We The People, LOVE Philadelphia

Terms of Service

1. ACCEPTANCE OF PCVB TERMS

   Welcome to the Philadelphia Convention & Visitors Bureau’s (PCVB) multimedia library, “We the People, LOVE Philadelphia.” Your use of We the People, LOVE Philadelphia is subject to these Terms. PCVB reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference. You can always find the most recent version of these Terms at INSERT WEB SITE URL.

2. DESCRIPTION OF SERVICE

   We the People, LOVE Philadelphia provides functionality that allows PCVB Web site users to upload multimedia content to be hosted by PCVB and to be indexed and crawled by PCVB's Web site search technology for public display on PCVB's network of properties, including without limitation, www.PhiladelphiaUSA.travel, www.PhiladelphiaMAC.org, www.PhiladelphiaSportsCongress.com, www.PhillyLovesArmyNavy.com , and on PCVB's syndicated third party sites, and for the public posting, viewing and sharing of the Content with others. You expressly acknowledge and agree that We the People, LOVE Philadelphia is a public service, that once You submit Your Content for inclusion into We the People, LOVE Philadelphia, it will be accessible by others, and that there is no confidentiality or privacy with respect to Your Content. There is no cost to you to submit Your Content.

3. PROHIBITED CONTENT AND CONDUCT

   By submitting Your Content, You agree:

   1. that You own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights ("Rights") to the Content, and any audio, music, text, or other works of art that You incorporate into Your Content, and to authorize PCVB to use and include the Content in We the People, LOVE Philadelphia in the manner contemplated in these Terms.
   2. that You have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use such person's name or likeness for use and inclusion in We the People, LOVE Philadelphia in the manner contemplated in these Terms.
   3. not to include any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
4. SUBMISSION OF VIDEO CONTENT TO PCVB

   You retain ownership to the Content You submit for inclusion into We the People, LOVE Philadelphia. However, by submitting Your Content to PCVB, You hereby grant PCVB the following worldwide, royalty-free, non-exclusive, and transferable rights and licenses:

   1. to host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode the Content to appropriate media formats, standards or mediums as part of We the People, LOVE Philadelphia;
   2. to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display the Content on We the People, LOVE Philadelphia or on any PCVB property, including in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels; and
   3. to use Your Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute Your Content in any media format or medium and through any media channels.

   By submitting Your Video Content for inclusion into We the People, LOVE Philadelphia, you also grant the following use of and rights to Your Content to others: (i) the non-exclusive license to access Your Content through We the People, LOVE Philadelphia; (ii) the ability for PCVB Web site users ("PCVB Web site Users") to rate, review, comment on and tag Your Content; (iii) the ability to embed PCVB's multimedia player with Your Content on their web site; (iv) the ability for PCVB Users to send and distribute Your Content via E-mail or Instant Messenger; (v) the ability to access Your Content via PCVB's web service APIs or via RSS or any similar XML or related feeds; and (vi) the non-exclusive license to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform Your Content as permitted through the functionality of We the People, LOVE Philadelphia and under these Terms.

   The foregoing licenses granted by You shall terminate once You remove or delete Your Content from We the People, LOVE Philadelphia.

5. ADVERTISING RIGHTS

   PCVB reserves and has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with Your Content and PCVB will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. Nothing in these Terms obligates or may be deemed to obligate PCVB to sell, license or offer to sell or license any advertising, promotion or distribution rights.

6. INDEMNITY

   You agree to indemnify and hold harmless PCVB, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of and access to We the People, LOVE Philadelphia, Your violation of the Terms, Your violation of any rights of another person or entity, or Your violation of any applicable laws or regulations.

7. PCVB'S RESERVATION OF RIGHTS

   In addition to all other legal remedies available to PCVB, You acknowledge that PCVB has the right to remove Your Content from We the People, LOVE Philadelphia or refuse to include Your Content in We the People, LOVE Philadelphia in its sole discretion, believes You have: (i) violated or tried to violate the rights of PCVB or others; or (ii) violated or tried to violate or acted inconsistently pursuant to these Terms.

8. INVALIDITY OF SPECIFIC TERMS

   If any provision of these Terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.

9. LOCATION OF LAWSUIT

   The Terms, which apply to Your use of We the People, LOVE Philadelphia, provide that both You and PCVB agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Philadelphia, Pennsylvania, USA.