Participant Agreement (“Agreement”):
By responding “#yesDays” to Days Inns’ request to use your photograph, other image, text, video, or other content, you agree to the terms and conditions contained in this Agreement.
Your response of “#yesDays” to Days Inns’ request as described in the paragraph above will sometimes be referred to in this Agreement as your “Consent”, and the act of so responding will sometimes be referred to in this Agreement as “Consenting”. For purposes of this Agreement, “Content” means any and all of the following, individually or in combination: (a) the text, photograph, other visual content, audio clip and/or audio-visual content (in each case, regardless of medium or format) (i) that you have posted to a social media platform such as (but not limited) to Twitter, Facebook and/or Instagram; and (ii) which Days inn has requested the right to use; and (b) your name, handle, image, likeness, quotation(s) and/or biographical information.
1. By Consenting, you represent and warrant that:• You are 18 years of age or older, or the age of majority in your state, province, or country of residence, if the age of majority there is over 18, and you represent yourself;
• You are the author or creator of the Content and own the copyright in the Content, or are otherwise authorized to post the Content and grant the rights you are granting in this Agreement;
• You are the individual depicted in the Content, or without limiting the above, to the extent any individual appears in your Content other than you, or any third party’s rights (for example, trademark or copyright), are included within the Content, you have obtained the permission(s) from such individual(s) and other third party/ies necessary to grant the Permitted Parties (as defined below) the rights to use the Content as contemplated by this Agreement;
• The Content does not contain any advertising or other commercial content;
• Neither the Content, nor the use thereof by the Permitted Parties as contemplated by this Agreement, will violate any applicable law or infringe the rights of any third party (including, without limitation, trademark rights, copyright, moral rights, rights of publicity and/or rights of privacy);
• Use of the Content (as contemplated by this Agreement) will not result in payments becoming owed to any party; and
• Nothing contained in the Content is false, inaccurate, or misleading, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful or otherwise unlawful.
2. By Consenting, you grant to Days Inns, its parents, subsidiaries and affiliated companies, and their respective successors and assigns (collectively, the "Permitted Parties") the unrestricted right and permission to use the Content on any one (1) or more of the websites owned or controlled by any one (1) or more of the Permitted Parties, as well as the Facebook, Instagram, Twitter and other social media platforms operated by or on behalf of any one (1) or more of the Permitted Parties (the "Websites"). By Consenting, you agree that the Content may be distributed, published, exhibited, digitized, displayed, reproduced, modified and otherwise used and exploited, on the Websites, anywhere in the world, at any time, for purposes of advertising or trade in promoting and publicizing the Permitted Parties.
3. By Consenting, you agree that you will 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 you irrevocably waive any and all so-called moral rights you may have in the Content.
4. If you want your Content removed from the Websites, please send a message to the following: email@example.com. Please allow 7-10 business days for removal of your Content.
5. By Consenting, you hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of your warranties, representations or agreements hereunder.
6. By Consenting, you understand and agree that (a) the Permitted Parties will have no obligation to use the Content (or any part thereof) in any way; and (b) the Permitted Parties may remove the Content (or any part thereof) from the Websites at any time for any reason in their sole discretion.
7. By Consenting, you agree that:
(a) any and all disputes, claims, and causes of action arising out of or connected with the Content or this Agreement will be resolved individually, without resort to any form of class action;
(b) any and all claims, judgments and awards will be limited to actual out of pocket costs incurred, including costs associated with posting the Content, but in no event will attorneys' fees be awarded or recoverable; and
(c) under no circumstances will you be permitted to obtain any award for, and you hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages (other than actual out of pocket expenses), and/or any and all rights to have damages multiplied or otherwise increased;
(ii) neither the Permitted Parties nor any of their officers, directors, or employees are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the Content (including, without limitation, those related to or based on your rights of publicity or privacy); and
(iii) the Permitted Parties assume no responsibility for any damage to your computer system which is occasioned by accessing any Permitted Party’s website, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
8. Subject to all terms and conditions of this Agreement, by Consenting, you agree that any and all claims you may have relating to, arising out of or connected in any way with this Agreement will be governed by the laws of the State of New Jersey applicable to contracts to be performed entirely in the State of New Jersey, without reference to its conflicts of law principles AND VOLUNTARILY WAIVE ALL RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY CAUSE OF ACTION, CLAIM OR COUNTERCLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. You irrevocable agree that any disputes directly or indirectly aring out of or relating to this Agreement shall be resolved exclusively in the state or federal cours located in or having jurisdiction for claims arising in Morris County, New Jersey, USA.