At the Gates South Beach Hotel (the “Hotel”) we respect the intellectual property rights of our guests and others. We have come across photographs and/or videos of the Hotel and/or surrounding areas from your social media stream and/or displayed in other websites available to the public. We would like your permission to utilize these photos/videos for various purposes associated with our business. If you did not take these photographs and/or videos, you are not the author and, thus, cannot authorize their use. Please do not agree to the following terms and conditions if you did not take these photographs and/or videos.
By your affirmative reply “#agree”, you agree to the following terms and conditions set forth below (“Consent”).
You hereby irrevocably grant to Centurian Collins Property Owner, LLC, a Delaware limited liability company, Highgate Hotels, L.P., a Delaware limited partnership, and their respective affiliated entities, agents, employees, legal representatives, successors and assigns, and those acting under the permission of and upon the authority of any of the foregoing, or those for whom any of the foregoing is acting (collectively, the “Hotel Businesses”), a perpetual, irrevocable, nonexclusive, royalty-free license and the absolute right and permission to (1) use and/or sublicense your photos, videos, tweets, posts or other online or electronic content which you have posted on any social media platform (collectively, the “Content”) for any purpose, including creating and distributing copies, reposting in social media; and (2) to edit, change or alter such Content (at Hotel Businesses’ sole discretion), and create derivatives of the Content for its own use, including, blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in any processing for completion of the finished product. You further grant the Hotel Businesses a perpetual, irrevocable, nonexclusive, royalty-free license to use such Content for art, advertising (printed or electronic), trade or any other lawful purpose whatsoever in any media throughout the world, in perpetuity. You hereby waive any right that you may have to inspect and/or approve the finished product or the advertising copy that may be used in connection therewith or the use to which it may be applied.
You acknowledge and understand that you will receive no compensation for your Content, which you have posted on any social media platform, or for the licenses granted above.
You hereby release, discharge and agree to hold harmless the Hotel Businesses from any liability.
You hereby represent and warrant that no portion of the Content was created by any other person and use of the Content by the Hotel Businesses will not (a) infringe upon any intellectual property, right of publicity, license right, or any other proprietary or intellectual property right of any third-party or (b) violate any right(s) or permissions previously granted to any third party. You agree to release, discharge, hold harmless, indemnify, and defend the Hotel Businesses from any and all liability or claims (a) by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in any processing tending towards the completion of the finished product or (b) that the use of the Content pursuant to this Consent violates any third party’s rights.
You hereby represent and warrant that you are at least eighteen (18) years of age.