Content, or by otherwise submitting Content that relates to Garden of the Gods, you, the user (herein referred to as “you” or “your”), agree to be bound by these UGC Terms and these UGC Terms constitute a fully binding agreement between you and BCWJ813, doing business as Garden of the Gods Resort and Club, and its subsidiaries and affiliates (herein referred to as “Garden of the Gods”, “we”, “us”, and “our”).

Content

We do not claim ownership of any Content that you submit to the Sites. Unless otherwise stated, you retain copyright and other rights already possessed by you over the Content that you submit to the Sites.

By submitting Content:

• You declare and warrant that you own and/or have the necessary rights to submit the Content.
• You represent and warrant that all Content complies with applicable laws and any terms, conditions or standards set out in our general terms and conditions or otherwise made available by us on our Sites, if and as applicable, and does not contain any materials that:
  • Violates or infringes another person’s copyright, trademark or any other intellectual property rights, or privacy, personality or any other right;
  • Contains any material that promotes bigotry, racism, hatred or harm against any group or individual on the basis of race, sex, gender, political beliefs, religion, nationality, sexual orientation or age;
  • Contains or displays any commercial/corporate advertising other than that of Garden of the Gods, including, but not limited to, corporate logos, brand names, trademarks, slogans, political or religious statements;
  • Contains indecent, violent or unsafe behaviour or situations, profanities or obscenities, including but not limited to nudity or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, defamatory, slanderous or libelous;
  • References or depicts public buildings, locations or organizations without their written permission;
  • Disparages any persons or organizations; o Includes threats to any person, place, business or group;
  • Is unlawful, in violation of any federal, provincial, territorial, municipal or local laws or regulations; and/or
  • Refers, depicts or in any way reflects negatively upon Garden of the Gods, its affiliates or its brand.

• You understand that any Content you submit will not be subject to any confidentiality obligations by Garden of the Gods. 33032549
• You understand and agree that you, not Garden of the Gods, are fully responsible for any Content you submit, and you are fully responsible and liable, including to any third party, for such Content. We are not responsible or liable for the Content submitted by you or any other user of the Sites.
• You understand and agree that you are not permitted to use, copy, reproduce, modify, alter, edit, adapt, publish, perform, transmit, broadcast, stream, make available, display, distribute, sell, rent, lease, assign, translate, or create derivative works from any Content which you do not own, or to which you do not have a license or authorization to use, to which you may gain access through use of the Sites.

License Grant

By submitting Content to or through our Site, or by using our brand hashtags or a geo-location tag relating to Garden of the Gods and/or a Site to submit Content, or by otherwise submitting Content that relates to Garden of the Gods, you hereby acknowledge and agree that we may contact you requesting your permission/consent to use such Content. You hereby acknowledge and agree that your permission/consent to our request (however such permission/consent is transmitted to us): (a) grants us and our licensees, successors, and assigns a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, copy, reproduce, modify, alter, edit, adapt, publish, perform, transmit, broadcast, stream, make available, display, distribute, sell, rent, lease, assign, translate, and create derivative works from, such Content, in whole or in part, for any purpose, and to incorporate such Content into any form, medium or technology without compensation to you; (b) grants us and our licensees, successors, and assigns the right to use your name and other identifying information including, but not limited to, your username, social media identifier or handle, image, likeness, image, photo, and voice, in connection with such Content; and (c) is an express waiver of any moral rights you may have to such Content.

You represent and warrant that you have the right to grant the foregoing licenses to us and our licensees, successors, and assigns.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Garden of the Gods, its directors, officers, employees, shareholders, affiliates, subsidiaries, partners, licensors, suppliers, representatives, agents, contractors, successors, and assigns from and against any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or in connection with: (i) your use of the Sites, or the Content you submit; (ii) your breach or violation of these UGC Terms; or (iii) your violation of the rights of another person or entity.