User Generated Content Terms and Conditions
Thank you for your interest in sharing your social media post with Mattamy Homes and its community. Please read the terms and conditions that follow and, if you agree, reply to our comment on your applicable post with #MattamyYes.
By responding to our request with #MattamyYes you agree to the following:
- I give my permission to Mattamy Homes Limited, its affiliates, related entities, agents, representatives, successors and assigns and those acting under their authority (collectively referred to as "Mattamy") to use, reproduce, publish, display, communicate, perform, broadcast, edit, modify, make derivative works and distribute any materials, content, illustrations, photos, videos, comments and information relating to the post, or part thereof, including those bearing my social media profile information, image, voice, and/or likeness (collectively referred to as “Materials”) in any and all media and form, worldwide, in perpetuity, for any purpose that furthers the objects of Mattamy. I agree that no money or other form of compensation will be owed to any party as a result of the posting or other use of the Materials or the use of such Materials as contemplated by these terms and conditions or for any use, distribution, or other exploitation of the user-generated content or any rights therein, whether as part of the Services or otherwise.
- The permission referred to above includes the right to use the Materials in any manner and media, including posting the Materials to any website or online community directly or indirectly owned, controlled or operated by Mattamy or to any third party websites or online communities, including without limitation Facebook, Twitter, YouTube, Google+, Flickr, Pinterest, Snapchat or Instagram, upon which Mattamy has posted or wishes to post the Materials (collectively, the “Websites”).
- I hereby transfer to Mattamy all of my right, title and interest in the Materials, including but not limited to all intellectual property rights therein, and acknowledge that Mattamy may copyright the Materials or otherwise protect them in any way it sees fit, in its own name. To the extent that any part of the Materials cannot be assigned, I hereby grant Mattamy an irrevocable, perpetual, sublicenseable, unrestricted, royalty-free, worldwide, license to use the Materials as described in these terms and conditions.
- I waive (i) all rights of publicity and privacy which I may have in the Materials; (ii) any right to inspect and/or approve the Materials or any part thereof that may be used, or any use that may be made of them; and (iii) any moral rights, worldwide, which may have accrued to me, as author of any of the Materials.
- I warrant and represent that: a) I am the sole author of the Materials and own all rights to use them, or alternatively have the right to grant Mattamy the rights described herein; b) the Materials do not, and the use of the Materials in accordance with these terms and conditions will not, infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights, or any other rights, of any person or entity; c) I have obtained, prior to posting the Materials, any and all releases and consents necessary to permit the collection, publication, exhibition and/or use of the Materials by Mattamy in accordance with these terms and conditions; d) I have paid or will pay in full any fees or other payments that may be related to the use of the Materials; e) all Materials are accurate and do not violate any law, statute, ordinance or regulation; f) none of the Materials is defamatory in any manner, or places any person in false light; and g) I am at least 18 years of age.
- Without limiting the above, I represent and warrant that the Materials do not contain any personal information regarding any individual other than myself, or that if the Materials do contain personal information regarding any third party or parties, I have provided any necessary notices to such other individual(s) and obtained their explicit consent in a form that complies with all applicable privacy laws, in order to post their personal information and for Mattamy to collect, use and disclose their personal information as described herein. Personal information includes any information about an identified or identifiable individual, including but not limited to: name, address or other identifiers; information regarding an individual’s employment or relationships; information about an individual’s activities or whereabouts; and/or any photographs, voice recordings or videos of individuals, their homes, or their property.
- I authorize Mattamy to use and refer to my name, social media handle or other information identifying my social media profile, image, likeness, place of residence in connection with the use of the Materials in accordance with these terms and conditions, at Mattamy's sole discretion.
- To the extent that the Materials contain any personal information, I consent to Mattamy and its service providers collecting, using, and disclosing such personal information for the purposes of promoting and marketing Mattamy’s products and services. I understand that such information will be disclosed to the public online. I further understand that by posting the Materials to any of the Websites, unknown third parties may have the ability to download, copy, use, republish and make comments on the Materials (including any personal information contained therein) without moderation. Furthermore, Mattamy may not be able to control further dissemination of the Materials and my personal information by such third parties, even if I withdraw my consent for Mattamy to continue using and disclosing the Materials. The Materials, including the personal information contained therein, may be collected, stored and shared outside the country in which I am located, including in Canada and the United States, by Mattamy and its services providers. Accordingly, it may be accessible to courts, law enforcement, and national authorities in such other countries.
- I understand that I will not receive any payment for Mattamy’s use of the Materials. I understand that by posting the Materials to any third party Websites, Mattamy may be granting that third party an unencumbered interest in, or license to use, the Materials.
- I agree to indemnify and hold harmless Mattamy, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or posting the Materials, from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, including reasonable legal fees, arising out of a breach of my representations and warranties set forth above, my violation of these terms and conditions, my violation of any laws or the rights of any third party. This indemnification obligation will survive any termination of the terms and conditions. Under no circumstances will Mattamy be liable in any manner for any Materials containing any errors or omissions, or any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Materials posted, emailed or otherwise transmitted to the public.
- I further agree to forever release Mattamy, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or posting the Materials, from any claim by me, my family, estate, heirs, executors, administrators, personal representatives or any assigns, which I might otherwise have against Mattamy by reason of occurrences arising out of the use and/or posting of the Materials in accordance with these terms and conditions, and that this release shall operate as a complete bar to every action at law or equity which I or my family, estate, heirs, executors, administrators, personal representatives or any assigns may otherwise have.
- If I am located in Canada, I agree that these terms and conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, as applicable, and I hereby submit to the exclusive and personal jurisdiction of the courts of the Province of Ontario. If I am located in the United States, I agree that these terms and conditions shall be governed by and construed in accordance with the laws of the state of Florida, as applicable, and I hereby submit to the exclusive and personal jurisdiction of the courts of the state of Florida.
- I am free now, and in the future, to ask questions about these terms and conditions. I have read and understood all of the terms and conditions set out above and am agreeing to them knowingly, freely and voluntarily.