1. USER CONTENT: You hereby grant to Kerzner International Limited (“Kerzner" or “we”) and its parent and affiliated companies and their successors and assigns (collectively, the "Permitted Parties") the right and permission to use your name, handle, image, likeness, video, design, illustration, text and photograph posted to a social media platform using the #OOReethiRahTEN hashtag (collectively, the "User Content") on the One&Only website, Twitter, Facebook and Instagram (together the "Websites").
2. USE RIGHTS: The User Content you post you grant the Permitted Parties a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to use, copy, distribute, publish, exhibit, reproduce, digitize, modify, adapt, create derivative works from, publicly perform, publicly display, incorporate, and otherwise exploit such User Content for any purpose anywhere in the world. Permitted Parties are entitled to assign or sublicense all or a portion of this license in its entirety, without payment to you. You acknowledge and agree that: (a) Permitted Parties have the right to arrange the posting of User Content in any way in its sole discretion without your approval; (b) Permitted Parties have no obligation to provide you with any credit when using your User Content, but if Permitted Parties choose to provide you with credit, the size and placement of the credit is at their sole discretion; (c) any "moral rights" in your User Content are waived; and (d) you are not entitled to any compensation or other payment from the Permitted Parties in connection with use of your User Content. You agree that you will have no approval rights, no claim to compensation, no claim (including, without limitation, claims based upon breach of privacy, defamation or intellectual property infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the User Content.
3. COMPLIANCE WITH TERMS FOR THIRD PARTY WEBSITES: In order to post User Content on the Websites, you will adhere with any applicable terms and conditions. You acknowledge that you may be exposed to User Content from a variety of sources, and that Permitted Parties are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content.
4. DELETION OF USER CONTENT: You may request that we remove your User Content. We will use commercially reasonable efforts to ensure that your User Content is deleted, subject to the limitation that we may be unable to fully delete all of your User Content, particularly any User Content posted on other user pages or third party websites. We reserve the right to retain any User Content as necessary for legal or compliance purposes. You understand and agree (a) that Permitted Parties shall have no obligation to use the User Content (or any part thereof); and (b) that Permitted Parties may remove the User Content (or any part thereof) from the Websites at any time for any reason in their sole discretion. You acknowledge and agree that Permitted Parties have the right (but not the obligation), in their sole discretion, to pre-screen, review and remove User Content at any time for any reason.
5. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: You warrant: (a) you have the right to post the User Content; (b) neither the User Content nor the use of the User Content will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws; (c) the User Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous; and (d) the User Content does not contain any advertising or other commercial content. You hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of these warranties and representations.
6. LIMITATION OF LIABILITY & DAMAGES: You hereby agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the User Content or these Terms shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with submitting the User Content, but in no event will attorneys' fees be recoverable; and (c) under no circumstances, including for negligence, will and Permitted Party be liable to you for punitive, incidental or consequential damages, lost data, lost profits and/or any other damages. You acknowledge and agree that the neither the Permitted Parties nor any of their officers, directors, employees are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the User Content (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on your rights of publicity or privacy, or a claim for defamation). Under no circumstances will any of the Permitted Parties be held liable for any damage to computer systems, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. IN NO EVENT WILL ANY OF THE PERMITTED PARTIES’ TOTAL LIABILITY (IN THE AGGREGATE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USER CONTENT WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED FIVE HUNDRED DOLLARS ($500.00).
7. GOVERNING LAW: You agree that any and all disputes that you may have with, or claims you may have relating to, arising out of or connected in any way with the User Content (or any part thereof), these Terms shall be governed by the laws of Dubai and the applicable federal laws of the United Arab Emirates.