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#YesCatchDesMoines Terms and Conditions 

Hello! If you’re visiting 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 #YesCatchDes Moines? Here are some FAQs and the official terms and conditions:  

Frequently Asked Questions (FAQ’s) 

Why are you asking for the rights to my photo/video? 

We absolutely love your photo/video and we hope you’ll allow us to potentially share it with the world to inspire people to visit Greater Des Moines.  

Where and how will you use the photo/video? 

Places we may use the photo/video include, but are not limited to, our social media channels (Instagram, Facebook, Twitter, LinkedIn, Pinterest), on catchdesmoines.com, visitors guide, and planners guide. For a more detailed list of all possible usage, please see below in “Non-Confidentiality.” 

Why do you say “potentially share it” and not “definitely share it”? 

Marketing plans can change, and we may not use it where originally planned.  

Will you let people know it’s my photo/video? 

We will display your social media username with your image in all placements that allow for credit. 

Will you edit my photo/video? 

Some placements may require us to crop the photo/video to better fit in the display dimensions, but we’ll always try to keep the editing to a minimum. You took a great photo/video and we don’t want to mess with it! 

Hashtag Rights Request Terms and Conditions  

Terms and conditions for content providers to Catch Des Moines, catchdesmoines.com. 

Catch Des Moines, the Greater Des Moines Convention and Visitors Bureau & Des Moines Area Sports Commission (GDMCVB), is a public CVB (convention and visitors bureau) at 400 Locust Street, Suite 265, Des Moines, IA 50309, USA.

Participant Agreement 

By replying to the request of Catch Des Moines to participate in CrowdRiff (content aggregation tool) with the hashtag #YesCatchDesMoines, you agree to all the terms and conditions in this agreement (“Terms and Conditions” or “Agreement”). Catch Des Moines, which does business using the domain name catchdesmoines.com, also agrees to abide by these Terms and Conditions. Catch Des Moines 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 Catch Des Moines. 

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 Catch Des Moines’ request to participate, you provide Catch Des Moines with the unlimited, worldwide right to use and share your Name and Content on its website, catchdesmoines.com; in all of its social media channels, such as Facebook, Twitter, LinkedIn, and Instagram; its printed marketing materials such as the Visitor’s Guide and Planner’s Guide, and other promotional materials of any kind or type. 

Catch Des Moines Rights to User Generated Content 

By replying to Catch Des Moines’ request to participate in CrowdRiff (content aggregation tool) with the hashtag #YesCatchDesMoines, you are agreeing to these Terms and Conditions. You grant Catch Des Moines 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, public relations, advertising, commercial or promotional purposes that Catch Des Moines or its agents deem appropriate.  To be clear, Catch Des Moines 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. Catch Des Moines 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. Catch Des Moines is not responsible for any loss, theft, misuse or damage of any kind to your Content. 

By replying to Catch Des Moines’ request to participate in CrowdRiff (content aggregation tool) with the hashtag #YesCatchDesMoines, 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 Catch Des Moines 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 Catch Des Moines and its agents. 
  • 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 Catch Des Moines for the use of your Name or Content. 
  • Your Content does not incorporate materials from a third-party website, copyright-protected materials, or personally identifiable information of anyone other than yourself. 
  • You irrevocably release and forever discharge Catch Des Moines 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 Catch Des Moines 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. 

Catch Des Moines 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 Catch Des Moines’ defense of such claims at your own expense. 

You agree that Catch Des Moines or their agents acting on Catch Des Moines’ behalf is not responsible for nor has any obligation to pursue legal action against any infringing or alleged infringing party of Content rights. 

Modifications to these Terms and Conditions 

Catch Des Moines may, at its sole discretion, change these Terms and Conditions at any time. Any changes will be posted on https://www.catchdesmoines.com/terms-and-conditions/ and will be effective upon posting unless another effective date is specified. 

Takedown 

Should you want your Content removed from Catch Des Moines’ website (catchdesmoines.com), you will need to send a message to the following: webmaster@catchdesmoines.com.  After Catch Des Moines acknowledges receipt of your email request, please allow 30 days for action to be taken. Catch Des Moines reserves the right to deny requests in which the marketing material displaying the photo has already been printed and/or distributed.

Linking, Crawling and Archiving 

If you would like to link to the website(s) of Catch Des Moines (catchdesmoines.com) 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 Catch Des Moines. 
  • You may not use any Catch Des Moines intellectual property, including Catch Des Moines’ 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 Catch Des Moines. 
  • Your site or social media channels may not, in the sole discretion of Catch Des Moines, contain offensive, distasteful, illegal or inappropriate content. 
  • If you would like to use a web crawler or other search tool to gather information from Catch Des Moines’ website(s) you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures. 

 

Other Conditions/Restrictions 

CAUTION: Any attempt by any individual to deliberately damage the Catch Des Moines 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, Catch Des Moines 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. 

Catch Des Moines may, at its sole discretion, contact you after Terms and Conditions are accepted to request if a larger, high-resolution version of the Content is available in the event the original Content is not usable for marketing projects that require high-res photos. 

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 Catch Des Moines.