Welcome to the RideOregonRide.com “submit your own image and experience” Service, located at the RideOregonRide.com Website. This Service is operated and maintained by The Oregon Tourism Commission, whose principal business address is 670 Hawthorne Avenue SE, Suite 240, Salem, OR 97301 (“OREGON TOURISM,” “we” or “us”).
The following terms and conditions (the “Terms and Conditions”) contain important information regarding the Service. Please read the following terms and conditions carefully. These Terms and Conditions are a binding agreement between you and OREGON TOURISM and will govern your participation in the Service and any and all offers related to this Service.
YOUR ACCESS AND USE OF THE SERVICE IS SUBJECT TO THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS, RULES AND REGULATIONS. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE ANY PORTION OF THE SERVICE.
Authorized use of the Service: The Service provides you with the ability to upload a photograph of trails (each a “Submission” and collectively, “Submissions”). The creation and storage of your Submission is subject to availability, and no guarantee is made regarding any amount of storage space or length of time for such storage. Submissions may not be posted at all or may be removed in OREGON TOURISM’S sole discretion, for any reason, without notice. The Service is provided for your personal and non-commercial use. Any other use of the Service requires prior written consent.
Unauthorized Use of the Service: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content or other materials available on the Service. You may not take any action to interfere with the Service or any other user’s use of the Service, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions. OREGON TOURISM is under no obligation to monitor any third party postings to the web site including any Submissions, or other communications created or transmitted through the Service and assumes no responsibility or liability arising from the content of any such materials. You may not download, use, copy, license, or otherwise exploit any materials or content on the Service in any manner or for any purpose including commercial use without our prior written consent. You may not resell use of, or access to, the Service to any third party.
Acceptable Use Policy: This Service provides you with the ability to upload Submissions for possible posting on the Service. When using such features, you expressly warrant, represent and agree that:
(a) you own all right, title and interest in and to the Submission and any and all elements thereof and you have express written permission that you can provide upon request from any and all third parties appearing in such Submission to use such third parties in and as part of your Submission and any third party elements;
(b) any and all Submissions or any part thereof supplied by you are your own fully original creations and do not copy in whole or in part from any other work;
(c) any and all Submissions or any part thereof supplied by you do not contain any third party trademarks, logos, service marks and/or brand identifiers;
(d) any and all Submissions (including but not limited to any content, materials or elements as integrated into such Submissions) supplied by you will not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations;
(e) you will not post and/or use any content that is libelous, defamatory, abusive, vulgar, hateful, obscene, scandalous, inflammatory or otherwise objectionable or offensive, in OREGON TOURISM’S sole discretion; and
(f) you have the right to provide and send messages to any email address that you input to send emails through the Service
You hereby grant to OREGON TOURISM, its affiliates, advertising agencies, licensees, designees, successors and assigns (“Releasees”) a perpetual, worldwide, irrevocable, royalty-free license to use, redact, publish, republish, copy, distribute, modify, and/or otherwise use your respective Submission, including any and all intellectual property contained therein, alone or with other materials, in any medium now known or hereinafter developed, without payment of compensation to you and without seeking any further approval from you or anyone else appearing in your Submission. By submitting the Submission and any elements of such Submission in which you appear, you hereby grant Releasees permission to use in perpetuity your name, personal, voice, portrait, likeness, performance, photograph, personal and biographical information, recordings and/or motion pictures or videos of you either alone or accompanied by others and other material (collectively, “Likeness and User Elements”), in any manner and in any media, throughout the world in connection with advertising, marketing and promotional materials relating to OREGON TOURISM, its products and services, or for any other purpose. You further agree to execute any documents necessary to be executed by you or cause any one appearing in your Submission to execute a consent and release upon request of OREGON TOURISM.
You understand that OREGON TOURISM is relying on your consent as provided in these Terms and Conditions and your consent and release is irrevocable. You agree to be solely liable for Submissions and all elements therein supplied by you to us. You agree that you will not hold Releasees, or anyone who receives permission from any of them, responsible for any liability resulting from the use of your Likeness and any User Elements (including, without limitation, what might be deemed to be a misrepresentation of me, my character or my person, any claim based on infringement, invasion of privacy, portrayal in false light, defamation or right of publicity) and any other elements of my Submission or my Submission as a whole.
Proprietary Rights: We are the exclusive owner or authorized licensors of the Service, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. You agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms and Conditions are reserved.
Links: This Service may contain links to other web sites not maintained by us, and through such links you may be able to engage in certain transactions with third parties. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services.
No Warranties: THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND OREGON TOURISM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OREGON TOURISM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE MASH-UP VIDEOS AND/OR OTHER RELATED CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount of five dollars (US $5.00).
Changes: We may change, suspend or terminate the Service at any time without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Service, and you should check for such changes frequently. Your continued access of the Service after such changes conclusively demonstrates your acceptance of those changes.
Indemnification: You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these Terms and Conditions, (ii) the content of any elements including any User Elements supplied by you and any and all claims in connection with your Submission (iii) your use of materials or features available on the Service (except to the extent a claim is based on infringement of a third party right by materials created by us) or (iv) a violation by you of any and all applicable laws, rules, or regulations.
Governing Law: The laws of the State of Oregon shall govern these Terms of Service. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN OREGON FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE SERVICE.
Digital Millennium Copyright Act (“DMCA”) Notice: Materials may be made available via the Service by third parties not within our control. We are under no obligation to scan content posted on the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
670 Hawthorne Avenue SE, Suite 240,
Salem, OR 97301
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Severability. If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.
Waiver; Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Conditions. Our rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Questions: Should you have any questions regarding these terms and conditions you may contact us at firstname.lastname@example.org.