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Terms and Conditions

BY RESPONDING WITH #YESHNC “I AGREE TO THE TERMS AND CONDITIONS” I CONFIRM THAT I HAVE REACHED THE AGE OF MAJORITY IN MY JURISDICTION OF RESIDENCE AND AM LEGALLY ENTITLED TO ENTER INTO THIS CONSENT AND RELEASE ON MY OWN BEHALF, THAT I HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS OF THIS CONSENT AND RELEASE AND THAT IT IS MY INTENTION TO ENTER INTO AN AGREEMENT TO WAIVE MY RIGHTS, INCLUDING MY RIGHT TO MAKE A CLAIM, WITH RESPECT TO THE USE OF MY CONTENT (AS DEFINED BELOW).

For good and valuable consideration, including the opportunity to participate in Hornblower Niagara Cruises advertising and tourism related initiatives, the receipt and sufficiency of which are hereby acknowledged, I, on behalf of myself and my successors, heirs and assigns, hereby agree with Hornblower Niagara Cruises as follows:

  1. License. By responding with #YESHNC, you: (i) grant to Hornblower Niagara Cruises and its sub-licensees and assigns, in perpetuity, a non-exclusive, sub-licensable, assignable, fully transferable license to use, publish, display, reproduce, distribute, broadcast, communicate, modify, translate, edit or otherwise use your photo(s), video(s), accompanying comment(s), your username, and your image, likeness, voice, or other personal information as may be contained therein (collectively the “Content”), in whole or in part, for advertising or promotional purposes, including, without limitation, the use of the Content on websites, including in social media such as Facebook, Twitter, Instagram, Snapchat, Google+, YouTube, on consumer facing websites, in online videos, email marketing and other digital channels (collectively the “Purpose”); and (ii) waive all moral rights in and to your Content in favour of Hornblower Niagara Cruises (and anyone authorized by Hornblower Niagara Cruises to use the Content).
  2. Representations and Warranties. By responding with #YESHNC, you warrant, represent, and agree that:

    1. You have reached the age of majority in your jurisdiction of residence;
    2. Your Content (and each individual component thereof) is wholly original to you (i.e. you are the original photographer/videographer), that you are its sole owner, and that you have obtained all necessary ancillary rights, permissions and licenses in and to the Content (and all individual components thereof) to agree to these Terms and Conditions;
    3. You have previously publicly published your content on your Instagram, Facebook, Twitter account, or other such social media account and that your Content was not scripted, professionally produced, contracted, directed or paid for;
    4. Your Content (and each individual component thereof) does not violate any law, statute, ordinance or regulation;
    5. Your Content (and each individual component thereof) does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
    6. Your Content (and each individual component thereof) will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party;
    7. You shall have no right of approval, no claim to additional compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of your Content under these Terms and Conditions;
    8. Your Content (and each individual component thereof) is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: dangerous or unsafe behaviour or depictions; nudity (partial or otherwise); alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals who have not provided their consent; telephone numbers and/or addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services; any identifiable third party products, trade-marks, brands and/or logos; and/or any other content that is or could be considered inappropriate, disparaging, unsuitable or offensive, all as determined by Hornblower Niagara Cruises in its sole and absolute discretion.
  3. Indemnity. You hereby agree to release, indemnify and hold harmless Hornblower Niagara Cruises its advertising and promotion agencies, and each of their respective agents, employees, directors, successors, and assigns from and against any and all claims related, directly or indirectly, to your Content – including, without limitation, claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action.
  4. Privacy. You understand that the personal information in your Content is being collected under Section 4 of the Privacy Act (Canada) for the Purpose set out above in accordance with the Hornblower Niagara Cruises Privacy Policy. You understand that you may direct any questions regarding the collection of your personal information under these Terms and Conditions to Hornblower Niagara Cruises using the information set out in our Privacy Policy.

Unless and until you notify Hornblower Niagara Cruises otherwise in writing, you consent, effective as of the date you agree to these Terms and Conditions, for the Purpose, to:

  1. the storage of your Content and personal information, inside or outside of Canada, by Hornblower Niagara Cruises and its service providers, representatives or other third parties;
  2. access to your Content and personal information, inside or outside of Canada, by Hornblower Niagara Cruises, its service providers, representatives or other third parties and the general public; and
  3. disclosure of your Content and personal information, inside or outside of Canada, to Hornblower Niagara Cruises’ service providers, representatives or other third parties and to the general public.
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