By continuing to use this website you indicate assent to the terms and conditions; that I have read, understood and AGREE to the terms and conditions of this Consent and Release; and that IT IS MY INTENTION to enter into an agreement to waive my rights, including my right to sue, with respect to the use of MY CONTENT (as defined below).
Inter Island Launch Ltd., carrying on business as Prince of Whales Whale Watching & Marine Wildlife Adventures, ( “Prince of Whales”) wishes to use photos or videos and accompanying comments that I have posted to one or more of my Instagram, Facebook or Twitter accounts (collectively, “My Social Media Accounts”) which may include my username, image and/or other personal information (“Personal Information”) and that pursuant to this Consent and Release may be captured from My Social Media Accounts by or on behalf of Prince of Whales (“My Content”).
I agree that I am entering into this Consent and Release in exchange for the opportunity for me to participate in Prince of Whales’ tourism-related initiatives and that Prince of Whales in its sole discretion may, for the purpose of allowing My Content to be shared on Prince of Whales’ online channels, including Facebook, Twitter, Instagram, LinkedIn, Pinterest, and YouTube, sponsored and/or promoted social media posts, consumer websites, email marketing and other digital channels, both present and future (collectively “the Purpose”):
- use, reproduce, publish, distribute, broadcast and communicate My Content, in whole or in part, in all forms, media and technologies both present and future, including by way of the Internet; and
- assign or license any or all of the above rights to Prince of Whales’ service providers, representatives or other third parties (collectively, “Others”).
I understand that my Personal Information is being collected for the Purpose. I acknowledge receipt of the disclosures under section 10(1) of the Personal Information Protection Act and that I can direct any questions regarding the collection of my Personal Information under this Consent and Release to: Prince of Whales, 812 Wharf St, Victoria, BC V8W 1T3, Phone: +1 (250) 383-4884; Email: firstname.lastname@example.org
Unless and until I notify Prince of Whales otherwise in writing, I consent, effective as of the date I agree to this Consent and Release, for the Purpose, to:
- the storage of my Personal Information, inside or outside of Canada, by Prince of Whales and Others;
- access to my Personal Information, inside or outside of Canada, by Prince of Whales, Others and the general public; and
- disclosure of my Personal Information, inside or outside of Canada, to Others and the general public.
I confirm that:
- I am the sole owner of My Content, or have obtained from the rightful owner(s) all necessary rights, permissions and licenses to grant to Prince of Whales the rights described in this Consent and Release;
- I hereby waive in favour of Prince of Whales and Others all “moral rights”, as described in
subsection 14.1(1) of the Copyright Act (Canada), that I may have in My Content;
- I have no right to pre-approve any use by Prince of Whales or Others of My Content, or how my image appears in My Content; and
- unless otherwise agreed by Prince of Whales in writing, I am not entitled to any fees, royalties or other compensation (financial or otherwise) for any use of My Content by Prince of Whales or Others.
I agree to waive my rights to, and to release and hold harmless Prince of Whales and Others from, any and all claims I may have against them by reason of any fact or matter in any way relating to their use of My Content, or otherwise relating to the subject matter of this Consent and Release. I further agree to fully indemnify Prince of Whales and Others for all expenses, costs and damages arising from any third-party claim relating to My Content, including with respect to the misuse of Personal Information and/or the infringement of any intellectual property or other proprietary rights.
This Consent and Release forms the entire agreement between the parties relating to its subject matter. This Consent and Release will be governed by the laws of British Columbia and any applicable laws of Canada. The courts of British Columbia sitting in Victoria will have exclusive jurisdiction over any dispute arising from or relating to this Consent and Release or its subject matter.