Luxury Retreats reaches out to social media users to seek their permission tofeature our favorite content on our various sites, social channels, and variouspromotional materials. You are reading this because Luxury Retreats hasrequested your permission to use your social media content in this way.
If you choose to allow us to use your social media content ("User Content") byreplying with the hashtag #LuxuryRetreatsPhoto, you agree to these Terms of Use.
When these Terms mention "Luxury Retreats," "we," "us," or "our," it refers tothe Luxury Retreats company you are contracting with, which depends on thedestination where your content is generated as follows:
• If your content is generated from destinations in Canada or Barbados,you are contracting with Luxury Retreats International ULC ("LRI").
• If your content is generated from destinations in Saint Martin, you arecontracting with SVV SXM ("Carimo").
• If your content is generated from destinations outside of Canada,Barbados, and Saint Martin, you are contracting with Luxury RetreatsManagement Inc. ("LRM").
Luxury Retreats engages a limited number of service providers to facilitate thecollection and transmission to the Luxury Retreats websites(www.luxuryretreats.com and others) (the "Site"), social media channels, promotional materials and other properties ("Luxury Retreats Properties") ofUser Content, including photos, text, graphics, audio, video, locationinformation, comments and other materials from social media sites, for use byLuxury Retreats in connection with its business, including Luxury Retreatsproduct feature, marketing, promotional, advertising and otherconsumer-related activities (the "Luxury Retreats Services").
Luxury Retreats reserves the right to alter these Terms of Use withoutadvance notice by posting a revised Terms of Use. Accordingly, you shouldreview the Terms of Use each time you grant permission or authorization tofeature your User Content.
USER CONTENT LICENSEYou hereby grant to Luxury Retreats and its related companies, agents,licensees, sublicensees, contractors, successors, legal representatives,assigns, and third-party service providers, and their respective retail partners,marketing or public relations agencies, and other affiliates (the "LicensedParties") a worldwide, perpetual, irrevocable, royalty-free, fully-paid,non-exclusive, transferable, sublicensable right to use your User Content inany manner to be determined in the Licensed Parties' sole discretion,including but not limited to on webpages and social media pages operated bythe Licensed Parties, in promotional e-mails and advertisements, and in anyand all other marketing, promotional and advertising initiatives, and in anymedia now or hereafter known. The Licensed Parties may use, display,reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their solediscretion, with no obligation to you whatsoever.
You grant the Licensed Parties the right to use your username, real name,image, likeness, descriptions of you, location or other identifying information,including but not limited to your voice, in connection with any use of your UserContent.
You hereby agree and represent and warrant that (i) you are solelyresponsible for your User Content, (ii) you own all rights in and to your UserContent and/or have obtained appropriate rights and permissions from anyand all other persons and/or entities who own, manage or otherwise claim anyrights with respect to such User Content, (iii) you are not a minor, (iv) theLicensed Parties' use of your User Content as described herein will not violatethe rights, including but not limited to copyright, trademark, patent, tradesecret, privacy, publicity, moral, proprietary or other rights, of any third party,or any law, rule or regulation, and (v) the User Content is not libelous,defamatory, obscene, pornographic, abusive, indecent, threatening,harassing, hateful, or offensive or otherwise unlawful.
You hereby release, discharge and agree to hold the Licensed Parties, andany person acting on their behalf, harmless from any liability related in anyway to the Licensed Parties' use of your User Content
The User Content that you submit is deemed non-confidential and theLicensed Parties have no obligation to maintain the confidentiality of anyinformation, in whatever form, contained in any submission, except pursuant to the Licensed Parties' respective privacy policies. By using this Site or theServices, you are consenting to the Licensed Parties' collection of anypersonal information you provide for the Licensed Parties' use and disclosurein connection with the use of your User Content as described herein. If you donot agree to the collection, use and disclosure of your personal information inthis way, please do not use this Site or the Services or otherwise provide theLicensed Parties with personal information. Your personal information may betransferred to servers located outside the country in which you live or to thirdparties in other countries so that they may process personal information onthe Licensed Parties behalf. By using the Site or the Services or otherwiseproviding the Licensed Parties with personal information, you agree to theforegoing collection, use, disclosure, transfer and processing of yourinformation in accordance with the terms of these Terms, the Privacy Policyand applicable data protection laws and regulations
The Licensed Parties reserve the right to remove any User Content from theSite and the Luxury Retreats Properties. If you believe any content, includingUser Content, residing on the Site or on the Luxury Retreats Properties ordisplayed or used in connection with the Luxury Retreats Services infringesany person's or entity's copyright rights, please refer to the Copyright Policy of our parent company, Airbnb: www.airbnb.com/terms/copyright_policy.
ADDITIONAL TERMSThese Terms of Use apply to the entire Site, the Luxury Retreats Propertiesand Luxury Retreats Services and to your User Content unless otherwiseprovided. In addition, to the extent your User Content is displayed on the Site or on any of the Luxury Retreats Properties or in connection with the LuxuryRetreats Services, you also will be subject to additional terms of use,agreements, guidelines or rules provided by Luxury Retreats applicable tosuch Luxury Retreats Services and User Content, including but not limited tothose set forth on the Luxury Retreats website at https://www.luxuryretreats.com/privacy-terms, and you hereby agree to bebound by such additional terms of use or service, agreements, guidelines,instructions or rules provided or posted by Luxury Retreats (the "Luxury Retreats Terms")
You certify that you are at least 18 years of age
INTELLECTUAL PROPERTY RIGHTSThe Site, Luxury Retreats Services or Luxury Retreats Properties may beprotected by copyright, trademark and other intellectual property laws. Youacknowledge and agree that you do not acquire any ownership or other rightsin proprietary information and materials of Luxury Retreats by authorizing useof your User Content or otherwise using or accessing the Site, the LuxuryRetreats Services or the Luxury Retreats Properties
MISCELLANEOUSThese Terms of Use are personal to you and may not be assigned ortransferred by you for any reason whatsoever without Luxury Retreats' prior written consent; and any action or conduct in violation of the foregoing shallbe void and without effect.
You agree that if Luxury Retreats does not exercise or enforce any legal rightor remedy which is contained in these Terms of Use (or which LuxuryRetreats has the benefit of under any applicable law), this will not be taken tobe a formal waiver of Luxury Retreats' rights and that those rights or remedieswill still be available to Luxury Retreats.
If any court of law, having the jurisdiction to decide on this matter, rules thatany provision of these Terms of Use are invalid, then that provision will beremoved without affecting the rest of the Terms of Use. The remainingprovisions of these Terms of Use will continue to be valid and enforceable.
Last updated: May 11, 2018