Chute Terms and Conditions (long form) for content providers to Rancho Cordova Travel & Tourism (RCTT), and visitranchocordova.com
PARTICIPANT AGREEMENT By replying to RCTT’s consent request to participate in Chute (content aggregation tool) with the hashtag #yesRanchoCordova, you agree to these Terms and Conditions. The organization Rancho Cordova Travel & Tourism (RCTT), doing business as visitranchocordova.com also agrees to abide by these Terms and Conditions. RCTT may terminate its use of your content at any time at its sole discretion.
ALLOWABLE PARTICIPANTS 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 user generated content (Content) in the form of original photography, video, audio or text, or any combination of these forms.
NON-CONFIDENTIALITY You understand and agree that your Content will be publicly displayed, and it will not be treated in confidence. In fact, many people from around the world will be able to view your Content and by replying to the organizations’ (see above mentioned) request for consent you provide the organizations’ (see above mentioned) with the right to use and share your Content on their current or future websites including but not limited to visitranchocordova.com, in all of their social media channels including, but not limited to, Facebook, Twitter, Instagram, YoutTube and LinkedIn, and in all their advertising and marketing including, but not limited to, print and digital as well as in printed brochures.
RCTT RIGHTS TO USER GENERATED CONTENT By replying to RCTT’s consent request to participate in Chute (content aggregation tool) with the hashtag #yesRanchoCordova, you are agreeing to these Terms and Conditions. You grant RCTT and affiliate agents a perpetual, transferable, 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 Content (or any modification thereto) in whole or in part, in any format or medium now known or
later developed; and (b) use, display, reproduce, modify, create derivative works from (and permit others to do these same things) your Content in any manner and for any purpose, including and without limitations: marketing, advertising, commercial or promotional purposes that RCTT or their affiliate agents deem appropriate.
You agree that you are solely responsible for your Content. The RCTT is not required to host, display, or distribute any Content on or through their Websites and may remove Content at any time or refuse Content for any reason. RCTT is not responsible for any loss, theft, misuse or damage of any kind to your Content.
By replying to RCTT’s consent request to participate in Chute (content aggregation tool) with the hashtag #yesRanchoCordova, 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 Content including without limitation, all rights to the text, photography, graphics, audio, video and/or digital recording and performance and any other materials/elements contained in your Content (if any) and/or you have acquired all necessary rights to the materials/elements appearing in your Content to enable you to grant the same rights to the RCTT 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 RCTT and its affiliate 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 you to be false, inaccurate or misleading.
- Your Content does not violate any law, ordinance, or regulation.
- You were not and will not be compensated or granted any consideration by the organizations (see above mentioned) or any third party for submitting or use of your 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 City of Rancho Cordova or Rancho Cordova Travel & Tourism or their marketing, advertising, commercial or promotional efforts.
INDEMNIFICATION You agree to indemnify, defend and hold harmless the organizations (see above mentioned) and its affiliate agents from and against any and all claims, demands, liabilities, damages, losses, costs, expenses or fees (including a reasonable amount of attorney’s fees) that such parties may incur as a result of or arising from or in connection with your breach of these terms and conditions. The organizations (see above mentioned) reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the organizations (see above mentioned) defense of such claims.
You agree to irrevocably release and forever discharge the organizations (see above mentioned) and its affiliate agents, subsidiaries, employees and third party providers 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 can, shall or may have against the RCTT, the Rancho Cordova Travel & Tourism organization and affiliate agents, subsidiaries, employees and third party providers or their respecting successors without limitation resulting from the use of your Content or anything contained therein by the organizations (see above mentioned).
MODIFICATIONS TO THESE TERMS AND CONDITIONS The organization (see above mentioned) may, at its sole discretion, change these Terms and Conditions at any time. Any such changes will be posted on visitranchocordova.com or otherwise communicated to you along with the new effective date.
LINKING, CRAWLING AND ARCHIVING If you would like to link to the Website(s) of RCTT you must comply with the following guidelines:
- You must not incorporate any content from these sites 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 Website Content of the organizations (above).
- You may not use any RCTT trademarks, logos, designs or service marks in your links.
- You may not create the appearance of a relationship or affiliation with the RCTT.
- Your site or social media channels may not contain offensive, distasteful, illegal or inappropriate Content.
If you would like to use a web crawler or other search tool to gather information from RCTT’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.
OTHER CONDITIONS/RESTRICTIONS CAUTION: Any attempt by any individual to deliberately damage any RCTT Website(s), tamper with the aggregation process or otherwise undermine the legitimate operation of the program may be a violation of criminal and civil laws. Should such an attempt be made, RCTT 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.
GENERAL These Terms and Conditions and the Privacy Statement together with any additional terms to which you agree when using particular elements of the digital and print assets (including websites), constitute the entire and exclusive agreement between you and PSBOT. This agreement shall be interpreted regardless of the party who may have prepared it.
GOVERNING LAW These terms shall be governed by California law. Should any and all legal disputes connected with the Content arise, resolution will take place in accordance with the laws of California.
EXCLUSIVE JURISDICTION Should any disputes arise regarding this agreement or be a need to enforce its terms, the exclusive jurisdiction for handling such matters or claims shall be before the state or federal courts in Sacramento county, and the parties to this agreement hereby consent to be subject to the personal jurisdiction of such courts.