These terms and conditions (“Terms and Conditions”) govern the use by Caesars Enterprise Services, LLC and its affiliated companies (“Company”) of the photo(s) or audiovisual content that you have authorized Company to use(collectively, “Content”). Company’s use of Content and all related personal and contextual information is specifically agreed to by you in accordance with these Terms and Conditions.
GRANT OF RIGHTS: In exchange for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and by responding to Company’s request with a post or message containing “#yes”, you grant to Company a worldwide, limited, irrevocable, non-exclusive, sublicensable, transferable, royalty-free license to edit, alter, make composites or modify the Content in Company’s sole discretion and to use, display, reproduce, stream, or otherwise use the Content and any personal identification and information including, without limitation, your social media user name and other publicly or contextual available information in connection with the Content for any reason whatsoever, including but not limited to advertising, marketing, publicity and promotional purposes in any and all media worldwide in perpetuity without further notice, consent, or payment to you. You represent and warrant that you have received permission from all persons who are identified, depicted, or otherwise referred to in the Content to allow Company to use the Content without incurring any payment or other obligation to, or otherwise violating any right of, any such person.
GENERAL LIABILITY RELEASE: Acceptance of these Terms and Conditions constitutes your permission for Company to use the Content and any personal identification and information including, without limitation, your social media user name and other publicly or contextual available information in connection with the Content for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. In no event shall Company be liable for any indirect, special, incidental, consequential, or punitive damages in connection with Company’s use of the Content.
REPRESENTATIONS AND WARRANTIES: You represent and warrant that you and any other person appearing in the photo are twenty-one (21) years of age or older. You agree that Company has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Content or Company’s use of the Content. You represent and warrant that you own or have the right to post the Content, that the Content does not infringe on the rights of any third party including, without limitation, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy and the Content is not false, inaccurate, abusive, indecent, misleading or otherwise offensive.
INDEMNIFICATION: You agree to defend at your own expense, indemnify, and hold harmless Company, and its parents, subsidiaries, affiliated entities, and each of their respective officers, directors, executives, employees, agents, insurers, managers, partners, principals, licensees, and representatives, from and against all claims, including, fines, penalties, interest, damages, expenses, awards, costs, demands, liability, attorney’s fees, court costs, costs of appeal, and expert witness fees that result from or in any way related to: (i) your breach of these Terms and Conditions or willful misconduct; (ii) alleged infringement of copyright, trademark, or other intellectual property rights; (iii) or your failure to comply with the laws, rules, regulations, ordinances, statutes, codes and orders of any governmental or quasi-governmental or regulatory or administrative authority.
GOVERNING LAW/JURISDICTION/VENUE: These Terms and Conditions shall be governed by, construed in and enforced exclusively in accordance with the laws of the State of Nevada, without regard to its conflict of laws, provisions or the residence of its parties. Any and all disputes, claims and causes of action arising out of or in connection with the Content shall be resolved individually, without resort to any form of class action. Any lawsuit to interpret or enforce these Terms and Conditions shall be brought exclusively in a court of competent jurisdiction in the State of Nevada. You expressly consent to personal jurisdiction in Nevada for the purpose of resolving any dispute related to the making or interpretation of these Terms and Conditions. NOTICE: Any and all notices in connection with these Terms and Conditions shall be in writing to Company as follows: Caesars Enterprise Services, LLC, Attention: General Counsel, Law Department, One Caesars Palace Drive, Las Vegas, Nevada 89109.