Terms and Conditions

PLEASE READ THESE SUBMISSION TERMS (“TERMS”) CAREFULLY. THEY CONTAIN IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU MAKE A SUBMISSION TO A Travel Nevada WEBSITE ON WHICH THESE TERMS APPEAR (A “SITE”) OR SEND THE HASHTAGS #YESTravel Nevada AND/OR #YESTN TO Travel Nevada, YOU ARE CONFIRMING THAT YOU HAVE AGREED TO BE BOUND BY THESE TERMS.

 

You may be viewing these Terms on a small screen. If so, here are the highlights of the Terms below (but please read the complete Terms before submission).

  • You own the photo or other Content (as defined below) that you submit. Nothing in these Terms changes that.
  • You are giving the Nevada Division of Tourism (dba Travel Nevada) a license to use the Content in and on the platforms Travel Nevada uses for advertising, marketing, and/or promotional purposes, including but not limited to social media channels, websites, emails, apps, and print publications (both internal and third party).
  • You are also giving Travel Nevada a license to use your name, image, and other biographic material in conjunction with the Content.
  • If any third party has any rights in your Content (e.g. someone else took a photo or appears in a photo), you represent that you have all the rights and permissions needed from those third parties to grant Travel Nevada the license to use your Content in accordance with these Terms, and nothing in the Content is inappropriate or defamatory.
  • You are releasing Travel Nevada from any liability arising out of its use of the Content as described in these Terms and you promise not to sue Travel Nevada for such use.

 

 

TERMS AND CONDITIONS (LONG FORM) FOR CONTENT PROVIDERS TO THE NEVADA DIVISION OF TOURISM (Travel Nevada), TRAVELNEVADA.COM

 

PARTICIPANT AGREEMENT

By replying to Travel Nevada’s consent request to participate in CrowdRiff (content aggregation tool) with the hashtag #YesTravel Nevada and/or #YesTN, you agree to these Terms and Conditions. The Nevada Division of Tourism (Travel Nevada), doing business as TravelNevada.com, also agrees to abide by these Terms and Conditions. Travel Nevada 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 publically 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 Travel Nevada’s request for consent, you provide Travel Nevada with the right to use and share your Content on their official websites, including but not limited to travelnevada.com, as well as in all of their social media channels, including but not limited to Facebook, Twitter, and Instagram.

 

 

 

Travel Nevada RIGHTS TO USER GENERATED CONTENT

 

By replying to Travel Nevada’s consent request to participate in CrowdRiff (content aggregation tool) with the hashtag #YesTravel Nevada and/or #YesTN, you are agreeing to these Terms and Conditions. You grant Travel Nevada 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 Travel Nevada or their affiliate agents deem appropriate.

 

You agree that you are solely responsible for your Content. Travel Nevada 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. Travel Nevada is not responsible for any loss, theft, misuse, or damage of any kind to your Content.

 

By replying to Travel Nevada’s consent request to participate in CrowdRiff (content aggregation tool) with the hashtag #YesTravel Nevada and/or #YesTN, 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 Travel Nevada 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 Travel Nevada 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.
  • 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 Travel Nevada 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 state of Nevada or their marketing, advertising, commercial or promotional efforts.

 

You agree to irrevocably release and forever discharge Travel Nevada 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 Travel Nevada, Nevada Division of Tourism, the State of Nevada 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 the MOT.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Travel Nevada and its affiliate agents from and against any and 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 or arising from your breach of these terms and conditions. Travel Nevada 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 Travel Nevada’s defense of such claims.

 

MODIFICATIONS TO THESE TERMS AND CONDITIONS

Travel Nevada may, at its sole discretion, change these Terms and Conditions at any time. Any such changes will be posted on travelnevada.com/pages/terms-and-conditions along with the new effective date.

 

TAKEDOWN

Should you want your content removed from the Travel Nevada Website(s), you will need to send a message to the following: info@travelnevada.com. Once Travel Nevada acknowledges receipt of your email request, please allow 30 days for any action to take place.

 

LINKING, CRAWLING AND ARCHIVING

If you would like to link to the Website(s) of Travel Nevada 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 Website Content of Travel Nevada.
  • You may not use any Travel Nevada trademarks, logos, designs, or service marks in your links.
  • You may not create the appearance of a relationship or affiliation with Travel Nevada.
  • 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 Travel Nevada’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 Travel Nevada Website(s), tamper with the aggregation process, or otherwise undermine the legitimate operation of the program maybe be a violation of criminal and civil laws. Should such an attempt be made, Travel Nevada 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 Travel Nevada.

 

GOVERNING LAW

 

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

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