YRT maintains a presence on social media and regularly contacts other social media users through the various platforms to seek their express consent to feature some of their user generated content on YRT’s websites, social media channels, digital and printed publications and various other promotional materials (“YRT Channels”) to further their mission to promote the local regions (“YRT Usage”).
YRT also permits its related bodies corporate, employees, contractors, agents, licensees, sub-licensees (including, but not limited to local businesses within the Yarra Valley and Dandenong Ranges), successors, legal representatives, assigns, third-party service providers, and other affiliates (“Associated Parties”) to use some of the materials which appear on the YRT Channels to provide YRT with services, assist YRT to promote the local regions or for their own promotional purposes (“Associate Usage”).
WHY YOU HAVE BEEN DIRECTED HERE
You have been directed to view and consider providing YRT with this consent because YRT may wish to feature the specific piece of content on which YRT has commented directing you to this consent (“Requested Content”) on the YRT Channels, and to allow the Associate Usage of the Requested Content by the Associated Parties, and therefore YRT wishes to seek your prior express consent to that usage.
HOW TO PROVIDE YOUR CONSENT
If you consent to YRT and the Associated Parties (together, the “Licensed Parties”) using the Requested Content for the YRT Usage and the Associate Usage, at their absolute discretion, in accordance with the terms set out in this consent, please reply to YRT’s request on the Requested Content with #YRTConsent.
You will not be remunerated in any way for providing your consent and you should read the full terms of this consent prior to responding to YRT’s request for your consent, as your consent is binding, provided on the full terms set out herein, and cannot be withdrawn after it has been given, even if you later delete your response on the Requested Content.
LICENCE TO USE REQUESTED CONTENT
By providing your consent, you grant to the Licensed Parties a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, sub-licensable right to use the Requested Content in any manner to be determined by the Licensed Parties’ in their sole discretion in connection with the YRT Usage and the Associate Usage, including but not limited to on websites and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives at any time after you have provided your consent.
In providing your consent, you agree that the Licensed Parties may copy, use, display, reproduce, distribute, transmit, create derivative works from, combine with other content, alter and/or edit the Requested Content in any manner in their sole discretion, with no obligation to you whatsoever, including to credit you. You expressly acknowledge and agree that the Licensed Parties may take screenshots and / or save the Requested Content for that and other purposes.
You grant the Licensed Parties the right to use your name, social media handles, images, likeness, descriptions of you, location or other identifying information, including but not limited to your voice and video recordings, in connection with any use by the Licensed Parties of the Requested Content.
You hereby agree, represent and warrant that:
- you are over the age of 18 years at the time of providing your consent;
- you own all rights in and to the Requested Content or have obtained appropriate rights and permissions from any applicable third parties to enable you to provide this consent;
- the Licensed Parties are free to openly use the Requested Content as set out in this consent; and
- the Licensed Parties’ use of the Requested Content as described herein will not infringe on any third party’s rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights.
You hereby release, discharge and agree to indemnify and hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of the Requested Content in accordance with this consent.
NO OBLIGATION TO USE REQUESTED CONTENT
Providing your consent to the Licensed Parties’ use of the Requested Content does not require the Licensed Parties to use the Requested Content on any specific YRT Channel, on the YRT Channels at all or in any other way.
No failure or delay by the Licensed Parties in exercising any right, power, or privilege afforded to the Licensed Parties by virtue of this consent shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
AMENDMENTS TO THIS CONSENT
YRT may amend the terms of this consent and publish updated versions on the YRT website from time to time. You should review the full terms of the consent each time you are asked to provide your consent (if more than once), as these terms as they appear on the YRT website at the time you provide your consent each time will apply in relation to that consent provided.
If any provision of this consent shall be held invalid, it shall be severed from this consent and the remaining provisions shall remain in full force and effect.
This consent is governed by the law in force in the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with this consent.
Updated 26 February 2021