#YesBucksCo User-Generated Content Agreement Terms
Licensing and Permissions Agreement
Effective as of June 24, 2019
This Licensing and Permissions Agreement (“Agreement”) constitutes a legally binding agreement made by you, whether personally or on behalf of an entity (in either case referred to as “you” or the “User” in this Agreement), and the Bucks County Conference and Visitors Bureau, Inc., operating under the trade name Visit Bucks County (referred to in this Agreement as “Visit Bucks County” or “we”), concerning your provision of images, text, and other materials to be displayed on our website VisitBucksCounty.com (the “Site”) and in other marketing materials and media.
2. Licensing Terms
(a) In consideration of the possibility of having the User’s original image(s), photo(s), video(s), name, social media user name, design(s), logo(s), mark(s), and actual or paraphrased statements and/or other intellectual property (hereafter, “User’s Works”) used by Visit Bucks County, the User grants Visit Bucks County a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, paid-in-full, fully sub-licensable and transferable right and license to use the User’s Works for any use, distribution, public display, transmission, and to publish the User’s Works (in whole or in part) on or in connection with our website, the promotion of the website, and/or the promotion of our clients and/or partners and their products or services, throughout the universe, by any and all means of distribution and exploitation now known or hereafter devised, and the right to assign, sub-license or otherwise transfer any and all such rights, in whole or in part, to any third party. We may use or sub-license the User’s Works for commercial purposes which may include modifications to the original work(s).
(b) These licensing terms apply only to those User’s Works that:
- He/she referenced by contacting Visit Bucks County for the purpose of granting licenses or permissions for use by Visit Bucks County; or
- He/she specifically identified by utilizing the hashtag (#) “#YesBucksCo”; or
- He/she has been specifically contacted about by a representative and/or agent of Visit Bucks County.
These terms do not apply to any of the User’s other works.
(c) By submitting User’s Works, the User represents and warrants to Visit Bucks County that:
- That he/she created the User’s Work(s) in question;
- That he/she is at least 18 years old and able to enter into legally binding contracts on behalf of him/herself.
- That he/she exclusively owns and controls any and all the rights, title and interest in and to the User’s Work(s);
- That he/she has the full power and authority necessary to enter into and perform under this Agreement, and that no consent or approval from any other person or entity is required for User to enter into and perform under this Agreement;
- The creation, distribution, public display, and performance, accessing, downloading, or copying of the User’s Work does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights of any third party;
- The User’s Work does not contain any worms, Trojan horses, malicious code, or other harmful or destructive content;
- The User’s Work does not violate any state or federal law, including any laws designed to regulate electronic advertising;
- That any identifiable person in the image(s), photo(s), or video(s) is the User and only the User; and
- In the event that there are identifiable persons in the image(s), photo(s), or video(s) other than the User himself/herself, that the User is authorized by that person(s) to grant such licenses and permissions as the one agreed to herein.
(d) User agrees not to provide User’s Work to Visit Bucks County if the User does not have the rights to creator’s works, or if doing so would violate any person, organization, or entity’s legal rights or obligations.
3. Digital Millennium Copyright Act (DMCA) Policy
(a) Actions by Visit Bucks County. In order to maintain compliance, in good faith and to the best of our ability and in our sole discretion, in accordance with the Digital Millennium Copyright Act, as amended (hereafter, “DMCA”), Visit Bucks County shall:
- block access to, or remove material that We believe in good faith infringes on the copyright of a third party; and
- remove and discontinue service to repeat infringers.
(b) Copyright Notice. Copyright owners or any agents thereof who believe that any work or content used on or by the Site infringes upon their copyrights may submit a notification (a “Claim Notification”) pursuant to the DMCA by providing our Copyright Agent (whose contact information is below) with the following information in writing (copyright owners and agents should consult legal counsel or see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such Claim Notification should be sent to DMCA designated agent. Claim Notifications not complying with the requirements dictated above may be invalid. Please also note that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
(c) Counter-Notification. If you elect to send us a counter notice (a “Counter-Notification”) in response to a Claim Notification involving your User’s Works, such Counter-Notification must be a written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. § 512(g)(3) to confirm these requirements):
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The user’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under Section 512(c)(1)(C) of the DMCA or an agent of such person.
Counter-Notifications not complying with the requirements dictated above may be invalid. You agree that We may send a copy of your Counter-Notification to the original complaining party informing them that We may replace the removed work or content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the given work or content provider or User, the removed work or content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
You agree to defend, indemnify, and hold harmless Visit Bucks County and its affiliates, and their respective directors, officers, members, managers, employees, agents, partners, clients, affiliated companies, and each of their related companies (the “Indemnified Parties”) from and against all claims, liabilities, losses, damages, obligations, costs and expenses, including attorneys’ fees, arising out of or related to: (a) User’s Work(s) provided by you or through use of the Site; (b) any actual or alleged violation or breach by you of this Agreement; (c) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (d) your acts or omissions.
5. Dispute Resolution; No Class Actions
By submitting User’s Works, you agree that any claim, dispute, or controversy you may have against Visit Bucks County arising out of, relating to, or connected in any way with this Agreement or the User’s Work(s) shall be resolved exclusively in the Bucks County Court of Common Pleas or the United States District Court for the Eastern District of Pennsylvania. By submitting User’s Works, you agree to submit exclusively to this jurisdiction. Pennsylvania law shall govern all disputes related to this Agreement.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING. WE FURTHER AGREE TO WAIVE ANY RIGHT WE MAY HAVE TO A RIGHT TO A TRIAL BY JURY IN DISPUTES INVOLVING THIS AGREEMENT OR THE USER’S WORKS.
6. Entire Agreement; Headings; Assignment; Severability
(b) The section headings used in this Agreement are for convenience only and shall be of no legal force or effect.
(c) Visit Bucks County reserves the right to assign this Agreement, in whole or in part, to any third party at any time.
(d) If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. If a provision is found to be invalid, the intention of the invalid provision shall be upheld wherever possible. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this Agreement.
7. How to Accept this Licensing Agreement
The User shall be deemed to have accepted the terms of this Agreement by responding to the request posted with a link to this offer using the designated hashtag, “#YesBucksCo” or any statement and/or action evidencing acceptance of these terms.
This website and associated online properties and services are provided by Visit Bucks County, located in Bucks County, Pennsylvania. If you have any questions, please contact us at VisitorCenter@visitbuckscounty.com or Visit Bucks County, 3207 Street Road, Bensalem, PA 19020.