User Generated Content Policy

USER GENERATED CONTENT TERMS OF USE

inVOYAGE Limited and its affiliated companies (collectively, “inVOYAGE”) may reach out to our delegates and patrons, in connection with certain promotions or otherwise, to seek their permission to feature our favourite “user generated” photos, videos and other digital materials on our websites (including but not limited to www.invoyage.net), social media sites, blogs, newsletters, emails and other digital properties operated by inVOYAGE (hereinafter the “inVOYAGE Sites”). By responding with the provided hashtag, or otherwise expressly consenting to inVOYAGE use of your content, you are agreeing to these User Generated Content Terms of Use and the terms and conditions of our Privacy Policy, which is incorporated herein by reference for all purposes.  Please take this opportunity to review these User Generated Content Terms of Use and our Privacy Policy (http://invoyage.net/privacy-policy/).

inVOYAGE may utilize other third-party vendors in connection with providing the inVOYAGE Services, as further described on the Privacy Policy.

You will retain ownership of all User Generated Content that you post and permit us to use.  You grant inVOYAGE a non-exclusive, worldwide, royalty-free, perpetual right and license to reproduce, edit, reformat, publish, broadcast, distribute, create derivative works of, and otherwise utilize your User Generated Content on the inVOYAGE Sites in connection with the inVOYAGE Services. inVOYAGE use of your User Generated Content may be viewed by you and others. inVOYAGE may elect to display or utilize your handle, your by-line or associated geographic or location information that is associated with your User Generated Content or otherwise provided by you when we utilize your User Generated Content.  If you agree to these terms, inVOYAGE use, if any, of your User Generated Content is in inVOYAGE sole discretion and inVOYAGE shall have no obligation to use your User Generated Content.

The nonexclusive nature of our license to your User Generated Content means that you may continue to use the User Generated Content for your own purposes and let others use your User Generated Content. Other than your name, handle, by-line or associated geographic or location information, and other information that you elect to provide to inVOYAGE, we will not collect personal information from you, except as otherwise set forth in our Privacy Policy. inVOYAGE will maintain the confidentiality of any confidential personal information that you provide, in accordance with our Privacy Policy. The royalty-free nature of our license to your User Generated Content means that we do not owe you any compensation or fees in connection with our use of your User Generated Content or in connection with any revenue or business advantage that we might enjoy as a result of such use. The license provides us with the right to utilize your User Generated Content anywhere in the world. Finally, the perpetual nature of the license means that it does not expire.

You have the right to request that we cease all further use of your User Generated Content, which you may request by notifying us at info@invoyage.net and providing the following information: your name, email address, content origin, social platform, user handle, and User Generated Content description. inVOYAGE will take reasonable, good-faith steps to confirm that you are the owner of the User Generated Content and to cease additional use of such specifically identified User Generated Content within ten (10) business days thereafter.  However, you acknowledge that inVOYAGE may not be able to eliminate uses of your User Generated Content that have already been produced or distributed, or are in the process of production or distribution, and not all User Generated Content is capable of being completely or permanently removed.  inVOYAGE may remove User Generated Content from any use or material for any reason and at any time, without notice.

inVOYAGE will not be responsible for any other party’s use of your User Generated Content, even if such third party’s use originated with or is derived from our use.

You represent to inVOYAGE that:

  • you are at least eighteen (18) years old and each individual whose image or likeness is captured in your User Generated Content is at least eighteen (18) years old;
  • you own all rights to your User Generated Content and all intellectual property incorporated therein or, alternatively, you have the right to grant inVOYAGE the rights and license described above;
  • you have paid and will pay in full any fees or other payments that may be related to the production or use of your User Generated Content;
  • each individual whose image or likeness is captured in your User Generated Content has granted you the right to use his or her image or likeness for the purposes set forth in these User Generated Content Terms of Use, or you otherwise hold the right to make such use of his or her image or likeness on the basis of your legal relationship with each such individual, including, but not limited to, your status as the individual’s parent or legal guardian; and
  • your User Generated Content does not infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party, and does not contain any offensive, unlawful or obscene material.
  • your User Generated Content does not contain any false or misleading representations or endorsements.
  • these Terms of Use and the rights granted herein do not conflict with or breach any other agreement or obligation of yours regarding the User Generated Content or inVOYAGE use thereof.

You acknowledge that inVOYAGE has reasonably relied on the above representations and that you shall be responsible for and will indemnify and hold inVOYAGE harmless against any claims and liabilities that may result from the inaccuracy of these representations or from the content of your User Generated Content. inVOYAGE has no responsibility or liability to you or anyone else for any damages that may result from or in connection with inVOYAGE access to or use of the User Generated Content, including without limitation, actual or direct damages or incidental, consequential, special or punitive damages of any kind, regardless of the legal theory upon which they are based.  inVOYAGE hereby disclaims all such damages to the maximum extent allowed by applicable law.

By responding with the provided hashtag, or otherwise expressly consenting to inVOYAGE use of your content, you are consenting to inVOYAGE collection of any personal information you provide, and inVOYAGE use and disclosure of this information in connection with the use of your User Generated Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use provide inVOYAGE with personal information. Your personal information may be transferred to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries so that they may process personal information on inVOYAGE behalf. By providing inVOYAGE and its service providers with personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, our Privacy Policy and applicable data protection laws and regulations.

These User Generated Content Terms of Use shall for all purposes be governed by and construed in accordance with UK law, and any dispute relating thereto shall be subject to the nonexclusive jurisdiction of the courts of England.

If you believe that any User Generated Content on any of the inVOYAGE Sites infringes a copyright, you may send a written notification of copyright infringement pursuant to the Notice and Procedure for Copyright Infringement Claim located on inVOYAGE Privacy Policy.

inVOYAGE reserves the right to modify these User Generated Content Terms of Use at any time.  Please refer back to these User Generated Content Terms of Use in order to review the most current version each time that you grant us permission to use your User Generated Content.