Terms & Conditions

Please note, this process will likely take 10-15 minutes to complete. Upon signing the terms and conditions, you will be prompted to take a short quiz to demonstrate your understanding of content usage. You will need to receive 100% to be granted access to our DAM library.

 

These Digital Asset Management Terms and Conditions (the “Terms and Conditions”) form a legal agreement between you (“You” or “you”) and the Revelstoke Accommodation Association, doing business as Tourism Revelstoke.

The Terms and Conditions govern your access to and/or use of the Tourism Revelstoke Digital Asset Management System (the "DAM") containing a searchable collection of photos (collectively, the "Assets") licensed by Tourism Revelstoke to you.

By accessing and/or using the DAM, including any Assets available on the DAM, you are deemed to have read and to have agreed unconditionally to the Terms and Conditions.

If you do not agree with any provision of the Terms and Conditions, you must not access or use the DAM or any Assets available on the DAM.

Tourism Revelstoke reserves the right to change the Terms and Conditions at any time without prior notice to you. It is your sole responsibility to review the Terms and Conditions on a regular basis. If you continue to access and/or use the DAM, including any Assets available on the DAM, you will be conclusively deemed to have accepted any changes. The Terms and Conditions were last updated in July 2024.

Age of Majority and Acting for Employer/Corporate Client

1.1  In order to accept the Terms and Conditions, you must be, and you represent and warrant that you are, at least 19 years of age.

1.2  If you are acting on behalf of your employer or any corporate client, or both, you acknowledge and agree that:

(a) you are accepting these Terms and Conditions both on your own behalf and as an agent on behalf of your employer and/or corporate client and you represent and warrant that you are duly authorized to do so;

(b) these Terms and Conditions will be binding upon your employer and/or corporate client, as applicable, and references to “You” and “you” will be conclusively deemed to include your employer and/or corporate client, as applicable; and

(c) you must ensure that the Terms and Conditions, and the obligations hereunder, are brought to the attention of your employer and/or corporate client, as applicable. In the event that your employer and/or corporate client, as applicable, does not agree to these Terms and Conditions, they must not make any use of the Assets whatsoever, nor may you use any Assets on their behalf.

 

IMPORTANT SECTION

Please read thoroughly.

Ownership of DAM and Materials on DAM

2.1  The DAM and all of the materials on the DAM, including without limitation the Assets (collectively, the “Content”) are owned by Tourism Revelstoke or other licensors and are protected by copyright, trademark, and other laws. Except as expressly permitted in these Terms and Conditions, you must not use, reproduce, or distribute, or permit or authorize any other person or entity to use, reproduce, or distribute, any of the Content in any form whatsoever without the prior written consent of Tourism Revelstoke.

Request for Use of Assets

2.2  You must not use any Assets unless and until Tourism Revelstoke has granted access to the DAM or provided you a license to do so. You may request permission by contacting marketing@seerevelstoke.com for a license to use one or more Assets and Tourism Revelstoke, in its sole discretion, may grant you such a license or provide a license from any other party with authority to grant such license. Tourism Revelstoke reserves the right to refuse to grant or provide a license for any reason, including without limitation if any Asset is unavailable or is subject to third-party licensing terms that conflict, or could conflict, as determined by Tourism Revelstoke in its sole discretion, with a grant of license to you.

License

2.3  Effective upon your download or embedding of an Asset from the DAM (the “Licensed Asset”) you have accepted the License (the “License”) to use the Licensed Asset on the following terms:

a)  The License is non-exclusive and valid until the date specified as the License Expiry Date (the “License Expiry Date”) unless revoked by the Licensor.

b)  The License permits use and distribution of the Licensed Asset by Tourism Revelstoke for the purpose of promotion of travel to and within Revelstoke (the “Permitted Use”).

c)  Any other terms specified in the Licensed Asset’s disclaimer on the DAM and these Terms and Conditions.

 

Permitted Use and Restrictions

2.4  You may use the Licensed Assets for the Permitted Use: (a) in digital materials promoting tourism in Revelstoke (e.g., social media, websites, e-newsletters). You are solely responsible for any text accompanying the Licensed Assets, including without limitation any claims included in, and the accuracy or completeness of, such text.

You must not use the Licensed Assets for any other purpose whatsoever, and without limiting the general nature of the foregoing, you must not, except as expressly set out in these Terms and Conditions:

(a) sell, transfer, reproduce, redistribute, or sublicense the Licensed Assets;

(b) place or use the Licensed Assets in or on any product intended for resale including merchandising and retailing;

(c) place or use the Licensed Assets intended for Real Estate sales and area development,

(d) use the Licensed Assets in connection with any service or product, whether commercial or non-commercial, that is not related to travel to and within Revelstoke;

(e) use the Licensed Assets in a defamatory, libelous, obscene, pornographic, or otherwise inappropriate context, or in a manner that is contrary to ethical business practices; or

(f) host electronic copies of the Licensed Assets in your operating environment. 

