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TERMS AND CONDITIONS FOR CONTENT PROVIDERS TO Destination Marketing Corporation for Otsego County

PARTICIPANT AGREEMENT

By replying to Destination Marketing Corporation for Otsego County's consent request to participate in Chute (content aggregation tool) with the hashtag #YesOtsego, you agree to these Terms and Conditions. Destination Marketing Corporation for Otsego County doing business as thisiscooperstown.com also agrees to abide by these Terms and Conditions. Destination Marketing Corporation for Otsego County may terminate its Websites or its use of your content at any time at its 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 or text.

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 Destination Marketing Corporation for Otsego County's request for consent, you provide Destination Marketing Corporation for Otsego County with the right to use and share your Content on their official websites including but not limited to thisiscooperstown.com as well as emails, print publications, and in all Destination Marketing Corporation for Otsego County social media channels including, but not limited to, Instagram, Facebook and Twitter.

DESTINATION MARKETING CORPORATION FOR OTSEGO COUNTY RIGHTS TO USER GENERATED CONTENT

By replying to Destination Marketing Corporation for Otsego County's consent request to participate in Chute (content aggregation tool) with the hashtag #YesOtsego you are agreeing to these Terms and Conditions. You grant Destination Marketing Corporation for Otsego County 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 (and permit others to use) your Content in any manner and for any purpose, including and without limitations: marketing, advertising, commercial or promotional purposes that Destination Marketing Corporation for Otsego County or their affiliate agents deem appropriate.

You agree that you are solely responsible for your Content. Destination Marketing Corporation for Otsego County 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. Destination Marketing Corporation for Otsego County is not responsible for any loss, theft, misuse or damage of any kind to your Content.
By replying to Destination Marketing Corporation for Otsego County's consent request to participate in Chute (content aggregation tool) with the hashtag #YesOtsego 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 audio, video and or digital recording and performance contained in your Content (if any) and/or you have acquired all necessary rights to the elements appearing in your Content to enable you to grant the same rights to Destination Marketing Corporation for Otsego County 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
• any information contained in your Content is not known to you to be false, inaccurate or misleading
• your Content does not violate any law
• you were not and will not be compensated or granted any consideration by any third party for submitting 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 Destination Marketing Corporation for Otsego County or their marketing, advertising, commercial or promotional efforts

By replying to Destination Marketing Corporation for Otsego County's consent request to participate in Chute (content aggregation tool) with the hashtag #YesOtsego, specifically agree that:
• you agree to release and allow all creative license and creative treatment in the use and production of your Content at the discretion of Destination Marketing Corporation for Otsego County and its affiliate agents
• you voluntarily agree to waive all "moral rights" that you may have to your Content
• you will not be compensated or granted any consideration in any way by Destination Marketing Corporation for Otsego County for the use of your Content
• you will not upload, post, e-mail or otherwise transmit any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
• you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity

You agree to irrevocably release and forever discharge Destination Marketing Corporation for Otsego County 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 Destination Marketing Corporation for Otsego County, and affiliate agents, subsidiaries, employees and third party providers or their respecting successor without limitation resulting from the use of your Content or anything contained therein by Destination Marketing Corporation for Otsego County.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Destination Marketing Corporation for Otsego County and its affiliate agents from and against all claims, liabilities, damages, losses, costs, expenses or fees (including a reasonable amount of attorney's fees) that such parties may incur as a result of: (i) your use of and access to Chute; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, trademark or privacy right; or (iv) any claim that your Content caused damage to a third party. Destination Marketing Corporation for Otsego County reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with Destination Marketing Corporation for Otsego County's defense of such claims.

MODIFICATIONS TO THESE TERMS AND CONDITIONS

Destination Marketing Corporation for Otsego County may, at its sole discretion, change these Terms and Conditions at any time. Any such changes will be posted on http://www.thisiscooperstown.com/terms-conditions along with the new effective date.

CONTENT REMOVAL

Should you want your content removed from thisiscooperstown.com properties, you will need to send a message with the request to social@bbggadv.com. Once Destination Marketing Corporation for Otsego County acknowledges receipt of your email request, please allow 30 days for any action to take place. Previously approved content already scheduled for or in print cannot be taken removed.

GENERAL

These Terms and Conditions and the Privacy Statement together with any additional terms to which you agree when using particular elements of the Website(s) constitute the entire and exclusive agreement between you and Destination Marketing Corporation for Otsego County. To view Destination Marketing Corporation for Otsego County's privacy policy, visit insert link here.

GOVERNING LAW

These terms shall be governed by the laws of the state of New York. Should any and all legal disputes connected with the Content arise, resolution will take place in accordance with the laws of the state of New York.