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. What does it mean to give us the rights to your content by replying with #yesMC? Below are some FAQs followed by official terms and conditions:
FREQUENTLY ASKED QUESTIONS (FAQ’S)
Q; Who are you?
A: Pacific Hospitality Group Ventures, Inc. (“PHG”) is a hotel development company that owns and operates the Meritage Collection, a collection of luxury Hotels and Resorts.
Q; Why are you asking for the rights to my photo/video?
A: Because we love the photo/video you took! And we hope you’ll allow us to potentially share it with the world to inspire people to visit one of the Meritage Collection properties.
Q: Where and how will you use the photo/video?
A: 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 and Facebook —in both organic and paid posts, on our website, internal collateral, and/or print and digital ad placements. For a more detailed list of all possible usage, please see below “Non-Confidentiality.”
Q: Why do you say “potentially share it” and not “definitely share it”?
A: Marketing plans can evolve, and we may not use the photo/video where we originally had in mind or we may use different content in a placement instead.
Q: Will you let people know it’s my photo/video?
A: We’ll do our best to give you credit by displaying your username, name, or image when and where we can, but a limited number of placements may not allow for it.
Q: Will you edit my photo/video?
A: 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 photo/video and we don’t want to mess it up.
By replying to Pacific Hospitality Group Ventures, Inc.’s (“PHG”) request via the Meritage Collection to participate in CrowdRiff (content aggregation tool) with the hashtag #yesMC, you agree to all of the terms and conditions in this agreement (“Terms and Conditions” or “Agreement”). PHG, which owns and operates the Meritage Collection and websites phg.com and meritagecollection.com (collectively, “Websites”) also agrees to abide by these Terms and Conditions. PHG 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 PHG.
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.
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 PHG’s request to participate, you provide PHG with the unlimited, worldwide right to use and share your Name and Content on its Websites; in all of its social media channels, such as Facebook and Instagram, including both organic posts and paid ads; its printed marketing materials such as the in-house collateral and more; digital ads; Websites, editorial placements on third-party sites, and other promotional materials of any kind or type.
MERITAGE COLLECTION RIGHTS TO USER GENERATED CONTENT
By replying to PHG’s request to participate in CrowdRiff (content aggregation tool) with the hashtag #yesMC, you are agreeing to these Terms and Conditions. You grant PHG and its affiliates 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 PHG or its affiliates deem appropriate. To be clear, PHG 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. PHG 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. PHG is not responsible for any loss, theft, misuse or damage of any kind to your Content.
By replying to PHG’s request to participate in CrowdRiff (content aggregation tool) with the hashtag #yesMC, you represent and warrant that:
- You are at least 18 years of age, 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 PHG 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 PHG and its affiliates.
- 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 PHG 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.
- Your Content does not reflect negatively in any way upon PHG, the Meritage Collection or its member Hotels and Resorts.
- You irrevocably release and forever discharge PHG and its affiliates, employees, contractors, managed properties, 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.
You agree to indemnify, defend and hold harmless PHG and its affiliates, employees, contractors, managed properties, 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. PHG 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 PHG’s defense of such claims at your own expense. You agree that PHG or its agents acting on its behalf are not responsible for nor have any obligation to pursue legal actions against any infringing or alleged infringing party of Content rights.
MODIFICATIONS TO THESE TERMS AND CONDITIONS
PHG may, at its sole discretion, change these Terms and Conditions at any time. Any changes will be posted on https://meritagecollection/terms-and-conditions/social and will be effective upon posting unless another effective date is specified.
Should you want your Content removed from PHG’s Websites, you will need to send a message to firstname.lastname@example.org outlining the request. After PHG acknowledges receipt of your email request, please allow 30 days for action to be taken, though PHG reserves the right to deny any such request.
LINKING, CRAWLING AND ARCHIVING
If you would like to link content to PHG’s Websites, including meritagecollection.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 PHG’s Websites.
- You may not use any PHG intellectual property, including the Meritage Collection and its member Hotels and Resorts and their related 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 PHG or the Meritage Collection and its member Hotels and Resorts.
- Your site or social media channels may not, in the sole discretion of PHG, contain offensive, distasteful, illegal or inappropriate content.
- If you would like to use a web crawler or other search tool to gather information from PHG’s Websites, including meritagecollection.com, you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.
Any attempt by any individual to deliberately damage PHG’s Websites, including meritagecollection.com, 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, PHG 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. PHG 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.
These Terms and Conditions together with any additional terms to which you agree when using particular elements of PHG’s Websites constitute the entire and exclusive agreement between you and PHG.