Crowdriff Terms & Services

CROWDRIFF TERMS & CONDITIONS

TERMS AND CONDITIONS FOR CONTENT PROVIDERS TO SAN FRANCISCO TRAVEL ASSOCIATION,  SFTRAVEL.COM, ILLUMINATESF.COM

PARTICIPANT AGREEMENT

By replying to the request of San Francisco Travel Association (“SF Travel”) to participate in Crowdriff (content aggregation tool) with the hashtag #yesSF or by direct upload, you agree to all the terms and conditions in this agreement (“Terms and Conditions” or “Agreement”). SF Travel, which does business using the domain names sftravel.com and illuminatesf.com, also agrees to abide by these Terms and Conditions. SF Travel may terminate its websites or its use of your content at any time at its sole discretion.  Any attempt by you to change any of the Terms and Conditions is hereby rejected, and shall not be made part of the Terms and Conditions unless expressly agreed to in writing by an authorized representative of SF Travel.

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 publically displayed, and that it will not be treated in confidence. In fact, SF Travel expects that many people from around the world will be able to view your Content.  By replying to SF Travel’s request to participate, you provide SF Travel with the unlimited, worldwide right to use and share your Content on its websites, including, for example, sftravel.com and illuminatesf.com, as well as in all of its social media channels, such as Facebook, Twitter and Instagram.

SF TRAVEL RIGHTS TO USER GENERATED CONTENT

By replying to SF Travel’s request to participate in Crowdriff (content aggregation tool) with the hashtag #yesSF or by direct upload, you are agreeing to these Terms and Conditions. You grant SF Travel and its agents a perpetual, transferable, sublicensable, 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 without limitation: marketing, advertising, commercial or promotional purposes that SF Travel or its agents deem appropriate.  To be clear, SF Travel will have the right, but not the obligation, to use the Content, as authorized in this Agreement

You agree that you are solely responsible for your Content. SF Travel is not required to host, display, or distribute any Content on or through its websites, on social media or otherwise, and may remove Content at any time or refuse Content for any reason. SF Travel is not responsible for any loss, theft, misuse or damage of any kind to your Content.

By replying to SF Travel’s request to participate in Crowdriff (content aggregation tool) with the hashtag #yesSF, 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 all the rights to SF Travel 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 SF Travel and its 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 or reasonably believed by 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.
• You will not be compensated or granted any consideration in any way by SF Travel for the 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 San Francisco or the marketing, advertising, commercial or promotional efforts of the City of San Francisco or SF Travel.
• You irrevocably release and forever discharge SF Travel and its agents, directors, officers, affiliated entities,  employees, contractors and third party providers (“Released Parties”) 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 may have against any of the Released Parties,  or their respective successors or assigns, arising out of or related in any way to use of your Content or anything contained therein.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless SF Travel and its agents directors, officers, affiliated entities,  employees, contractors and third party providers (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable attorney’s fees) that any of the Indemnified Parties may incur arising out of or related to the Content or your breach of this Agreement. SF Travel 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 SF Travel’s defense of such claims at your own expense.

MODIFICATIONS TO THESE TERMS AND CONDITIONS

SF Travel may, at its sole discretion, change these Terms and Conditions at any time. Any changes will be posted and will be effective upon posting unless another effective date is specified.

TAKEDOWN

Should you want your content removed from SF Travel’s website(s), you will need to send a message to the following: [email protected].  After SF Travel acknowledges receipt of your email request, please allow 30 days for action to be taken, though SF Travel reserves the right to deny any such request.

LINKING, CRAWLING AND ARCHIVING

If you would like to link to the website(s) of SF Travel you must comply with the following guidelines:

• You must not incorporate any content from this site 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 content on the websites of SF Travel.
• You may not use any SF Travel intellectual property, including SF Travel’s trademarks, logos, designs or service marks in your links.
• You may not create the appearance or impression of a relationship or affiliation between you or any third party and SF Travel.
• Your site or social media channels may not, in the sole discretion of SF Travel, contain offensive, distasteful, illegal or inappropriate content.
• If you would like to use a web crawler or other search tool to gather information from SF Travel’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 SF Travel Website(s), tamper with the aggregation process, or otherwise undermine the legitimate operation of the Crowdriff program maybe be a violation of criminal and civil laws. Should such an attempt be made, SF Travel 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 Website(s) constitute the entire and exclusive agreement between you and SF Travel.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.  Any dispute arising out of or related to this Agreement shall be resolved exclusively in the state or federal courts located in San Francisco, California, and the parties consent to the personal jurisdiction of those courts.