Bermuda Tourism Authority (BTA) Terms & Conditions for User- Generated Content
User-generated content (UGC), or user-created content (UCC), is any form of content, such as images, videos, text, testimonials, and audio, posted by users via online platforms such as social media and websites.
The Bermuda Tourism Authority (BTA) regularly contacts third parties to request usage rights to reproduce images of our island for promotion in our emails, website, social media channels, promotional materials, digital and print advertising and more. In exchange for the right to use the image, the BTA will include the handle of the social media page that the image belongs to or have a byline. By responding to our request with the hashtag #YesBermuda, you agree to the following:
AUTHORISATION, RELEASE AND LICENSE
USER CONTENT
“Content” refers to all the text, usernames or handles, hashtags, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material that you on display in the public domain, on the internet and/or on social media which prompted your reply.
LICENSE
By submitting #YesBermuda, you grant BTA an absolute unrestricted, non-exclusive, royalty-free, irrevocable, perpetual, worldwide right, and transferable license to use, store, reproduce, copy, display, perform, distribute, broadcast, copyright, adapt, combine with other materials, edit, alter, promote your content in any forms of media, including but not limited to its webpages, social media platforms, third party website or materials, physical and digital channels and any mediums for all promotional, marketing, advertising, promotion and sale of BTA products, and any other commercial usages. You acknowledge that this license does not grant BTA the right to sublicense or sell the content as stock photography[ED1] . All copyright and other intellectual property in the content created by you shall be retained by you subject to the terms of BTA's license to use the content granted above. All copyright and other intellectual property in all collations and compilations of the content made by BTA shall vest in BTA.
RELEASE
You hereby authorise BTA to use your likeness and the likeness of any persons for whom you are the parent or legal guardian, publicly or otherwise, as such likeness(es) may appear in the content, in conjunction with the License. If content depicts anyone other than yourself, permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian must be granted before you submit content. You understand and agree that a copy of all content will become the property of the BTA and will not be returned to you. You understand that BTA will have no obligation to make any use of the content and you do not have any right to inspect, or approve uses of such content or for compensation for any such uses. BTA owns all rights, title and interest in any compilation, collective work, or other derivative work created by BTA using or incorporating content submitted.
You agree to release and forever discharge any actions, claims, rights, demands and set-offs, whether in this jurisdiction or any other, whether or not presently known to the parties or to the law, and whether in law or equity, that you ever had, may have or hereafter can, shall or may have against BTA with regards to the content submitted.
WARRANTY
You represent and warrant that: You are at least 18 years of age and that you have obtained all permissions and licenses required to allow you to consent herein and grant the above license to BTA, the content is created by you and you solely own the rights to the content and that no other parties can claim ownership, and the content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation. You will defend, indemnify, and hold harmless BTA from and against any damages, claims, or causes of action (including reasonable legal fees and costs) arising from or relating to any breach of the warranties you have made in this paragraph or any other obligations you have made in this Agreement.
Thanks again and please contact us at [email protected] if you have any questions.
