User Generated Content Procedure
What is this about?
We love your Instagram/Facebook/Twitter “Social Media” photo you posted with the Petaluma related hashtag. Because we thought your photo was so great, we’d love to get your permission to feature you on our web-pages to showcase your style.
By responding to the message from our City of Petaluma Social Media account with “#ApprovePetaluma” you represent and warrant that:
- You are eighteen (18) years of age or older,
- You own all rights in and to your photos,
- You have permission from any person(s) appearing in your photos to grant the rights herein,
- City of Petaluma’s use of your Social Media photos does not infringe the rights of any third party or violate any law, and
- That you have read and that you agree to the following terms and conditions:
What happens if I respond with (#ApprovePetaluma)?
You grant us rights to present your Social Media photos in City of Petaluma content, or more precisely: you grant City of Petaluma an unlimited, non-exclusive, assignable, sublicensable, perpetual, worldwide right of utilization of the photos you post or have already posted on Social Media with a Petaluma-related hashtag.
This means by responding with (#ApprovePetaluma) in the Social Media message City of Petaluma gets an unlimited right to use the photos with the relevant hashtag as digital content on City of Petaluma social media accounts. However, City of Petaluma shall have no obligation to use your photo.
What’s in it for me?
Your photos will possibly be used on City of Petaluma’s social pages. In return you release and discharge City of Petaluma from all and any obligation to pay you for any use of your photos and any of the intellectual property rights contained therein in connection with the uses described above when you respond with (#ApprovePetaluma).
What if I change my mind after a while?
You can always change your mind and revoke the granting of rights to City of Petaluma by deleting your original post, contacting us on our related Social pages, or Customer Service Team to request it be taken down. You may also file a Digital Millennium Copyright Act (DMCA) Takedown Notice at https://www.dmca.com/faq/How-can-I-file-a-DMCA-Takedown-Notice
Why is there a limitation of liability?
By responding with(#ApprovePetaluma) to City of Petaluma’s message on Social Media, a legally binding license agreement between you and City of Petaluma is concluded and we want to minimize the legal risks for City of Petaluma with the following limitation of liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv) loss of income, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to THE USE OF THE PHOTOS AS DESCRIBED ABOVE, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.