 

Additional Requests

2.5  The License allows you to use the Licensed Assets solely for the Permitted Use until the License Expiry Date, or your License is otherwise terminated. If you wish to use the Licensed Assets for a different purpose, or after the License Expiry Date or the License is otherwise terminated, or if you wish to use any other Assets, you must make a separate request through the photographer who owns the Asset.

 

Restrictions on Modifications

2.6  To keep the integrity of the Licensed Assets intact, you may not make any changes to the image. This includes changes that reduce the quality of the Asset by scaling, altering composition, or removing the focal point or subject(s) of the Assets. The Assets may not be edited by changing exposure, contrast, tones, saturation, or other photo edits. You must not modify or alter the Licensed Assets in any way whatsoever.

Attribution

2.7  You must give credit to the Licensed Assets with any usage. Credit must be given to the photographer specifically their full name and social media handle when it is mentioned in the file name, Photographer/Videographer named, or copyright. Credit must also be given to Tourism Revelstoke.

Completeness and Accuracy of Information

3.1  You must supply, and you represent and warrant that you have supplied, complete, and accurate information to Tourism Revelstoke in connection with your use of the DAM and the Licensed Assets, including without limitation your name, email address, physical address and company name (collectively, “Contact Information”).

Collection, Use, Storage, and Disclosure of Information 

5.1  Tourism Revelstoke is collecting your Contact Information from you for the purposes of operating the DAM and processing your license requests (the “Collection Purposes”). By accepting these Terms and Conditions and/or using the DAM, you consent, effective as of the date of such acceptance and/or use and continuing in perpetuity until revoked by you in writing, for the Collection Purposes, to use your Contact Information by Tourism Revelstoke. Your Contact Information will be kept confidential and will not be shared with third parties except as may be required by law.

Notice of Collection and Contact for Questions

5.2  Your Contact Information is collected pursuant to section 26(c) of the Freedom of Information and Protection of Privacy Act (British Columbia). If you have any questions about the collection of your Contact Information, please contact:

Meghan Tabor, Marketing & Destination Director Tourism Revelstoke meghan.tabor@seerevelstoke.com

No Warranty for DAM/Assets

6.1  The DAM, including any Assets available on the DAM, are provided “as is”, and Tourism Revelstoke disclaims all representations, warranties, conditions, obligations, and liabilities of any kind, whether express or implied, in relation to the DAM and/or the Assets, including without limitation implied warranties with respect to merchantability, fitness for a particular purpose, and non-infringement. 

 

No Liability 

7.1  To the maximum extent permitted by applicable law, under no circumstances will Tourism Revelstoke be liable to any person or entity for any direct, indirect, special, incidental, consequential, or other loss, claim, injury, or damage, whether foreseeable or unforeseeable (including without limitation claims for damages for loss of profits or business opportunities, use of or inability to use the DAM and/or any Asset, mistakes, omissions, interruptions, deletion, or corruption of files, errors, defects, or delays) arising out of or in any way connected with the use of the DAM and/or any Asset and whether based on contract, tort, strict liability, or otherwise.

Indemnification of Tourism Revelstoke

8.1  You agree to indemnify and hold harmless Tourism Revelstoke and all of its respective directors, officers, servants, agents, and employees from and against any and all claims, liabilities, damages, demands, losses, costs, or debt and expenses (including without limitation reasonable legal fees) arising directly or indirectly out of or in connection with: (a) your use of the DAM and/or any Asset, including without limitation any claim of infringement of third party intellectual property rights; or (b) your breach of any provision of these Terms and Conditions, including without limitation if any representation or warranty provided by you is or becomes untrue.

Interpretation 

9.1  In these Terms and Conditions, unless the context otherwise requires, words expressed in the singular include the plural and vice versa.

 

Entire Agreement

9.2  These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter of these Terms and Conditions, and supersede and replace any prior agreements or undertakings made or given by either of the parties.

 

Headings

9.3  The headings in these Terms and Conditions are inserted for convenience of reference only and are not intended to describe, enlarge, or restrict the scope or meaning of any provision of these Terms and Conditions.

 

Severability

9.4  If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable, all other terms and provisions of these Terms and Conditions will nonetheless remain in full force and effect.

 

Governing Law and Forum for Disputes

9.5  These Terms and Conditions will be governed by and construed in accordance with the laws of the province of British Columbia and the laws of Canada applicable therein. By accessing and/or using the DAM or any Asset available on the DAM, you consent to the exclusive jurisdiction and venue of the Supreme Court of the province of British Columbia for the hearing of any dispute arising from or related to these Terms and Conditions, or your use of the DAM or any Asset.

I have read and understand the terms of the agreement outlined in the above/previous. 

Please note once you hit submit you will be automatically redirected to our user quiz. You must complete this quiz and receive 100% for your application to be approved.