Terms and Conditions for Photo Sharing
Last Updated: December 22, 2020
Thanks for reviewing the terms and conditions that cover The Town of Canton's use of your photographs and images. We’ll refer to these terms and conditions as “Terms”, or the “Agreement”. The full Terms are laid out below. Please make sure you read the entire document before signing this agreement.
By submitting, by whatever means, a photograph to us or by otherwise agreeing to our use of a photograph according to these Terms, you agree that you have read and fully understand these Terms and will comply with them in their entirety.
The following definitions shall apply to this Agreement:
“The Town of Canton” or “us” or “our” or “we” shall mean the government of the Town of Canton and its affiliates, subsidiaries, successors, sub-licensees and assignees
“Licensee” shall mean The Town of Canton;
“Photographer” or “you” shall mean the person or entity identified as the photographer of the photo as assumed;
“Licensor” shall mean Photographer;
“Content” shall mean any work or material submitted, or made available, by you to The Town of Canton, affixed in whatever form, including, but not limited to, photographs, images, audio, and videos, and reproducible by whatever means. The foregoing shall be understood to include any photo caption, names or other information contained in, or made part of, the Content.
Ownership of Content
Any Content provided by Licensor to The Town of Canton shall be owned by Licensor, Licensee agrees that Licensee has and will acquire no ownership rights in the Content whatsoever and that all usage of the Content will be pursuant to the terms contained herein.
Grant of License
By submitting Content to us, or otherwise agreeing to our use of such Content, you grant us 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 for commercial and promotional use) in any medium or format now existing or hereafter created, including but not limited to print or recorded material, websites, and social media platforms; and (b) use your name, commentary, and other information about you in connection with the Content. We reserve the right to use, not use, or discontinue using any Content in our sole discretion at any time.
The Content you Submit
You agree not to submit any Content that:
Infringes any intellectual property rights of any other person or third party, including but not limited to copyright and trademark.
Defames or invades the privacy or publicity rights of any person, living or deceased, or infringes upon any person’s or third party’s personal, property, or other rights.
Is inappropriate, sexually explicit, harassing, abusive, harmful, violent, or otherwise objectionable or offensive in any way.
Contains any virus, worm, corrupt file, or other forms of malicious code or content that may harm a website or computer.
Violates any law, statute, ordinance, or regulation.
Warranties and Representations
Ownership of Content
You represent and warrant that you have taken the photograph yourself and own the copyright in the photograph or have received the express permission and consent of the copyright owner to have the photograph used and shared by us in accordance with these Terms. Before obtaining their permission and sharing the Content with us, send them a copy of or a link to these Terms.
Permission of Any Person Pictured
You represent and warrant that you have the express permission of everyone who appears in the Content (and their parent or guardian, if applicable) to be photographed, recorded, or videotaped and have their images and names used and shared by The Town of Canton in accordance with these Terms. Before obtaining their permission and sharing the Content with us, send them a copy of or a link to these Terms.
Waiver, and Indemnity
You irrevocably waive all rights and agree to release and hold harmless The Town of Canton from any and all claims, costs, expenses, damages, causes of action and/or liabilities, of any nature, whether direct or indirect, known or unknown, foreseen or unforeseen, arising out of or relating to the Content, including but not limited to defamation; invasion of the rights of privacy or publicity; violation or any moral or artist rights; personal injury, damage to property, or any other similar matter. You further agree to indemnify, defend, and hold The Town of Canton harmless from any claim or cause of action related to your violation of any these Terms & Conditions.
If any provision of these Terms & Conditions is deemed invalid, illegal or otherwise unenforceable then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
This Agreement and the rights, obligations and remedies contained herein shall be governed and construed according to the laws of the state of Connecticut.