Travel Santa Ana Hashtag Rights Request Terms & Conditions
Hello! If you're checking out this page, it might be because we've asked for the rights to a photo or video you shared on social media.
So, what does it mean to give us the rights to your content by replying with #ShareSantaAna? Here are some FAQs, then the official terms and conditions are below:
Why are you asking for the rights to my photo/video?
Because we love the picture/video you took! And we hope you'll allow us to potentially share it with the world to inspire people to visit Santa Ana.
Where and how will you use the photo/video?
We may just be looking to share the photo/video on our Instagram feed. Other places we may use the photo/video include but are not limited to our social media channels (including Instagram, Facebook, TikTok, and Twitter)—in both organic and paid posts— here on travelsantaana.com, our annual Visitors Guide, digital ad placements, and other printed and digital promotional pieces.
Why do you say "potentially share it" and not "definitely share it"?
Marketing plans can evolve, and we may not use it where we originally had in mind or we may use different content in a placement instead.
Will you let people know it's my photo/video?
We'll give you credit by displaying your username, name, or image when and where we can, but a limited number of placements may not allow it. We will credit you as often as we can, though.
Will you edit my photo/video?
Some placements may require us to crop the photo/video to better fit in the display dimensions or otherwise make changes, but we'll always try to keep the editing to a minimum. You took a great picture/video, and we don't want to mess with it!
Hashtag Rights Request Terms and Conditions
Terms and conditions for content providers to Travel Santa Ana, travelsantaana.com.
Travel Santa Ana is a non-for-profit organization in Santa Ana, CA. Mailing address - 1531 W. Sunflower Ave., C-35, Santa Ana, CA 92704.
Participant Agreement
By replying to the request of Travel Santa Ana to participate in CrowdRiff (content aggregation tool) with the hashtag #ShareSantaana, you agree to all the terms and conditions in this agreement (“Terms and Conditions” or “Agreement”). Travel Santa Ana, which does business using the domain name TravelSantaAna.com, also agrees to abide by these Terms and Conditions. Travel Santa Ana may terminate its websites or its use of your content at any time at its sole discretion. Any attempt by you to change any of the Terms and Conditions is hereby rejected, and shall not be made part of the Terms and Conditions unless expressly agreed to in writing by an authorized representative of Travel Santa Ana.
Allowable Participants
You must be 18 years of age or older and have the legal right to enter into this agreement and to grant any and all rights to your name, username, and image (collectively "Name") and user-generated content (“Content”) in the form of original photography, video or text.
Non-Confidentiality
You understand and agree that your Name and Content will be publicly displayed and that it will not be treated in confidence. By replying to Travel Santa Ana’s request to participate, you provide Travel Santa Ana with the unlimited, worldwide right to use and share your Name and Content on its website, travelsantaana.com; in all of its social media channels, such as Facebook, Twitter, TikTok, and Instagram, including both organic posts and paid ads; its printed marketing materials such as the annual Visitors Guide, and more; digital ads; and other promotional materials of any kind or type.
Travel Santa Ana’s Rights To User-Generated Content
By replying to Travel Santa Ana’s request to participate in CrowdRiff (content aggregation tool) with the hashtag #ShareSantaAna, you are agreeing to these Terms and Conditions. You grant Travel Santa Ana and its agents a perpetual, transferable, sublicensable, non-exclusive, worldwide license to (a) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or works, publish, translate, publicly perform, publicly broadcast and publicly display your Name and Content (or any modification thereto) in whole or in part, in any format or medium now known or later developed, and (b) use (and permit others to use) your Name and Content in any manner and for any purpose, including without limitation: marketing, advertising, commercial or promotional purposes that Travel Santa Ana deems appropriate. To be clear, Travel Santa Ana will have the right, but not the obligation, to use the Name and Content, as authorized in this Agreement.
You agree that you are solely responsible for your Content. Travel Santa Ana is not required to host, display, or distribute any Content on or through its websites, on social media, or otherwise, and may remove Content at any time or refuse Content for any reason. Travel Santa Ana is not responsible for any loss, theft, misuse, or damage of any kind to your Content.
By replying to Travel Santa Ana’s request to participate in CrowdRiff (content aggregation tool) with the hashtag #ShareSantaAna, you represent and warrant that:
- You are at least 18 years of age, you have the legal right to enter into this agreement and you are not impersonating anyone else.
