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Chute Terms and Conditions

Chute Terms and Conditions (long form) for content providers to Visit Overland Park (VOP) and VisitOverlandPark.com

 

USE OF NAME, HANDLE, TEXT, PHOTO, AND LIKENESS. I hereby grant to VOP, its parents, subsidiaries and affiliated companies, and their respective successors and assigns (collectively, the "Permitted Parties") the right and permission to use my name and/or handle, image, and likeness, and the text and photograph I'm posting to a social media platform such as but not limited to Twitter , Facebook and Instagram by using the #visitOP, #visitOverlandPark, or #KCOP hashtag(s) (collectively, the "Content") on the visitoverlandpark.com website, Facebook, Instagram, Twitter and other social media platforms operated by VOP (the "Websites"). I agree that the Content may be distributed, published, exhibited, digitized, displayed, reproduced, and otherwise used, on the Websites, anywhere in the world, at any time, for purposes of advertising or trade in promoting and publicizing the Permitted Parties. I agree that I shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, or copyright infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content and I irrevocably waive any and all so-called moral rights I may have in the Content.

PARTICIPANT AGREEMENT
By replying to VOP’s consent request to participate in Chute (content aggregation tool) with the hashtag #yesOP, you agree to these Terms and Conditions. The organization Visit Overland Park (VOP), doing business as visitoverlandpark.com, also agrees to abide by these Terms and Conditions. VOP may terminate its use of your content at any time at its sole 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, audio or text, or any combination of these forms.

 

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 the organizations’ (see above mentioned) request for consent you provide the organizations’ (see above mentioned) with the right to use and share your Content on their current or future websites including but not limited to visitoverlandpark.com in all of their social media channels including, but not limited to, Facebook, Twitter and Instagram, and in all their advertising and marketing including, but not limited to, print and digital as well as in printed brochures.

 

VOP RIGHTS TO USER GENERATED CONTENT

By replying to VOP’s consent request to participate in Chute (content aggregation tool) with the hashtag #yesOP, you are agreeing to these Terms and Conditions. You grant VOP 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, display, reproduce, modify, create derivative works from (and permit others to do these same things) your Content in any manner and for any purpose, including and without limitations: marketing, advertising, commercial or promotional purposes that VOP or their affiliate agents deem appropriate.

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

 

By replying to VOP’s consent request to participate in Chute (content aggregation tool) with the hashtag #yesOP, 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 text, photography, graphics, audio, video and/or digital recording and performance and any other materials/elements contained in your Content (if any) and/or you have acquired all necessary rights to the materials/elements appearing in your Content to enable you to grant the same rights to the VOP 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 VOP 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, ordinance, or regulation.
  • You were not and will not be compensated or granted any consideration by the organizations (see above mentioned) or any third party for submitting or 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 Overland Park or their marketing, advertising, commercial or promotional efforts.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless the organizations (see above mentioned) and its affiliate agents from and against any and all claims, demands, 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 or in connection with your breach of these terms and conditions. The organizations (see above mentioned) reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the organizations (see above mentioned) defense of such claims.

 

You agree to irrevocably release and forever discharge the organizations (see above mentioned) 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 the VOP, the City of Overland Park or the Overland Park Convention Center and affiliate agents, subsidiaries, employees and third party providers or their respecting successors without limitation resulting from the use of your Content or anything contained therein by the organizations (see above mentioned).

MODIFICATIONS TO THESE TERMS AND CONDITIONS
The organization (see above mentioned) may, at its sole discretion, change these Terms and Conditions at any time. Any such changes will be posted on visitoverlandpark.com or otherwise communicated to you along with the new effective date.

 

LINKING, CRAWLING AND ARCHIVING

If you would like to link to the Website(s) of VOP you must comply with the following guidelines:

  • You must not incorporate any content from these sites 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 the organizations (above).
  • You may not use any VOP trademarks, logos, designs or service marks in your links.
  • You may not create the appearance of a relationship or affiliation with the VOP.
  • 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 VOP’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.

 

TAKEDOWN

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

 

OTHER CONDITIONS/RESTRICTIONS

CAUTION: Any attempt by any individual to deliberately damage any VOP Website(s), tamper with the aggregation process or otherwise undermine the legitimate operation of the program may be a violation of criminal and civil laws. Should such an attempt be made, VOP 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 digital and print assets (including websites), constitute the entire and exclusive agreement between you and VOP. This agreement shall be interpreted regardless of the party who may have prepared it.

 

GOVERNING LAW

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

 

EXCLUSIVE JURISDICTION

Should any disputes arise regarding this agreement or be a need to enforce its terms, the exclusive jurisdiction for handling such matters or claims shall be before the state or federal courts in Johnson County, and the parties to this agreement hereby consent to be subject to the personal jurisdiction of such courts.

 

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