User Generated Content Guidelines

PARTICIPANT AGREEMENT
By replying to the request of Alcatraz City Cruises LLC (“Alcatraz City Cruises”) to participate in our Digital Marketing Program with the hashtag #YesAlcatraz, you agree to all the terms and conditions in this agreement (“Terms and Conditions” or “Agreement”). Alcatraz City Cruises, which does business using the domain name alcatrazcruises.com, also agrees to abide by these Terms and Conditions. Alcatraz City Cruises may terminate its websites or its use of your content at any time at its sole discretion. Any attempt by you to change any of the Terms and Conditions is hereby rejected, and shall not be made part of the Terms and Conditions unless expressly agreed to in writing by an authorized representative of Alcatraz City Cruises.

ALLOWABLE PARTICIPANTS
You must be 18 years of age or older and have the legal right to enter into this agreement and to grant any and all rights to your user-generated content (“Content”) in the form of original photography, video or text.

NON-CONFIDENTIALITY
You understand and agree that your Content will be publicly displayed, and that it will not be treated in confidence. In fact, Alcatraz City Cruises expects that many people from around the world will be able to view your Content. By replying to Alcatraz City Cruises request to participate, you provide Alcatraz City Cruises with the unlimited, worldwide right to use and share your Content on its websites, including, for example, www.alcatrazcruises.com, as well as in all of its social media channels, such as Facebook, Twitter and Instagram.

ALCATRAZ CITY CRUISES RIGHTS TO USER GENERATED CONTENT
By replying to Alcatraz City Cruises’ request to participate in our Digital Marketing program with the hashtag #YesAlcatraz, you are agreeing to these Terms and Conditions. You grant Alcatraz City Cruises and its agents a perpetual, transferable, sublicensable, non-exclusive, worldwide license to (a) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or works, publish, translate, publicly perform, publicly broadcast and publicly display your Content (or any modification thereto) in whole or in part, in any format or medium now known or later developed, and (b) use (and permit others to use) your Content in any manner and for any purpose, including without limitation: marketing, advertising, commercial or promotional purposes that Alcatraz City Cruises or its agents deem appropriate. To be clear, Alcatraz City Cruises will have the right, but not the obligation, to use the Content, as authorized in this Agreement.
You agree that you are solely responsible for your Content. Alcatraz City Cruises is not required to host, display, or distribute any Content on or through its websites, on social media or otherwise, and may remove Content at any time or refuse Content for any reason. Alcatraz City Cruises is not responsible for any loss, theft, misuse or damage of any kind to your Content.
By replying to Alcatraz City Cruises’ request to participate in our Digital Marketing Program with the hashtag #YesAlcatraz, you represent and warrant that:

• You are at least 18 years of age, you have the legal right to enter into this agreement and you are not impersonating anyone else.
• You own all rights in and to your Content including without limitation, all rights to the audio, video and or digital recording and performance contained in your Content (if any) and/or you have acquired all necessary rights to the elements appearing in your Content to enable you to grant all the rights to Alcatraz City Cruises as described herein.
• Your Content is wholly original and does not infringe on the copyright, trademark, patent, trade secret or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third party individual or entity.
• You agree to release and allow all creative license and creative treatment in the use and production of your Content at the discretion of Alcatraz City Cruises and its agents.
• You voluntarily agree to waive all “moral rights” that you may have to your Content.
• Any information contained in your Content is not known to or reasonably believed by you to be false, inaccurate or misleading.
• Your Content does not violate any law.
• You were not and will not be compensated or granted any consideration by any third party for submitting your Content.
• You will not be compensated or granted any consideration in any way by Alcatraz City Cruises for the use of your Content.
• Your Content does not incorporate materials from a third party website, copyright-protected materials or personally identifiable information of anyone other than yourself.
• Your Content does not reflect negatively in any way upon Alcatraz Island or the marketing, advertising, commercial or promotional efforts of Alcatraz Island or Alcatraz City Cruises.
• You irrevocably release and forever discharge Alcatraz City Cruises and its agents, directors, officers, affiliated entities, employees, contractors and third party providers (“Released Parties”) from any and all actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter may have against any of the Released Parties, or their respective successors or assigns, arising out of or related in any way to use of your Content or anything contained therein.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Alcatraz City Cruises and its agents directors, officers, affiliated entities, employees, contractors and third party providers (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable attorney’s fees) that any of the Indemnified Parties may incur arising out of or related to the Content or your breach of this Agreement. Alcatraz City Cruises reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with Alcatraz City Cruises’ defense of such claims at your own expense.

MODIFICATIONS TO THESE TERMS AND CONDITIONS
Alcatraz City Cruises may, at its sole discretion, change these Terms and Conditions at any time. Any changes will be posted on https://www.alcatrazcruises.com/privacy-policy/ and will be effective upon posting unless another effective date is specified.

TAKEDOWN
Should you want your content removed from Alcatraz City Cruises’ website(s), you will need to send a message to the following: [email protected]. After Alcatraz City Cruises acknowledges receipt of your e-mail request, please allow 30 days for action to be taken, though Alcatraz City Cruises reserves the right to deny any such request.

GENERAL
These Terms and Conditions and the Privacy Statement together with any additional terms to which you agree when using particular elements of the Website(s) constitute the entire and exclusive agreement between you and Alcatraz City Cruises.

GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of or related to this Agreement shall be resolved exclusively in the state or federal courts located in San Francisco, California and the parties consent to the personal jurisdiction of those courts.