- You own all rights in and to your Name and Content including without limitation, all rights to the audio, video, and or digital recording and performance contained in your Content (if any), and/or you have acquired all necessary rights to the elements appearing in your Content to enable you to grant all the rights to Travel Santa Ana as described herein.
- Your Content is wholly original and does not infringe on the copyright, trademark, patent, trade secret, or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third-party individual or entity.
- You agree to release and allow all creative license and creative treatment in the use and production of your Content at the discretion of Travel Santa Ana.
- You voluntarily agree to waive all “moral rights” that you may have to your Content.
- Any information contained in your Content is not known to or reasonably believed by you to be false, inaccurate, or misleading.
- Your Content does not violate any law.
- You were not and will not be compensated or granted any consideration by any third party for submitting your Content.
- You will not be compensated or granted any consideration in any way by Travel Santa Ana or any third party, now or in the future, for submitting the use of your Name or Content and granting the license.
- Your Content does not incorporate materials from a third-party website, copyright-protected materials, or personally identifiable information of anyone other than yourself.
- Your Content does not reflect negatively in any way upon the city of Santa Ana or the marketing, advertising, commercial, or promotional efforts of the City of Santa Ana or Travel Santa Ana.
- You irrevocably release and forever discharge Travel Santa Ana and its agents, directors, officers, affiliated entities, employees, contractors, and third-party providers (“Released Parties”) from any and all actions, claims, damages, liabilities, and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter may have against any of the Released Parties, or their respective successors or assigns, arising out of or related in any way to use of your Name, Content or anything contained therein.
Indemnification
You agree to indemnify, defend and hold harmless Travel Santa Ana and its agents, directors, officers, affiliated entities, employees, contractors, and third-party providers (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable attorney’s fees) that any of the Indemnified Parties may incur arising out of or related to the Name, Content or your breach of this Agreement.
Travel Santa Ana reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with Travel Santa Ana’s defense of such claims at your own expense.
You voluntarily waive any and all rights you may have to sue or otherwise pursue any action or claim against Travel Santa Ana related in any way, either directly or indirectly, to Travel Santa Ana's use of the Content in accordance with these Terms and further waive any and all moral rights I may have in and to the Content.
You expressly waive any and all rights and benefits conferred upon you by the provisions of Section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claim that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities, and demands of whatsoever character, nature, and kind, that are known or unknown, or suspected or unsuspected. You further represent and warrant that you understand this waiver and that if you do not understand this waiver, you shall seek the advice of a qualified attorney before executing this instrument.
Modifications to these Terms and Conditions
Travel Santa Ana may, at its sole discretion, change these Terms and Conditions at any time. Any changes will be posted on https://www.travelsantaana.com/hashtag-rights-request-terms-and-conditions/ and will be effective upon posting unless another effective date is specified.
Takedown
Should you want your Content removed from Travel Santa Ana’s website, you will need to send a message to following: info@travelsantaana.com. After Travel Santa Ana acknowledges receipt of your email request, please allow 30 days for an action to be taken, though Travel Santa Ana reserves the right to deny any such request.
Linking and Archiving
If you would like to link to the website(s) of Travel Santa Ana you must comply with the following guidelines:
- You must not incorporate any content from this site into your site or social media channels by in-lining, framing, or creating other browser or border environments around the website content. You may only link to, not replicate, the content on the websites of Travel Santa Ana.
- You may not use any of Travel Santa Ana’s intellectual property, including Travel Santa Ana’s trademarks, logos, designs, or service marks in your links.
- You may not create the appearance or impression of a relationship or affiliation between you or any third party and Travel Santa Ana.
- Your site or social media channels may not, in the sole discretion of Travel Santa Ana, contain offensive, distasteful, illegal, or inappropriate content.
Other Conditions/Restrictions
CAUTION: Any attempt by any individual to deliberately damage the Travel Santa Ana website, tamper with the aggregation process, or otherwise undermine the legitimate operation of the CrowdRiff program may be a violation of criminal and civil laws. Should such an attempt be made, Travel Santa Ana reserves the right to cooperate in the prosecution of any such individual(s) and to pursue all remedies to the fullest extent permitted by law.
General
These Terms and Conditions and the Privacy Statement together with any additional terms to which you agree when using particular elements of the website(s) constitute the entire and exclusive agreement between you and Travel Santa Ana.
