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 RIGHTS-REQUEST, AND IMPLEMENTING THE DESIGNATED HASHTAG (#minocquaapproved) (“HASHTAG”) WITHIN YOUR RESPONSE OR (2) COMPLETING REGISTRATION EITHER IN RESPONSE TO A REQUEST OF RIGHTS VIA REGISTRATION OR COMPLETING THE CUSTOMER INITIATED REGISTRATION PROCESS, YOU ACCEPT ANY AND ALL TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WAIVING ANY AND ALL RIGHTS AND BENEFITS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT IMPLEMENT THE DESIGNATED HASHTAG IN YOUR RESPONSE TO THE RIGHTS-REQUEST OR COMPLETE THE REGISTRATION PROCESS.
By either (1) responding to the rights-request with the Hashtag (“Responding”) or (2) completing registration either in response to a request of rights via registration or completing the customer initiated registration process and agreeing to be bound by the terms and conditions (“Registering”) (collectively, Rights Request and Registration are hereinafter referred to as “Accepting the Terms”), I grant to the Minocqua Area Chamber of Commerce (“MACC”), 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 MACC’s sole and absolute discretion, including without limitation on MACC’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 MACC or their affiliates deem appropriate at MACC’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) MACC 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) MACC 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 MACC has created a limited public forum which is limited to Content related to the Minocqua Area 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 MACC; (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 Minocqua Area 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 MACC 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 MACC, 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 MACC, 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 MACC related in any way, either directly or indirectly, to MACC’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 understand and agree that MACC may, at its sole discretion, change these Terms and conditions at any time. Any such change will be posted on https://minocqua.org/.
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 MACC’s 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, MACC, or any of MACC’s affiliates or by any third person to create the relationship of principal and agent between myself and MACC, and I shall not, at any time, or in any manner, represent that I am in any manner an agent or employee of MACC. I understand and agree that I shall have no authority, expressed or implied, to act on behalf of MACC in any capacity whatsoever as an agent, nor shall I have any authority, expressed or implied, to bind MACC to any obligation whatsoever.
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