User Generated Content Terms and Conditions
Last modified: [22/02/2017]
The Department of Tourism and Commerce Marketing ("DTCM") and its affiliates, including, but not limited to, Dubai Corporation for Tourism and Commerce Marketing, Dubai Business Events and Dubai Calendar, and Dubai Festivals and Retail Establishment, (collectively, "Dubai Tourism", "we", "our" or "us"), own and/or operate various websites, microsites, online social media platforms, online forums and other technological platforms in whatever form including, but not limited to, message boards, blogs, comment boards, social networks, and social media sites, pages, accounts and platforms, whether part of a sponsored site, managed through a third party vendor or hosted by a third party that permit you and others to submit, publish, post, share and use content (collectively, "User-Generated Websites"). By registering, accessing and participating in the User-Generated Websites, and by uploading, posting and/or contributing text, images, photos, audio, video, location data, and all other forms of data or communication ("User-Generated Content") on the User-Generated Websites, you accept and agree to the following User Generated Content Terms and Conditions (these "Terms and Conditions").
for its platforms which are fully incorporated herein by reference. We may change these Terms and Conditions from time to time without notice to you. Your continued use of the User- Generated Websites will be deemed acceptance of the updated or amended terms.
Our Right to Use User-Generated Content and Ownership
You hereby agree to grant to Dubai Tourism, its affiliates, agents, representatives and others working for or on its behalf (including without limitation its third-party service providers who provide content management services, and its retail partners), and their respective licensees, affiliates, successors, and assigns (collectively, the "Licensed Parties"), for good and valuable consideration, the sufficiency of which is acknowledged by you, a worldwide, perpetual, non-exclusive, royalty-free, fully-paid, unrestricted, transferable, sub-licensable, irrevocable and unlimited license, right and permission to use the User-Generated Content you submit in any manner determined by the Licensed Parties' in their sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, distribute, publish, exhibit, digitize, broadcast, display, disclose, remove, reproduce, edit, combine, prepare derivative works from, and otherwise exploit the User-Generated Content, your name, image or likeness, and any material in User-Generated Content or derived from it, in any manner or in media whatsoever (whether now known or hereafter devised) anywhere in the world in perpetuity, including, if Dubai Tourism elects in its sole discretion, posting, reposting or sharing User-Generated Content on the User-Generated Websites, including our Facebook page, Instagram account, Twitter account, or any other social media page or platform. The preceding sentence includes, without limitation, any User-Generated Content posted or uploaded to your social media accounts that you have tagged with #MyDubai, or other Dubai Tourism brand hashtags. You irrevocably waive, and cause to be waived, against Dubai Tourism and its Users, any claims and assertions of moral rights or attribution with respect to your User-Generated Content. All uses granted are for the purpose of advertising or trade and promoting and publicizing Dubai Tourism and its products and services without any payment to or further authorization from you. The granting of the foregoing rights does not create any obligation on our part to post the User-Generated Content on the User-Generated Websites or otherwise use the User-Generated Content. Under the license granted, we are free to use any ideas or concepts contained in the User-Generated Content without further attribution, compensation or notice to you. For clarity, we do not claim ownership of your User-Generated Content, but we receive the above grants of rights from you for use of the User-Generated Content.
Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between Dubai Tourism and you or any other person or entity.
Dubai Tourism and its licensees may publicly display advertisements and other information adjacent to or included with your User-Generated Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without notice.
You hereby represent and warrant that (i) you own all rights in and to your User-Generated Content, (ii) if the User-Generated Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the User-Generate Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (iii) you are not a minor, (iv) if a minor is included in the User-Generated Content you are the parent or legal guardian of such minor and consent to these Terms and Conditions on behalf of the minor, (v) you are legally entitled to post the User-Generated Content, and the Licensed Parties' use of your User-Generated Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and (vi) the User-Generated Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties' use of your User-Generated Content.
Intellectual Property Rights
You are responsible for ensuring that any User-Generated Content that you post does not and will not violate any third party rights. You warrant and represent that you own or control all rights in any User-Generated Content that you post to the User-Generated Websites. You fully release and hold harmless Dubai Tourism from any and all claims relating to the use of the User-Generated Content including, but not limited to, any claim for copyright infringement, trademark infringement, or other proprietary infringement, misappropriation of trade secrets, invasion of privacy, violation of publicity rights or defamation. You agree not to take any legal action against Dubai Tourism, or any entity acting on its behalf, in connection with the use of your name, image, or likeness. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Dubai Tourism, all of which such rights are hereby expressly and irrevocably waived by you in favor of Dubai Tourism.
Dubai Tourism is not responsible or liable for the use of your User-Generated Content. The User-Generated Content will be used without warranties of any kind, express or implied. To the fullest extent permitted by law, Dubai Tourism disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. To the fullest extent permitted by law, Dubai Tourism does not make any warranties or representations regarding the use of the materials or User-Generated Content in the User-Generated Websites in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. Dubai Tourism reserves the right to change any and all User-Generated Content and other items used or contained in the User-Generated Websites at any time without notice.
You agree to indemnify, defend and hold harmless Dubai Tourism, its affiliates, officers, directors, members, managers, employees, agents, successors, assignees and Licensed Parties, from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorneys' fees) arising from or related to: (a) your violation or breach of these
Terms and Conditions; or (b) your violation of any third-party right, including, without limitation, any copyright, trademark, property, privacy or publicity right. This indemnification, defence and hold harmless obligation will, notwithstanding anything to the contrary, survive your use of the User-Generated Websites.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so and the following limitations of our liability are all subject to this proviso.
Dubai tourism, its affiliates or any person or entity involved in creating, producing or distributing user-generated content on behalf of Dubai Tourism, shall not be liable for any for any damages of any kind arising from the use of the User-Generated Content, including without limitation direct, special, incidental, indirect or consequential damages, including for any lost profits or lost data, that result from the use of the User-Generated Content, even if Dubai Tourism has been advised of the possibility of such damages. You assume total responsibility for the use of the user-generated content. Your only remedy against Dubai Tourism for use of the User-Generated Content is to stop using the user-generated websites.
If any provision in these Terms and Conditions is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and Conditions and the remaining provisions are still valid and enforceable.
Changes to the User-Generated Terms and Conditions
We reserve the right to modify these Terms and Conditions from time to time without notice. You understand and agree that your access to or use of the User-Generated Websites are governed by these Terms and Conditions effective at the time of your access to or use of the Websites. You are responsible for regularly reviewing these Terms and Conditions so that you will be apprised of any changes as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms and Conditions. You understand and agree that your continued access to or use of the User-Generated Websites after the effective date of modifications to the Terms and Conditions indicates your acceptance of the modifications.
If there is any dispute about or involving these Terms and Conditions, by using the User-Generated Websites, you agree that the dispute will be governed and construed by the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates. In the event of a dispute arising out of or relating to these Terms and Conditions, or your use of or access to the User Generated Websites, litigation must be brought in court in Dubai, United Arab Emirates.