Some Content may be pulled from public Instagram accounts via the “Instagram API,” in cases where such Content contains a hashtag that references Rancho Las Cruces (“Hashtag”) or is geotagged in a way that connects the Content to Rancho Las Cruces (“Geotag”). No Content will be pulled if the Instagram or other social media account is in “private” profile mode.
- CONTENT: You retain any copyright or other intellectual property rights that you may have in the Content. You hereby grant to Rancho Las Cruces and its affiliated companies and their successors and assigns (collectively, the “Permitted Parties“) the right and permission to use your Content posted to a social media platform using one of Rancho Las Cruces resort Geotag locations or Hashtag and social handles such as Instagram Content on the Rancho Las Cruces Websites. We reserve the right, in our sole discretion, to determine which Content to use. We may publish, review, modify or remove all or part of your Content at our sole discretion.
- USE RIGHTS: You hereby grant to the Permitted Parties a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable 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 Content on the Rancho Las Cruces Website or in any other media now known or later developed for advertising, marketing or any other lawful purpose desired by the Permitted Parties. The Permitted Parties may assign or sublicense all or a portion of their rights under this agreement, including this license, without your prior consent or any payment to you. You acknowledge and agree that: (a) the Permitted Parties have the right to arrange the posting of Content in any way in its sole discretion without your prior approval; (b) the Permitted Parties have no obligation to provide you with any credit or other attribution when using your Content, provided, however, if the Permitted Parties choose to provide you with credit, the size and placement of the credit shall be in their sole discretion; (c) any “moral rights” in your 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 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) against the Permitted Parties 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 Content.
- COMPLIANCE WITH TERMS FOR THIRD PARTY WEBSITES: In order to post Content on the Rancho Las Cruces Website, you will adhere with any applicable terms and conditions of Third Party Websites. Further you acknowledge that Rancho Las Cruces Websites contains 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 Content.
- DELETION OF CONTENT: You may request that we remove your Content, and in such an event, we will take commercially reasonable steps to delete your Content Notwithstanding the foregoing, you acknowledge that we may be unable to fully delete all of your Content, particularly any Content posted to third party websites. We reserve the right to retain copies of Content as necessary for legal or compliance purposes. You understand and agree (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof); and (b) that Permitted Parties may remove the Content (or any part thereof) from the Websites at any time for any reason in their sole discretion including to comply with applicable laws or due to complaints. You acknowledge and agree that Permitted Parties have the right (but not the obligation), in their sole discretion, to pre-screen, review and remove Content at any time for any reason.
- REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: You represent and warrant that: (a) you own or otherwise have the right to post the Content; (b) neither the posting nor the use of the Content will infringe upon, misappropriate or otherwise violate the rights of any other person or entity (including, without limitation, privacy rights, publicity rights, contract rights, copyrights, trademarks and other intellectual property rights) or any applicable laws; (c) the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous; (d) the Content does not contain any advertising or other commercial content; (e) you are responsible for all royalties, fees and other monies owed related to your Content; and (f) you have the legal right and capacity to agree to these Terms in your country. 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.
- 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 Content or these Terms shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards in your favor shall be limited to actual out of pocket costs incurred, including costs associated with submitting the Content, but in no event will your attorneys’ fees be recoverable; and (c) under no circumstances, including for negligence, will any 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 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 CONTENT WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED FIVE HUNDRED DOLLARS ($500.00).
- AMENDMENTS: We reserve the right to amend these Guidelines at any time. Such amendments shall be effective at the date of posting.
- ILLEGALITY: If any part of these Guidelines is found to be unlawful or unenforceable, the unlawful or unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Guidelines shall remain in full force and effect.
- REPORTING: If you have any questions or complaints regarding these Guidelines or any requests concerning your personal information, please contact us by email at info@RanchoLasCruces.com.
- 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 Content (or any part thereof), these Terms shall be governed by the laws of Mexico.