Terms & Conditions

Welcome to the Terms & Conditions of Use for this web site (the "Site"). Your use of the Site is subject to these Terms & Conditions along with any specific terms and conditions set forth on the individual pages within this Site (collectively, the "Terms & Conditions") and all applicable laws and regulations, including those regarding copyright, trademark, and other intellectual property rights.

PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE USING THE SITE.  BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS & CONDITIONS.  We reserve the right to change, update, or correct any of the Terms & Conditions or any information contained in the Site at any time without notice by posting amended terms to the Site.  Your continued use of the Site means that you accept and agree to the revised Terms & Conditions.  If you do not accept these Terms & Conditions (as amended from time to time), please exit the site immediately.

USE OF THE SITE

General

You may only download photograph(s) from the Site ("Footage") if you are at least 18 years of age and can form legally binding contracts under applicable law. The Site is not intended for and should not be used by minors. You agree to comply with these Terms & Conditions and any such applicable additional terms and conditions.

License

Hyatt Corporation and/or its affiliates, subsidiaries and licensees (collectively "Hyatt") grant you a limited, revocable, non-exclusive, royalty-free, worldwide, license to use the Footage solely in connection with a bonafide news article in any media, technology and device now known or hereafter developed. 

You may not alter, retouch, crop or use in composite form the Footage; provided, however, you may resize the Footage only as necessary for distribution.

In the event that Hyatt requests you to cease using any Footage, you agree to immediately comply with such request and shall stop using the Footage and shall remove it from any website within ten (10) days.

Ownership and/or Authorization to Use and Display any Uploaded Photograph(s)

The rights granted herein do not convey to you any right of ownership in or related to the Footage.

Prohibited Uses

Any commercial use of this Site or Footage is expressly prohibited unless you have obtained prior written consent from Hyatt. You may not use this Site to create any content that is unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere or disrupt the Site, (b) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, intercept, disrupt, or harm (or are intended to do any of the preceding) the Site, including the underlying software, hardware, systems, and any users of the Site or their devices, (c) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor or copy the Site without Hyatt’s prior express written consent, or (d) use any device, software, or other instrument to monitor, copy, interfere with, or attempt to interfere with this Site, its content, or its operation without Hyatt’s prior express written consent.

Availability

The Site is available to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. The content of the Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.

Hyatt Trademarks
Hyatt®, Hyatt Hotels & Resorts®, Park Hyatt®, Andaz®, Hyatt Regency®, Grand Hyatt®, Hyatt Place®, Hyatt House®, Hyatt Residence Club™, Camp Hyatt®, Grand Club®, Regency Club®, Hyatt Gold Passport®, and other related marks used on the Site (collectively, "Hyatt IP") are trademarks of Hyatt Corporation and its affiliates. The use of the ® symbol designates marks that are registered with the U.S. Patent and Trademark Office, and such marks may also be registered with the trademark offices of certain other countries. Those marks and related names, trademarks, logos, designs, and trade dress shown on the Site are owned by Hyatt and protected by the trademark laws of the United States and other jurisdiction.

You will not use any Hyatt IP, or any confusingly similar marks, except with our prior written permission.

Notice and Procedures for Making Claims of Copyright Infringement

Hyatt respects the intellectual property rights of third parties.  Hyatt responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act ("DMCA") at 17 U.S.C. § 512 et seq. Regardless of whether or not Hyatt believes that it is liable for any copyright infringement for which we are provided notice, Hyatt’s response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Site, at Hyatt’s sole discretion and operating within the parameters of the DMCA.

If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact:

Hyatt Corporation

Attn: Copyright Agent, Legal Department

71 South Wacker Drive,

Chicago, IL 60606

copyright@hyatt.com

with the following information:

• Your name, address, telephone number and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of the allegedly infringing material and where it is located on the Site;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;
• A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf; and
• Your written or electronic signature attesting to the above.

If your content has been removed from the Site in response to Hyatt’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting Hyatt at:

Hyatt Corporation


Attn: Copyright Agent, Legal Department


71 South Wacker Drive,


Chicago, IL 60606


copyright@hyatt.com

with the following information:

• Your name, address, telephone number and email address;
• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for Hyatt would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
• A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
• A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your written or electronic signature attesting to the above.

GENERAL LEGAL TERMS

Right to Restrict Access

In addition to any other rights or remedies that may be available to Hyatt, Hyatt may, without any liability whatsoever, in its sole discretion terminate or restrict your access or use of this Site at any time and without notice.

Warranty Disclaimer

YOUR USE OF THE SITE AND THE FOOTAGE IS AT YOUR OWN RISK.  THE SITE AND THE FOOTAGE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

Limitation of Liability

NEITHER HYATT NOR ANY HYATT PARENT NOR ANY OF HYATT SUBSIDIARY, DIVISION, AFFILIATE, AGENT, REPRESENTATIVE OR LICENSOR SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, THE FOOTAGE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HYATT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HYATT’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST HYATT, ITS PARENT, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE SITE.

Jurisdiction / Governing Law / Choice of Forum

This Site is controlled and operated by Hyatt from its offices within the State of Illinois, United States of America.  Hyatt makes no representation that the content or materials on this Site (including the Footage) are appropriate or available for use in other locations.  These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of Site shall be governed in all respects by and construed and enforced in accordance with the laws of the State of Illinois, U.S.A., without regard to its conflicts of law principles.  Exclusive jurisdiction over any cause of action arising out of these Terms & Conditions or your use of the Site shall be in state or federal courts located in or near Chicago, Illinois, U.S.A.  You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability

If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties.  All other provisions of these Terms & Conditions shall remain in full force and effect. 

No Waiver

Hyatt’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision.  Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms & Conditions.

CONTACT

If you have any questions or concerns regarding this Site, please contact Siân Martin at sian.martin@hyatt.com.