The terms and conditions below cover Omni Hotels Management Corporation’s (“Omni Hotels & Resorts”) use of your Content (as hereinafter defined) that you submit to Omni Hotels & Resorts. To submit your Content, comment “#omniapproved” on any social media post (i.e. Facebook, Instagram, Twitter, Pinterest, or otherwise) in response to Omni Hotels & Resorts request to use your Content. These terms and conditions will be referred to throughout this document as “Terms.” Please read all Terms before submitting your Content and agreeing to them.
1. TERMS
By commenting "#omniapproved” and submitting your Content to us or by otherwise agreeing to our use of your Content, you are agreeing to be bound by these Terms, and, you further agree that you have read and fully understand these Terms and will comply with them in their entirety.
2. COPYRIGHT
You agree that you will not submit an image or video that you did not take yourself or do not have permission to submit to us. You represent to us that you have taken the image or video yourself and own the copyright to the image or video, or have received the express permission of the copyright owner to have the image or video used and shared by us in accordance with these Terms.
3. PERMISSION OF PERSON(S) CAPTURED IN IMAGE OR VIDEO
You represent to us that you have permission to capture the image or video of any person(s) appearing in the image or video and have their consent to have their image and name used by Omni Hotels & Resorts and you further representant to us that you will not submit any pictures of minors in the Content unless you are the parent or legal guardian of such minor(s) or you have express permission from the parent or legal guardian of such minor(s). You represent to us that you have express permission of everyone who appears in the image or video (and their parent or guardian, if applicable) to be photographed or filmed and have the image or video and their names used and shared by Omni Hotels & Resorts in accordance with these Terms.
4. OMNI HOTELS & RESORTS USE OF CONTENT
You keep all ownership rights to any image, video or other content but give us permission to use the image or video as determined by us. By submitting, or otherwise agreeing to our use of an image, video or other content, including but not limited to photo captions and your username (collectively, “Content”), you grant us the worldwide, unrestricted, royalty-free, irrevocable, sub-licensable right to (a) publish, publicly display and perform, modify, edit, alter and otherwise use the Content in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format now existing or hereafter created, including but not limited to print or recorded material, websites, and social media platforms; and (b) use your name, commentary, and other information about you in connection with the Content. We reserve the right to use, not use, or discontinue using any Content in our sole discretion at any time.
5. THE CONTENT YOU SUBMIT
You agree not to submit any Content that: (a) infringes any intellectual property rights of any other person or third party, (b) defames or invades the privacy or publicity rights of any person, living or deceased, or infringes upon any person’s or third party’s personal, property, or other right, (c) is inappropriate, sexually explicit, harassing, abusive, harmful, violent, or otherwise objectionable or offensive in any way, and (d) violates any law, statute, ordinance, or regulation.
6. DISPUTE RESOLUTION, WAIVER, AND INDEMNITY
If you have a disagreement with us or think any of your Content has been used without your permission or in violation of your rights, please let us know. You can reach at [email protected]. You irrevocably waive all rights and agree to release and hold harmless Omni Hotels & Resorts and its affiliates from any and all claims, costs, expenses, damages, causes of action and/or liabilities, of any nature, whether direct or indirect, known or unknown, foreseen or unforeseen, arising out of or relating to the Content, including but not limited to defamation; invasion of the rights of privacy or publicity; violation or any moral or artist rights; personal injury, damage to property, or any other similar matter. You further agree to defend, indemnity and hold harmless Omni Hotels & Resorts and its affiliates from any claim or cause of action related to your violation of any these Terms.
7. ENFORCEABILITY:
If any provision(s) of these Terms (or any part thereof) are held to be invalid or unenforceable, all remaining provisions (or any part thereof) hereof will remain in full force and effect.
8. DEFINITION
When we refer to “Omni Hotels & Resorts” or “us” or “our” or “we” in these Terms, we mean Omni Hotels & Resorts and its parents, affiliates, subsidiaries, successors, sub-licensees and assigns.
9. CONTACT US
If you have any questions about our Terms, please contact us at [email protected].
Effective Date: February 23, 2021