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Term & Conditions

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TERMS OF USE & RELEASE

By clicking on "I accept", I hereby acknowledge that I have read and agree to the following terms and conditions respecting any photograph, comments, captions, blog posts, stories or other content I may submit to banfflakelouise.com.

I have reached the age of majority in my jurisdiction of residence and am therefore of legal age to form a binding contract.

I grant to the Banff Lake Louise Tourism Bureau a royalty-free license and permission to use, display and reproduce my photographs, comments, blog posts, stories and any other material I may upload on banfflakelouise.com or its affiliated sites.

I confirm that I am the sole owner of all rights, including copyright, to distribute the materials I submit, that no other party owns any rights of any kind associated with the submissions and that the material I submit is royalty-free and can be freely used for the purposes described above.

I retain all copyright and ownership of all submissions and may at any time request the removal of my submissions by contacting webmaster@banfflakelouise.com with the specific URLs of my content I wish removed. I waive the right to seek further compensation or other consideration for the use of my submissions for the purposes expressed above,

I have obtained consent from all people who appear in my photographs, including unrestricted royalty-free rights to use their their likeness for the purposes listed above. I am solely responsible for the content I post and I release and indemnify the Banff Lake Louise Tourism Bureau, its affiliates, agents and partners and their respective directors, officers, agents and employees from and against any and all claims, liabilities, damages, demands, losses or expenses (including legal fees) brought against the Banff Lake Louise Tourism Bureau or any of its affiliates, agents and partners, by any party, arising out of my posting on the website of any materials.

I understand that the Banff Lake Louise Tourism Bureau has the right, in its sole discretion, to post, edit, or remove my submissions as it sees fit. I agree that the Banff Lake Louise Tourism Bureau cannot and will not be held responsible for any use made by unauthorized third parties as a result of my submissions being posted on banfflakelouise.com or its affiliated sites.

I am protected by and subject to the stated Privacy Policy of the Banff Lake Louise Tourism Bureau.

INSTAGRAM TERMS AND CONDITIONS

You hereby grant to Banff & Lake Louise Tourism a non-exclusive, perpetual, worldwide, royalty-free license to use, publish, modify, reproduce and distribute for purposes of promotion of Banff & Lake Louise the creative assets (the “Creative Works”) including, but not limited to photographs and video as described in clause (3) below. You warrant that you have the necessary rights, title and interest to grant the rights set forth in this Agreement. You warrant that all Creative Works delivered to Banff & Lake Louise Tourism in connection with this License will be original work.

Subject to clause (3), You warrant that the Creative Works are and shall be free and clear of any claim, right or encumbrance that would limit or restrict the rights granted under clauses (1) and (3) and that the use of the Creative Works by Banff & Lake Louise Tourism in accordance with the rights granted to Banff & Lake Louise Tourism shall not violate any copyright, moral right, right of privacy or right of publicity, or infringe or misappropriate any intellectual property rights of any third party.
 
All rights in the Creative Works granted to Banff & Lake Louise Tourism are applicable in any and all media, including but not limited to print, electronic and digital media for the purpose of advertising, promotion and publicity. Banff & Lake Louise Tourism retains the right to make or cause to make use, access, load, download, store, install, copy, publish, distribute, communicate, exhibit, produce, reproduce, print, broadcast, display, sub-license and/or assign (hereinafter to “use” or “make use”) the Creative Works throughout the world for any and all promotional, educational, marketing, public relations and/or editorial purposes set forth in the Banff & Lake Louise Tourism Multimedia Library. Banff & Lake Louise Tourism shall exercise its reasonable efforts to include credit to you when using the Creative Works, provided that the details such as name, date of photograph, residence are included by you. However, under no circumstance shall a failure to include credit by Banff & Lake Louise Tourism or its sub licensees constitute a breach of this Agreement.
 
Except for Banff & Lake Louise Tourism’s license rights contained in this Agreement, you continue to own all rights in and to the Creative Works. To the extent your Creative Works contain other materials or elements owned by Banff & Lake Louise Tourism or any third party licensors, such as characters or other elements protected by copyright, trade-mark or other laws, your rights to make use of the Creative Works will continue to be governed by and may be limited by other applicable laws, the rights of third parties and Banff & Lake Louise Tourism.
 
You shall at all times indemnify and hold harmless Banff & Lake Louise Tourism, its directors, officers, agents, employees and any others for whom it may be responsible in law, from and against all losses, claims, demands, awards, judgments, actions and proceedings by whomsoever made, brought or prosecuted, resulting from or arising out of, attributable to or in any way connected with this Agreement and whether or not caused by your negligence, including without limitation any actions brought by third parties alleging infringement or misappropriation of intellectual property rights in and to the Creative Works, except to the extent to which such loss or damage has arisen out of Banff & Lake Louise Tourism's negligence.
 
You shall comply with all laws applicable to the performance of your obligations under this Agreement. You agree that all matters relating to this Agreement shall be interpreted in accordance with the laws applicable in Alberta and the federal laws of Canada applicable therein, without reference to its conflict of law provisions, and the parties agree to the exclusive jurisdiction of the Courts of Alberta.
 
This Agreement shall ensure to the benefit of, and be binding upon, the successors, heirs, legal representatives and assigns of each of Banff & Lake Louise Tourism and you, as applicable.