Terms & Conditions for Use of RLHC Social Media Hashtag and Handles Effective Date: 9/18/2017
By posting content using the #YesRLHC hashtag or any RLHC Handle (as defined below), you agree that you have read and fully understand the following Terms & Conditions (“Terms”) and will comply with them in their entirety.
1. USE OF NAME, HANDLE, TEXT, PHOTO AND LIKENESS:
You retain all of your ownership rights to any photograph or other content you post to a social media platform (including but not limited to Facebook, Twitter and Instagram) using the #YesRLHC hashtag orany RLHC Handle (as defined in Section 2, below) (collectively, the “Content”) but give RLH Corporation, Red Lion Hotels Franchising, Inc., and their respective affiliates (collectively, “RLHC”), permission to use the Content as determined by RLHC. By posting Content using the #YesRLHC hashtag or any RLHC Handle, you hereby grant RLHC 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 (including RLHC websites such as rlhco.com, redlion.com and myhellorewards.com, and Facebook, Twitter, Instagram and other social media accounts of RLHC, collectively, the “Websites”), and (b) use your name, handle, image, likeness, commentary and/or other information about you in connection with the Content (including but not limited to tagging or other use of your handle to provide photo credit) in RLHC’s sole discretion at any time. You irrevocably waive any and all so-called moral rights you may have in the Content.
2. DEFINED TERM:
As used herein, the phrase “RLHC Handle” means any and all social media handles created or owned by RLHC, whether now existing or hereafter created, including but not limited to the following: rlhco; rlhcorp; hotelrl; redlionhotels; hotelsabvi; americas_best_value_inn; americasbestvalueinn1; americasbestinn; americasbestinnste; canadasbestvalueinn; officialcbvi; guesthouseintl; jamesoninns; lexhotels; lexingtonhotels; settleinns; signature_inn; signatureinn_; signatureinn1; countryhearth; and countryhearth1.
3. COMPLIANCE WITH TERMS FOR THIRD PARTY PLATFORMS:
You acknowledge and agree that in order to post Content on any social media platform (including but not limited to Facebook, Twitter and Instagram), you will be in compliance with, and post Content according to, the terms and conditions of any such platform.
If you want your Content removed from the Websites, you will send a message to the following: firstname.lastname@example.org.
5. REPRESENTATIONS AND WARRANTIES:
You represent and warrant as follows: (a) you have the right to post the Content; (b) neither the Content nor the use of the Content by RLHC will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity and/or copyright, of any other person or entity or any applicable laws; (c) the Content does not contain any content that is abusive, defamatory, hateful, indecent, obscene, threatening, or is otherwise inappropriate or offensive; and (d) the Content does not contain any advertising or other commercial content.
You agree to indemnify, defend and hold harmless RLHC, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of the #YesRLHC hashtag or any RLHC Handle; (b) your breach or alleged breach of any provision of these Terms; or (c) your violation of any third party right, including without limitation any intellectual property, property, publicity, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the #YesRLHC hashtag or any RLHC Handle.
7. NO OBLIGATION TO USE:
You understand and agree that (a) RLHC shall have no obligation to use the Content (or any part thereof) in any way; and (b) RLHC may remove the Content (or any part thereof) from the Websites at any time for any reason in RLHC’s sole discretion. You further understand and agree that RLHC will not use any Content or other materials it finds abusive, defamatory, hateful, indecent, obscene, threatening, or otherwise inappropriate or offensive; or that RLHC believes may violate or infringe another’s rights, including without limitation any intellectual property, property, publicity, or privacy right.
8. GENERAL RELEASE AND LIMITATIONS ON LIABILITY:
You hereby agree that: (a) any and all disputes, claims and causes of action arising out of or connected with the Content or these Terms shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with submitting 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. You acknowledge and agree that neither RLHC nor any of its 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,
claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on a claim that your intellectual property, property, publicity or privacy rights have been violated, or a claim that you have been defamed or portrayed in a false light). RLHC assumes no responsibility for any damage to your computer system which is occasioned by accessing any RLHC 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.
9. GOVERNING LAW AND EXCLUSIVE JURISDICTION AND VENUE:
These Terms are governed by the laws of the State of Washington, without reference to its conflict of laws provisions. You expressly agree that exclusive jurisdiction and venue for any dispute relating to or arising from these Terms will reside in the State and Federal Courts of Spokane County, Washington.
If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. Section titles are only for convenience and have no legal or contractual significance. All interpretations of these Terms shall be at the sole discretion of RLHC. RLHC may assign these Terms, in whole or in part, at any time, with or without notice to you. If, at any time, RLHC fails to respond to a breach or alleged breach of these Terms by you or others, such failure will not waive RLHC’s right to act with respect to subsequent or similar breaches or alleged breaches. A waiver will be binding on RLHC only if it is in writing and signed by an authorized agent of RLHC. No one other than you and RLHC, its affiliates, successors and assigns, will have any right to enforce any of these Terms. You and RLHC agree that any cause of action arising out of or connected with the Content or these Terms must commence within one year after the cause of action accrues; otherwise, such cause of action is permanently barred.