Terms and Conditions

The Detroit Metro Convention & Visitors Bureau (DMCVB) welcomes you to visitdetroit.com. We ask that you read the following terms of use, which constitutes a license that covers your agreement and granting permission to the DMCVB to use your content (“AGREEMENT”). By accessing, viewing, or using this website, you acknowledge that you have read, understand, and agree with these terms. If you do not wish to be bound by these terms, do not agree and grant permission to the DMCVB to use your content.

1, Participant Agreement

By either (i) uploading your Content (hereafter defined) to the Detroit Metro Convention and Visitors Bureau (“DMCVB”) website, or (ii) submitting your content to the DMCVB through a social media platform, you hereby agree that you are granting to the DMCVB, and affiliates, subsidiaries, sublicensees, and partners (collectively, “Visit Detroit”) a license and rights to use your Content as set forth in these terms and conditions.  You further acknowledge that by submitting your content to Visit Detroit that you have read and are familiar with these terms and conditions and that these terms and conditions constitute legally enforceable promises that you are making to Visit Detroit.  YOU agree that Visit Detroit is relying on your promises to conduct its business and will incur expenses in doing so.

2. Allowable Participants

You represent, warrant and agree that you are 18 years of age or older and have the legal right to enter into this Agreement and to grant the rights to use your Content, as outlined in these terms and conditions, to Visit Detroit.

3. Ownership of Content

You represent and warrant: (i) that you are the owner of the image, video, audio, graphics, text, or code (“Content”) and possess all the necessary rights, title and interest to grant the rights set forth in these terms and conditions to Visit Detroit; (ii) the Content is free and clear of any claim, right or encumbrance in favor of any third party that would limit or in any way restrict the rights or exercise of the rights granted to Visit Detroit in these terms and conditions; (iii) the use of the Content by Visit Detroit in accordance with the rights granted to Visit Detroit does not violate any copyright, trademark, moral right, right of privacy or right of publicity of you or any third party, or infringe upon or misappropriate any intellectual property rights of any third party.

4. Model releases

You warrant and agree that you have obtained model releases for all individuals who appear in the Content, including children under eighteen years of age where release is obtained from their parent or guardian.

5. Voluntary Assignment of Rights

You agree that you are voluntarily providing Visit Detroit with the rights to use your Content according to these terms and conditions and will not receive any compensation or payment from Visit Detroit for these rights. Neither you nor your successors, heirs, legal representatives and assigns will receive or solicit payment for such rights at any point in time.

6. Rights to Use Content

You hereby grant to Visit Detroit and its partners a non-exclusive, perpetual, worldwide, sub licensable, royalty-free license to use, access, load, download, store, install, copy, publish, distribute, communicate, exhibit, produce, reproduce, print, broadcast, display, sub-license and/or assign (hereinafter to “use” or “make use”) the Content for all purposes, including for advertising, marketing, promotion, education, publicity, public relations and/or editorial purposes in any and all media now existing or hereafter developed, including but not limited to print, electronic and digital media. Except for Visit Detroit’s license rights contained in this Agreement, you continue to own all rights in and to the Content. To the extent your Content contains other materials or elements owned by Visit Detroit or any third party licensors, such as characters or other elements protected by copyright, trademark or other laws, your rights to make use of the Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and Visit Detroit. Visit Detroit is under no obligation to use the Content.

7. Credit for Content

Visit Detroit and its partners shall exercise reasonable efforts to include credit to you when using the Content, provided that the details such as your name and/or social media identity (handle) are included by you. You voluntarily agree to waive all moral rights in favor of Visit Detroit and under no circumstance shall a failure to include credit by Visit Detroit or sublicensees constitute a breach of this Agreement.

8. Indemnification

You shall at all times indemnify and hold harmless Visit Detroit, its partners, directors, officers, agents, employees, from and against all losses, claims, demands, awards, judgments, actions and proceedings by whomsoever made, brought or prosecuted, resulting from or arising out of, attributable to or in any way connected with the Content and the license and rights granted by this Agreement and whether or not caused by your negligence, including without limitation any actions brought by third parties alleging infringement or misappropriation of intellectual property rights in and to the Content, except to the extent to which such loss or damage has arisen out of Visit Detroit‘s gross negligence or willful misconduct.  You further agree that neither you nor your successors, heirs, legal representatives and assigns will commence proceedings against Visit Detroit and its partners regarding copyright or moral rights in the Content.

Governing Law

You shall comply with all laws applicable to the performance of your obligations under this Agreement. You agree that all matters relating to this Agreement shall be interpreted in accordance with the laws applicable in the State of Michigan, without reference to its conflict of law provisions, and the parties agree to the exclusive jurisdiction of the Courts in the State of Michigan located in Wayne County, Michigan. This Agreement shall ensure to the benefit of, and be binding upon, the successors, heirs, legal representatives and assigns of each of Visit Detroit and you, as applicable.