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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:
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.