By replying #YesADK, you are confirming your agreement and acceptance of the following terms and conditions with respect to the Contributed Images and all related content, graphics or images (Contributed Images):
You hereby grant the Regional Office of Sustainable Tourism (“ROOST”), its authorized agents, designees, licensees, vendors, successors and assigns the non-exclusive, worldwide, royalty-free, right and license to use, reproduce, distribute, display, exhibit or to authorize others use of the Contributed Images or any portion thereof at any time and for any purpose, and to use the same in any medium, and in any form, including but not limited to, print, electronic, or digital, for any purpose, including but not limited to, the promotion of the Adirondacks or any commercial purpose. You represent and warrant that: (i) the Contributed Image(s) does not violate any applicable laws or regulations, including without limitation any third party copyright, trademark or other intellectual property right; (ii) you are the sole and exclusive owner of all right, title and interest in and to the Contributed Images and there is no contract, option or any other right of any person, now or at any time in the future, that may prohibit you from granting this license to ROOST; (iii) you are 18 years of age or older; and (iv) you have all necessary permissions and releases for the use of any names, trademarks, logos, uniforms, design, works of art or images of any person depicted in the Contributed Images. You hereby release and discharge ROOST, and its respective agents, designees, licensees, vendors, successors, assigns, officers, directors, employees, from any and all claims, demands, liabilities or expenses that you may now or hereafter have or incur by reason of the exhibition, distribution or use of the Contributed Image. You agree to defend, indemnify and hold DED, ESD and the State of New York and their respective agents, designees, licensees, vendors, successors, assigns, officers and employees harmless from any and all damages, claims, liabilities, losses, suits, damage costs, or expenses arising out of or relating to: (i) a breach by you of a warranty, representation, covenant or agreement made herein; (ii) infringement of the rights or property of a third party; or (iii) your acts or omission. This license grant shall be governed and construed in accordance with the laws of the State of New York, irrespective of conflict of laws principles, and you agree that any and all claims asserted by or against ROOST arising under this Agreement or related thereto shall be heard and determined in a federal or state court located in the State of New York.