Terms & Conditions for Photo Sharing
Thanks for checking out the terms and conditions that cover Kimpton use of your photographs and images. We’ll refer to these terms and conditions as “Terms.” The full Terms are laid out below. However, make sure you read the entire thing before agreeing to it.
By submitting a photograph to us or by otherwise agreeing to our use of a photograph according to these Terms, you agree that you have read and fully understand these Terms and will comply with them in their entirety.
Don’t give us photographs that you didn’t take yourself or don’t have permission to give to us. You represent and warrant that you have taken the photograph yourself and own the copyright in the photograph, or have received the express permission of the copyright owner to have the photograph used and shared by us in accordance with these Terms.
3. PERMISSION OF ANY PERSON PICTURED
Make sure that you have permission to take the photograph of any and all people appearing in the photograph and have their permission to have their image and name used by us. If any people pictured are minors, you must obtain their parent or guardian’s express permission to have their image and name used by us. You represent and warrant that you have express permission of everyone who appears in the photograph (and their parent or guardian, if applicable) to be photographed and have the photograph and their names used and shared by Kimpton in accordance with these Terms. Before obtaining their permission and sharing the photo with us, send them a copy of or a link to these Terms.
4. KIMPTON’S USE OF PHOTOGRAPHS AND CONTENT
You keep all of your ownership rights to any photograph or other content but give us permission to use the photograph as determined by us. By submitting, or otherwise agreeing to our use of, a photograph or other content, including but not limited to photo captions, your name, and the names of any person appearing in the content (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, including but not limited to copyright and trademark.
- 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.
- D. Contains any virus, worm, corrupt file, or other forms of malicious code or content that may harm a website or computer.
- E. Violates any law, statute, ordinance, or regulation.
6. CONFLICT 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, let us know so that we can try to work it out. You can reach us here:
Mail: c/o Digital Marketing
Kimpton Hotels and Restaurants
222 Kearny St., Suite 200
San Francisco CA 94108
You irrevocably waive all rights and agree to release and hold harmless Kimpton from any and all claims, costs, expenses, damages, causes of action and/or liabilities, of any nature, whether direct or indirect, known or unknown, forseen 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 indemnify, defend, and hold Kimpton harmless from any claim or cause of action related to your violation of any these Terms & Conditions.
If any provision of these Terms & Conditions are deemed invalid, illegal or otherwise unenforceable then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
When we refer to “Kimpton” or “us” or “our” or “we” in these Terms & Conditions, we mean Kimpton Hotel & Restaurant Group, LLC and its parents, affiliates, subsidiaries, successors, sub-licensees and assigns.
Kimpton Hotel & Restaurant Group uses your personal information in order to fulfill our commitment to providing an unparalleled guest service experience. As part of that undertaking, we are committed to safeguarding the privacy of the personal information that we gather.
As one of our guests, you understand and agree that we collect, use and disclose your personal information in accordance with our Privacy Statement.
If you have any questions about our privacy policies or any other matter, please contact us at firstname.lastname@example.org.
June 1, 2019