Exotik Journeys [herein, “Exotik Journeys”, “we” or “us”] makes Platforms [as defined below] available to the public on the terms and conditions set out below.
If you reply to a message we send with “YesExotikJourneys” or with other language signifying consent or approval, send Content [as defined below] to any email address associated with Exotik Journeys or submit Content to any of our Platforms [as defined below], you knowingly and freely acknowledge and agree to all of the terms and conditions set out below on behalf of yourself, your representatives (legal or otherwise), your executors, administrators, heirs, beneficiaries, spouse, guardians, relatives, next of kin, successors, and assigns.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW, DO NOT REPLY TO OUR COMMUNICATIONS, USE OUR PLATFORMS OR SEND US ANY CONTENT.
“Content” means images, videos, photographs, creative works, captions, phrases, taglines, hashtags, social media handles, usernames, URLs, and other content.
“Platforms” means social media pages, websites, and mobile applications, including but not limited to www.ExotikJourneys.com, Facebook, Twitter, Instagram, Google+, and Pinterest.
“Likeness” means legal names, aliases, images, silhouettes, voices, biographical information, appearances, actual and simulated likenesses, actions, performances, locations, and other identifying information appearing in or used in connection with the Content.
You grant to Exotik Journeys and its subsidiaries and affiliates [“Permitted Parties”] the unlimited worldwide, perpetual, unending right to use, reproduce, distribute, and convey to others your Content and Likeness for all purposes, commercial, in any format or medium now known or subsequently developed, to modify and edit your Content, to combine your Content with other images, video, audio, text and other media, to create derivative works incorporating, including or based on my Content, and to sublicense any or all of the foregoing rights. For greater certainty, you acknowledge that the rights granted to Exotik Journeys include the right to use and publicly display your Likeness. You acknowledge that if you want your Content removed or taken down, the Permitted Parties may endeavour to do so but shall have no liability for failure to do so. You waive all moral rights in the Content.
Representation and Warranty
You represent and warrant that you: (a) are at least eighteen (18) years old; (b) own and control all rights, title and interest in and to the Content or that you otherwise have all rights, permissions and consents necessary to post and use such Content (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); (c) have complied with all applicable laws and regulations associated with acquiring and/or producing the Content.
You will not submit Content that: (a) infringes any patent, trademark, trade secret, copyright or another intellectual or proprietary right of another; (b) includes material that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (c) displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful to Exotik Journeys or any other person or depicts the use of a product in a manner that is contrary to any instruction or warnings relating to the product; (d) impinges upon or violates the publicity, privacy or data protection rights of others; or (e) makes or includes false or misleading statements, claims or depictions about a person, company, product or service.
Disputes and Liability
Any and all disputes, claims, and causes of action arising out of or connected with the subject matter of these Terms and Conditions shall be resolved individually, without resort to any form of class action. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submitting the Content, but in no event will attorneys’ fees be awarded or recoverable. Under no circumstances will you be permitted to obtain any award for, and you hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages (other than actual out-of-pocket expenses), and/or any and all rights to have damages multiplied or otherwise increased. Neither the Permitted Parties nor any officers, directors, or employees of the Permitted Parties are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the Content or Likeness (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on your rights of publicity or privacy, or a claim that you have been defamed or portrayed in a false light). The Permitted Parties assume no responsibility for any damage to your computer system, which is occasioned by accessing any Permitted Party’s website, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Choice of Law
You agree that any and all disputes that you may have with, or claims you may have related to, arising out of or connected in any way with these Terms and Conditions shall be governed by the laws of the province of Ontario applicable to contracts executed and to be performed entirely in Canada.