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BY CLICKING “I AGREE TO THE TERMS AND CONDITIONS”, I CONFIRM THAT I AM 19 YEARS OF AGE OR OLDER AND AM LEGALLY ENTITLED TO ENTER INTO THIS CONSENT AND RELEASE ON MY OWN BEHALF, THAT I HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS OF THIS CONSENT AND RELEASE, AND THAT IT IS MY INTENTION TO ENTER INTO AN AGREEMENT TO WAIVE MY RIGHTS, INCLUDING MY RIGHT TO SUE, WITH RESPECT TO THE USE OF MY CONTENT (AS DEFINED BELOW).

Desert Botanical Garden (“DBG”) wishes to use photos or videos and accompanying comments that I have posted to one or more of my Instagram, Facebook and

Twitter accounts (collectively, “My Social Media Accounts”) which may include my username, image and/or other personal information (“Personal Information”) and that pursuant to this

Consent and Release may be captured from My Social Media Accounts by or on behalf of DBG (“My Content”).

I agree that I am entering into this Consent and Release in exchange for the opportunity for me to participate in DBG’s tourism-related initiatives and that DBG in its sole discretion may, for the sole purpose of sharing My Content on DBG’s channels, including Facebook, Twitter,

Instagram, Pinterest, YouTube, sponsored and/or promoted social media posts, consumer websites, email marketing, digital billboard, other digital and print channels, both present and future (collectively “the Purpose”):

  • use, reproduce, publish, distribute, broadcast and communicate My Content, in whole or in part, in all forms, media and technologies both present and future, including by way of the Internet; and
  • assign or license any or all of the above rights to DBG’s service providers, representatives or other third parties (collectively, “Others”) for the Purpose.

Unless and until I notify DBG otherwise in writing, I consent, effective as of the date I agree to this Consent and Release, for the Purpose, to:

  • the storage of my Personal Information by DBG and Others;
  • access to my Personal Information by DBG, Others and the general public; and
  • disclosure of my Personal Information to Others and the general public.

I confirm that:

  • I am the sole owner of My Content, or have obtained from the rightful owner(s) all necessary rights, permissions and licenses to grant to DBG the rights described in this Consent and Release;
  • I hereby waive in favor of DBG and Others all “moral rights” that I may have in My Content;
  • I have no right to pre-approve any use by DBG or Others of My Content, or how my image appears in My Content; and
  • unless otherwise agreed by DBG in writing, I am not entitled to any fees, royalties or other compensation (financial or otherwise) for any use of My Content by DBG or Others.
  • I give my consent to use my name and likeness in connection with My Content at DBG’s discretion.

I agree to waive my rights to, and to release and hold harmless DBG and Others from, any and all claims I may have against them by reason of any fact or matter in any way relating to their use of My Content, or otherwise relating to the subject matter of this Consent and Release. I further agree to fully indemnify DBG and Others for all expenses, costs and damages arising from any third party claim relating to My Content, including with respect to the misuse of Personal Information and/or the infringement of any intellectual property or other proprietary rights.

 

This Consent and Release forms the entire agreement between the parties relating to its subject matter. This Consent and Release will be governed by the laws of Arizona and any applicable laws of the United States. The courts of Arizona sitting in Phoenix will have exclusive jurisdiction over any dispute arising from or relating to this Consent and Release or its subject matter.

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DESERT BOTANICAL GARDEN WILL BE CLOSED, NOV. 22 FOR THANKSGIVING.