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Rosewood Hotels and Resorts, L.L.C., its affiliated companies, and the hotels and resorts managed by Rosewood Hotels and Resorts, L.L.C. and its affiliated companies (collectively, “Rosewood”, “us,” “our”, “we”) may in connection with certain promotions or otherwise, seek your permission to feature our favorite “user generated” photos, videos and other digital materials on our websites (including but not limited to www.rosewoodhotels.com), social media sites, blogs, newsletters, emails and other digital properties operated by Rosewood (hereinafter the “Rosewood Sites”).
1. Permitted Use of User Generated Content
You retain ownership of all User Generated Content that you post and permit us to use. You grant Rosewood 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 Rosewood Sites in connection with the Rosewood Services. Rosewood’s use of your User Generated Content may be viewed by you and others. Rosewood may elect to display or utilize your handle, your byline 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, Rosewood’s use, if any, of your User Generated Content is in Rosewood’s sole discretion and Rosewood shall have no obligation to use your User Generated Content.
2. Your Personal Data
The personal data associated with your User Generated Content may be transferred to servers located outside the country in which you live or to affiliates or other third parties we use based in other countries so that they may process personal data on Rosewood’s behalf. To comply with applicable data protection law, we have implemented international data transfer agreements in order to provide appropriate and suitable safeguards for personal data transferred to countries, including those outside the European Economic Area where an adequate level of protection is not already guaranteed.
Rosewood will retain your User Generated Content and any personal data associated with so long as necessary to fulfill the purposes outlined in these terms, unless a longer retention period is required by applicable law.
3. Your Choices and Withdrawing Consent
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 firstname.lastname@example.org and providing the following information: your name, email address, content origin, social platform, user handle, and User Generated Content description. Rosewood will take reasonable, good-faith steps to confirm that you are the owner of the User Generated Content and to cease future use of such specifically identified User Generated Content within ten (10) business days thereafter.
However, you acknowledge that Rosewood 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. Rosewood may remove User Generated Content from any use or material for any reason and at any time, without notice.
Rosewood 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.
4. Conditions for Use of User Generated Content
You represent to Rosewood 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 Rosewood 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;
• Your User Generated Content does not infringe or misappropriate the trademark, copyright or other 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;
You acknowledge that Rosewood has reasonably relied on the above representations and that you shall be responsible for and will indemnify and hold Rosewood harmless against any claims and liabilities that may result from the inaccuracy of these representations or from the content of your User Generated Content. Rosewood has no responsibility or liability to you or anyone else for any damages that may result from or in connection with Rosewood’s 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. Rosewood hereby disclaims all such damages to the maximum extent allowed by applicable law.
5. Governing Law and Jurisdiction
Subject to Section 6, you and Rosewood consent to the exclusive venue of the state or federal courts of the state or federal court in Los Angeles, California, and both parties consent to exclusive venue in such courts.
If you are a user in the EEA, this Section 5 will not deprive you of any mandatory protection you have under the law of the country where you live and, if applicable, any mandatory provision allowing access to the courts in that country.
6. Binding Arbitration / Class Waiver
REVIEW THIS SECTION CAREFULLY. AS DESCRIBED BELOW, IT LIMITS: (i) YOUR ABILITY TO LITIGATE CERTAIN CLAIMS IN COURT; (ii) YOUR RIGHT TO HAVE A JURY DECIDE CERTAIN CLAIMS; AND (iii) YOUR ABILITY TO COMBINE CLAIMS AND TO BRING CLAIMS THROUGH CLASS ACTIONS.
YOU UNDERSTAND THAT BY PERMITTING ROSEWOOD’S USE OF YOUR USER GENERATED CONTENT, YOU CONSENT AND CHOOSE TO HAVE SUCH DISPUTES SUBMITTED TO BINDING ARBITRATION. YOU UNDERSTAND THAT NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
To the fullest extent permissible pursuant to applicable law, and except as provided below, you agree that all Disputes shall be finally and exclusively resolved by confidential binding arbitration as described in this Section. The arbitration conducted before one commercial arbitrator from the American Arbitration Association (“AAA”), rather than in a court, as described herein. The arbitration will be governed by the AAA’s commercial arbitration rules and, if the arbitrator deems them applicable, any supplementary procedures (collectively, “rules and procedures”). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Rosewood will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Rosewood also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration shall be conducted in Los Angeles, California. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and Rosewood agree that a party may seek injunctive remedies in a state or federal court in Los Angeles, California.
This Section 7 does not apply to users in the EEA.
7. CLASS ACTION WAIVER
To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise.
THE PARTIES AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
8. DISCLAIMER AND LIMITATION OF LIABILITY
a. No Warranty
TO THE EXTENT ALLOWED UNDER LAW, ROSEWOOD, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, ASSOCIATES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD-PARTY PROVIDERS (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.
b. Exclusion of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ROSEWOOD, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, ASSOCIATES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD-PARTY PROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE, OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, ACCESS TO, OR THE INABILITY TO USE THE SERVICE OR ANY MATERIALS CONTAINED IN THE SERVICE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD-PARTY.
Note that some jurisdictions do not allow limitations of liability or may place limitations on our ability to limit our liability to you, so some or any of the foregoing limitations may not apply to you.
b. No Waiver
11. Contact Us
If you have any questions or comments, please contact us by email at email@example.com or by mail at:
Rosewood Hotel Group
36/F New World Tower 1
18 Queen's Road Central. Hong Kong
Attn: Legal Department
When you publish your User Generated Content on Rosewood Sites, it is that entity that is the controller of your personal data. Likewise, the entity that contacts you to seek your permission to use your User Generated Content is the controller of your personal data.