TERMS AND CONDITIONS

 

PLEASE READ THESE SUBMISSION TERMS (“TERMS”) CAREFULLY. THEY CONTAIN IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU MAKE A SUBMISSION TO THE GRAND TRAVERSE RESORT AND SPA WEBSITE ON WHICH THESE TERMS APPEAR (A “SITE”) OR SEND THE HASHTAG #YESGTRESORT TO GRAND TRAVERSE RESORT AND SPA, YOU ARE CONFIRMING THAT YOU HAVE AGREED TO BE BOUND BY THESE TERMS.

^{TERMS AND CONDITIONS (LONG FORM) FOR CONTENT PROVIDERS TO GRAND TRAVERSE RESORT AND SPA, LLC (“GRAND TRAVERSE RESORT AND SPA”), GRANDTRAVERSERESORT.COM}

^{PARTICIPANT AGREEMENT}

By replying to Grand Traverse Resort and Spa’s consent request to participate in Chute (content aggregation tool) with the hashtag #YesGTResort, you agree to these Terms and Conditions. Grand Traverse Resort and Spa doing business as grandtraverseresort.com also agrees to abide by these Terms and Conditions. Grand Traverse Resort and Spa may terminate its use of your content at any time at its sole discretion.

^{ALLOWABLE PARTICIPANTS}

You must be 18 years of age or older and have the legal right to enter into this agreement and to grant any and all rights to your user generated content (Content) in the form of original photography, video, audio or text, or any combination of these forms.

^{NON-CONFIDENTIALITY}

You understand and agree that your Content will be publically displayed and it will not be treated in confidence. In fact, many people from around the world will be able to view your Content and by replying to Grand Traverse Resort and Spa’s request for consent you provide Grand Traverse Resort and Spa with the right to use and share your Content on their current or future websites including but not limited to grandtraverseresort.com, in all of their social media channels including, but not limited to, Facebook, Twitter and Instagram, and in all their advertising and marketing including, but not limited to, print and digital as well as in printed brochures.

^{GRAND TRAVERSE RESORT AND SPA RIGHTS TO USER GENERATED CONTENT}

By replying to Grand Traverse Resort and Spa’s consent request to participate in Chute (content aggregation tool) with the hashtag #YesGTResort you are agreeing to these Terms and Conditions. You grant Grand Traverse Resort and Spa a perpetual, transferable, non-exclusive, worldwide license to a) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or works, publish, translate, publicly perform, publicly broadcast and publicly display your Content (or any modification thereto) in whole or in part, in any format or medium now known or later developed and b) use (and permit others to use) your Content in any manner and for any purpose, including and without limitations: marketing, advertising, commercial or promotional purposes that Grand Traverse Resort and Spa deems appropriate.

You agree that you are solely responsible for your Content. Grand Traverse Resort and Spa is not required to host, display, or distribute any Content on or through their Websites and may remove Content at any time or refuse Content for any reason. Grand Traverse Resort and Spa is not responsible for any loss, theft, misuse or damage of any kind to your Content.

By replying to Grand Traverse Resort and Spa’s consent request to participate in Chute (content aggregation tool) with the hashtag #YesGTResort, you represent and warrant that:

• you are at least 18 years of age, you have the legal right to enter into this agreement and you are not impersonating anyone else
• you own all rights in and to your Content including without limitation, all rights to the audio, video and or digital recording and performance contained in your Content (if any) and/or you have acquired all necessary rights to the elements appearing in your Content to enable you to grant the same rights to Grand Traverse Resort and Spa as described herein
• your Content is wholly original and does not infringe on the copyright, trademark, patent, trade secret or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third party individual or entity
• you agree to release and allow all creative license and creative treatment in the use and production of your Content at the discretion of Grand Traverse Resort and Spa and its affiliate agents
• you voluntarily agree to waive all “moral rights” that you may have to your Content
• any information contained in your Content is not known to you to be false, inaccurate or misleading
• your Content does not violate any law
• you were not and will not be compensated or granted any consideration by any third party for submitting your Content
• you will not be compensated or granted any consideration in any way by Grand Traverse Resort and Spa for the use of your Content
• your Content does not incorporate materials from a third party website, copyright protected materials or personally identifiable information of anyone other than yourself
• your Content does not reflect negatively in any way upon the state of Michigan, the city of Traverse City, Michigan or their marketing, advertising, commercial or promotional efforts

^TAKEDOWN

Should you want your content removed from the Grand Traverse Resort and Spa Website(s), you will need to send a message to the following: [email protected]. Once Grand Traverse Resort and Spa acknowledges receipt of your email request, please allow 30 days for any action to place.

^{INDEMNIFICATION}

You agree to indemnify, defend and hold harmless Grand Traverse Resort and Spa and its affiliate agents from and against any and all claims, demands, liabilities, damages, losses, costs, expenses or fees (including a reasonable amount of attorney’s fees) that such parties may incur as a result of or arising from or in connection with your breach of these terms and conditions. Grand Traverse Resort and Spa reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with Grand Traverse Resort and Spa’s defense of such claims.

You agree to irrevocably release and forever discharge Grand Traverse Resort and Spa and its affiliate agents, subsidiaries, employees and third party providers from any and all actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Grand Traverse Resort and Spa and affiliate agents, subsidiaries, employees and third party providers or their respecting successors without limitation resulting from the use of your Content or anything contained therein by Grand Traverse Resort and Spa.

^{MODIFICATIONS TO THESE TERMS AND CONDITIONS}

Grand Traverse Resort and Spa may, at its sole discretion, change these Terms and Conditions at any time. Any such changes will be posted on GrandTraverseResort.com or otherwise communicated to you along with the new effective date.

^{LINKING, CRAWLING, AND ARCHIVING}

If you would like to link to the Website(s) of Grand Traverse Resort and Spa you must comply with the following guidelines:

• You must not incorporate any content from these sites into your site or social media channels by in-lining, framing or creating other browser or border environments around the Website Content. You may only link to, not replicate, the Website Content of the organizations (above).
• You may not use any Grand Traverse Resort and Spa trademarks, logos, designs or service marks in your links.
• You may not create the appearance of a relationship or affiliation with Grand Traverse Resort and Spa.
• Your site or social media channels may not contain offensive, distasteful, illegal or inappropriate Content.

If you would like to use a web crawler or other search tool to gather information from Grand Traverse Resort and Spa’s Website(s), you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.

^GENERAL

These Terms and Conditions and the Privacy Statement together with any additional terms to which you agree when using particular elements of the Website(s) constitute the entire and exclusive agreement between you and Grand Traverse Resort and Spa.

^{GOVERNING LAW}

These terms shall be governed by Michigan law. Should any and all legal disputes connected with the Content arise, resolution will take place in accordance with the laws of Michigan.

^{EXCLUSIVE JURISDICTION}

Should any disputes arise regarding this agreement or be a need to enforce its terms, the exclusive jurisdiction for handling such matters or claims shall be before the state or federal courts in Grand Traverse County, and the parties to this agreement hereby consent to be subject to the personal jurisdiction of such courts.